Chen Shen

1. How do Canada’s copyright laws affect you? How should existing laws be modernized?
As a consumer as well as producer of original works, copyright laws affect me daily both digitally and physically. Existing copyright legislation dates back to an age where print media was the prevalent form of content distribution, and where costs are associated with reproduction. Because of this, it was sufficient to place controls over the means of reproduction to protect the interests of rights holders. This has changed with the prevalence of digital media, and attempting to apply a scheme of copyright protection that was designed to work in print media onto this new landscape will ultimately be a futile effort. Instead, the purpose behind copyright should be reevaluated, and reforms should achieve a truly balanced approach to protecting the interests of both content publishers and content consumers, which is based in reality as opposed to the fantasies of media conglomerates clinging onto an ancient media landscape.

2. Based on Canadian values and interests, how should copyright changes be made in order to withstand the test of time?
Copyright legislation that could withstand the test of time should be based on the essence and purpose behind copyright, not on the popular medium of distribution of the day. On one hand content producers would like the benefit of being able to profit off their ideas if they so choose, and on the other hand content consumers would like the ability to consume media freely, without an ominous corporate entity prescribing oft draconian acceptable use. There are also some content producers who remix existing content, and would also like the ability to use existing content freely. The proposed copyright reforms, especially C-60 and C-61, have been framed exclusively in the interests of the former, while crushing the interests (and to some degree, rights) of the latter groups. This does not have to be a dichotomy, it isn't a dichotomy, and good copyright legislation should recognize the common interest amongst all parties.

Specifically, a reformed copyright bill should emphasize the protection of original content against commercial and mass infringement, and deemphasize activities that regular individuals partake in daily, which pose no threat to the commercial interests of the content producer, but greatly expand a user's freedom to use content. Copyright legislation should also encourage the adoption of new media technologies by existing content producers, so a debacle like the RIAA's predicament of being stuck in an outdated business model while not being able to enter the new market does not result. Often, existing businesses are barred from entering into these new markets due to uncertainties in the law — an artifact of legislation written to address specific media types.

3. What sorts of copyright changes do you believe would best foster innovation and creativity in Canada?

4. What sorts of copyright changes do you believe would best foster competition and investment in Canada?
Good copyright reform should foster both innovation & creativity as well as competition and investment. The first three may be achieved by reducing certain restrictions on how content is used, expanding user rights such as fair use, and at the same time offering protections to content producers claim to originality (by this I mean a right to be credited).

Investment is fostered by a healthy media marketplace, and this would first and foremost involve not alienating the consumers who purchase media. Encouraging content producers to experiment with new and innovative ways to monetize content by leveraging emerging technologies instead of fighting against them would also greatly increase the livelihood of the media marketplace.

Finally, for-profit corporations can and should be treated differently from individuals or non-profits in media consumption — but not unreasonably so. Copyright legislation should strive to place few restrictions on individual consumers so they are encouraged to consume media, while placing necessary restrictions on commercial entities or other similar groups to protect the commercial interests of content producers. This could mean an exclusive right to distribution for a short period of time, or existing copyright protections for some years, but not an excessive amount. Different types of content could, of course, be given different degrees of protection as is appropriate. Generally speaking, restrictive protections should expire soon after content ceases to generate significant revenue.

5. What kinds of changes would best position Canada as a leader in the global, digital economy?
Embracing new technologies and trends instead of trying to suppress them. The global economy is constantly evolving, and the digital world changes even quicker. Trying to freeze business practises into an era is not a viable solution to preserving a vibrant economy. Canada needs to adopt common practises and encourage businesses to build upon them and discover new avenues of profit.

Chen Shen