I have submitted my answers to the five questions posed in the Copyright Consultations.
1. How do Canada’s copyright laws affect you? How should existing laws be modernized?
Canada’s copyright laws affect me because I enjoy many forms of media that are protected by copyright. I enjoy reading, playing computer games, listening to music, and learning from podcasts. These are more readily available to me in because of the copyright agreement between creators and consumers. My work builds upon the work of others to produce personalized maps and reports for clients. There are very few aspects of my day-to-day life that are not affected by copyright.
Existing laws should be modernized to allow people to build upon the works of others to add greater value to derivatives of those works. For example, a lot of the music I listen to is a reinterpretation of other pieces which were themselves derived from earlier works. Copyright laws need to recognize that we are all standing upon the shoulders of giants. Creators do not develop their works in a vacuum but build upon everything that has gone before them.
2. Based on Canadian values and interests, how should copyright changes be made in order to withstand the test of time?
As a Canadian, one of the things that I am proudest of is my heritage. Canada is not a melting pot, but a tapestry of many cultures drawn together into a greater whole. Copyright should be limited in time and scope so as to prevent the loss of that heritage and to encourage creators to draw up on that heritage and bring it to life for each new generation of Canadian. Locking away pieces of our heritage for life does not encourage Canadian values but individualistic dog-in-the-manger-like behaviour.
3. What sorts of copyright changes do you believe would best foster innovation and creativity in Canada?
Copyright should have a strict time limit, one that is much shorter than an individual’s expected lifespan. This would allow creators to draw upon their earlier experiences to bring new life to half-forgotten ideas. There should be broad fair-use rights to encourage creators to develop ideas to their full potential without fear of costly litigation. Creators can innovate much more freely if they’re not constantly looking over their shoulders in fear of lawsuits.
4. What sorts of copyright changes do you believe would best foster competition and investment in Canada?
Copyright should be narrowly focused on specific expressions of an idea. This would allow competitors to develop their own possibly superior versions. With reasonable copyright laws Canada can be a center for creativity and investment.
5. What kinds of changes would best position Canada as a leader in the global, digital economy?
Outlaw Digital Rights Management (DRM). It is ineffective in stopping or even slowing piracy. The ones who are most affected by it are honest consumers – those who seek to violate copyright are not even slowed down by DRM and have not been for as long as digital media has existed. Due to DRM I have lost access to numerous programs and books which I purchased legitimately. DRM is anti-consumer.
Copyright law should not refer to specific technologies but instead look at broader principles.
Copyright law should not refer to specific technologies but instead look at broader principles.
As always, Thomas Babington Macaulay’s 1841 speech to the British House of Commons covers most of the issues that keep being brought up in these discussions of copyright. The arguments for copyright have not changed much in over 168 years. We have let those who push for stronger, broader, longer copyright have the upper hand for too long and their results have been dismal. It is time to return to a fair copyright.
