Copyright Consultations
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Archived - Friesen, Chris
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1. How do Canada's copyright laws affect you? How should existing laws be modernized?
It should be explicitly allowable for individuals to make copies for the purpose of format or time shifting. This right should supercede any other rights, including explicitly allowing circumvention of copy protection measures.
If an entity chooses to use technological copy protection measures, they should be forced to place an unencrypted copy of the work in escrow with the government (maybe the national library?), where it will be free be accessed by anyone with rights to the data. This could include researchers, people with disabilities that require the data in a different format than it is commercially available, etc.
2. Based on Canadian values and interests, how should copyright changes be made in order to withstand the test of time
A strong emphasis should be on balancing the rights of the individual versus the rights of the creator of the work. Historically the creators have had strong lobby support so lawmakers should be careful to consider the rights of the individual since they generally have less of an organized voice.
3. What sorts of copyright changes do you believe would best foster innovation and creativity in Canada?
As mentioned above, it should be explicitly acceptable to make copies for the purpose of format or time shifting, so long as the original copy was legitimate and the resulting copies are not being distributed.
Also as mentioned above, any works protected using technological measures such as encryption may be vulnerable to the demise of the entity that distributed the information. In order to ensure that people don't lose access to works and that works are accessible once they become public domain, an unencrypted copy (or means to create such) should be provided to the government.
4. What sorts of copyright changes do you believe would best foster competition and investment in Canada?
Allowing format shifting would open up the market to all sorts of legal format-shifting devices and software, creating competition and development.
5. What kinds of changes would best position Canada as a leader in the global, digital economy?
A flexible approach to copyright with an emphasis on the rights of individuals to noncommercial copying would be the most beneficial to the individuals and to those entities producing software/hardware to perform such copying. On the other hand, the producers of original works may (or may not) benefit from tighter copyright controls. In the middle there are producers of works which are based off other copyrighted works, and they would benefit from a balanced approach.
Chris
