Electronic Rights Defence Committee

The following is the submission of the Electronic Rights Defence Committee submitted by ERDC chair Mary Soderstrom

For more than 12 years, a group of freelance writers who are known as The Electronic Rights Defence Committee has been persuing a class action against The Gazette newspaper and its owners for the unauthorized, uncompensated reproduction of their work by electronic means. This class action has recently been authorized to proceed by the Quebec Superior Court.

In some respects our case resembles the successful class action Robertson vs. Thomson in which the Supreme Court of Canada recognized that creators hold copyright to their work and which has resulted in a settlement that is currently being finalized. Because we are in Quebec, however, our case also concerns contract law in this province.

Since we began our case, technological change and media concentration has limited the economic options available to our members. We need strong copyright law to give us more power to negotiate with publishers and other entities using our work.

As creators who want to make an income from what we write, we insist that any future copyright legislation must

1. Recognize the principle that creators own their creations.
2. Recognize that creators must benefit economically from their work andthat ensuring they do both enables and encourages freedom of speech.
3. Recognize that any use must be authorized by an original creator.
4. Forbid unauthorized use.
5. Contain a "notice and takedown" system which requires an ISP to notify subscribers with material that violates copyright and allows them to take down or disable this content if the subscriber won't do so.
6. Restrict exceptions. We are particular concerned that the current unfortunate provision that allows single copies to be made in libraries be struck down. Instead, Bills C-60 and 61 propose to extend this exception by allowing a system of inter-library "loan" which would allow a single library to supply copies of a work through digital delivery to library patrons in their own homes without payment.

While large corporations in the entertainment and information fields may make large profits through copyright protection, independent creators do not. Copyright legislation must provide legal protection for our works. Other countries have recognized the importance of creators by keeping them at the centre of their Copyright Acts. Canada should do the same.

Mary Soderstrom
Montreal QC