Hunt, P.

To Whom It May Concern:
While I work in the software development industry, these opinions are my own and reflect my personal experience as a consumer in Canada. The following are in response to questions posted at http://copyright.econsultation.ca/topics-sujets/show-montrer/18

How do Canada’s copyright laws affect you? 
How should existing laws be modernized?
Canadian copyright laws do not recognize the issue of content availability across multiple media types or platforms. Too often, Canadian licensees of content are allowed to control multiple media platforms while they have intent only to support one media platform. For example, Canadian television broadcasters license content and then refuse to allow other distribution (e.g. over the Internet) so that they may protect television revenue at the expense of other markets.

Based on Canadian values and interests, how should copyright changes be made in order to withstand the test of time?
Copyright rules should avoid technology specifics to stand the test of time. However, rules should acknowledge that copyright content can span multiple technology platforms. The multi-media issue raises several consumer rights and copyright holder rights issues. Copyright holders should have a responsibility to ensure fair and non-discriminatory licensing on all media platforms. Re-distributors must hold that same responsibility.

What sorts of copyright changes do you believe would best foster innovation and creativity in Canada?
Copyright needs to have balance. Overuse of copyright (and patents) stifles content creation and distribution as much as it protects it. I do not believe copyright legislation in Canada should specifically "foster innovation and creativity in Canada". Copyright is a global trade issue. However, it is reasonable to foster creativity in Canada by leading the world in our approach to copyright legislation.

What sorts of copyright changes do you believe would best foster competition and investment in Canada?
Too often the impression is that Canadians are ignoring copyright. I believe this to be false. More often, the issue is the copyright holders refusal to license content on all media forms and a fair and non-discriminatory way. As with trademarks, holders that fail to market/sell product in a segment should forfeit rights. This is what Canadians believe is happening when they download supposedly "illegal" content in a non-traditional way when the market has not provided a reasonable legal source. As in questions 1 and 2, re-distributors who licensing multi-media platforms without intent to market into all platforms should be considered anti-competitive if the intent is to favour revenue from one media platform at the expense of another.

What kinds of changes would best position Canada as a leader in the global, digital economy?
Canada licenses a lot of content created in other countries. Canada's "solution" has to be shown as innovative and eventually acceptable in the world. It should not be focused on merely creating content monopolies that create artificial "scarcity". It should also enable economic "abundance" models.

Current US copyright models tend to focus exclusively on the rights of the content owner and do not take into account the rights of licensees or of the market. Canada should demand a greater balance between the rights of creators and that of the marketplace.

P. Hunt Vancouver BC