Kipp, Margaret

1. How do Canada's copyright laws affect you? How should existing laws be modernized?

   I am an assistant professor in library and information science and a computer programmer. As an academic, I write articles based on my research for which I own the copyright. I also write software for my research for which I own the copyright. Canadian copyright law should be written so as to support the work of academics and software creators by allowing creators, such as myself, to make decisions about how to distribute, share and sell our work. This means that copyright law should support and encourage open access research and alternate license models such as the Creative Commons and the GPL.

   I am also a Linux user and a purchaser of DVDs and Ebooks. Under Canadian law, I can legally watch my purchased DVDs on my Linux computer, as I have legally purchased the DVDs (or borrowed them legally from the library). Bill C-61, which makes no distinction between legal, non-infringing uses and illegal uses, would have made this perfectly ordinary activity illegal as Linux DVD players break the DRM on DVDs. Canadian copyright law should be modernised to protect my fair dealing rights to watch my legally purchased DVDs and move my legally purchased ebooks to new devices I buy. In fact, fair dealing should be strengthened to ensure that it can never be overriden by commercial interests.

2. Based on Canadian values and interests, how should copyright changes be made in order to withstand the test of time

   Copyright law should be modernised to increase support for innovation by encouraging new and different models for information sharing and distribution. In research oriented areas, this would mean providing support for open access research and open access journals. In other areas that could include support for Creative Commons styles licences which both support the copyright of the creator and allows the creator to be flexible in determining what rights they wish to retain for themselves and which they wish to allow to others. For example, using a Creative Commons licence a creator can specify that their work can be used for any non-commmercial uses without requesting special permission.

   Additionally, the provisions of fair dealing should be strengthened to encourage research in the sciences, social sciences and the arts. Researchers should be able to make reasonable use of materials without needing permission from the author in order to critique, review and extend existing research. This is necessary to the progess of science and the arts. Provisions should also be included to allow for the use of parody as a method of critiquing an existing work, an exemption which is not currently present in fair dealing.

   The rights of users to format shift and time shift information and media should be enshrined in the copyright law. Including these provisions would remove the need to have special provisions for the physically and developmentally disabled as a format shifting right would allow anyone to copy or convert their legally purchased media into a format they can use. In any case, DRM should never be allowed to override the fair dealing rights of users or their right to access materials they have legally purchased. Copyright law should criminalise criminal behaviour only, such as commercial piracy, and should not pretend to control the ordinary actions of ordinary users who are simply making reasonable use of their legally purchased materials.

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

   The term of copyright should be shortened in order to foster innovation and creativity. Copyright terms lasting up to 50 years beyond the life of the creator do not create an incentive to create additional materials. In fact, the increasing length of copyright is more likely to have a negative effect on innovation and creativity as it encourages publishers and businesses, generally the owners of a creator's copyright, to stick with tried and true formulas instead of trying new things. A shorter copyright term would encourage businesses to be more innovative in order to stay at the top of their fields by constantly bringing in new creators. Creators would still be able to sell their works and make money from their work, even after the copyright expired, as they could sell signed copies or other provide other value added items that no one else could provide.

   Only two copyright terms really make sense when trying to foster innovation and creativity: a short term, perhaps 20 years like patents, or the life of the creator.

4. What sorts of copyright changes do you believe would best foster competition and investment in Canada?

   Canada should become a leader in the open access movement for academic research in order to encourage the flow of scientific research in the country. Academic research increases when it is shared (the academic research model requires that academics publish their work so other academics can build on it) and businesses also benefit from a strong research sector as they can work with academics to innovate or work on practical issues stemming from academic research. A strong Canadian research sector would encourage investment in Canada.

   Competition would also be fostered by supporting the development of open source software in Canada, software which could be used by Canadian government offices, businesses and ordinary users. Open source software allows its users to contribute directly to development by contributing bug reports and even by submitting changes designed to improve the software. Many businesses, such as IBM and Sun, contribute directly to the development of open source projects and are able to sell support services for such products. Many Canadian companies do so as well. Canadian businesses are important to the Canadian economy.

5. What kinds of changes would best position Canada as a leader in the global, digital economy?

   Canada can lead the world by strengthening fair dealing provisions such as format and time shifting to ensure equal access to information and media for all people, including those with physical or developmental disabilities. We should be a leader in this area in order to ensure that none of our citizens are left out of the global, digital economy. To achieve this, Canada should enshrine strong protection for tools which break DRM (digital locks) when they are being used for legal, non-infringing purposes.

   Canada should modernise its copyright law to provide global leadership in the development of a copyright system designed to foster innovation and creativity and to support the public good, not corporate greed. Copyright laws were restricted in their scope (what rights are controlled by a creator) and their duration (length of the copyright term) for good reason. Excessive copyright stifles innovation and creativity.

Margaret Kipp, MLIS, PhD