Copyright Reform is Long Overdue

A submission by the Greater Sudbury Chamber of Commerce

September 11, 2009

Introduction

The Greater Sudbury Chamber of Commerce represents 1,000 plus Canadian businesses, many of whom are affected by Canada’s copyright laws. Our membership includes entrepreneurs who invest in new innovations, local video and music stores, and software developers who are concerned for their livelihood because today’s copyright laws offer so little protection against piracy and online file sharing. Our members also believe that creators should have the right to be paid for their work. We support the government’s efforts to introduce updated copyright legislation this fall and are pleased to present its views on reforming Canada’s Copyright Act.

The Need for Copyright Reform

Copyright reform is long overdue. Canada is years behind its key trading partners in modernizing its copyright laws for the digital age. As a result, the proliferation of online file sharing – and its impacts – is far greater here. In the absence of modern copyright rules, rampant file sharing and mass unauthorized downloading has eroded legitimate sales of digital goods, such as movies, music, and software, and has undermined the ability of creators and the creative industries to earn a living from their work. By failing to take action, our government has allowed a culture of piracy to thrive in Canada.

Copyright reform is also needed because, under the current law, there is no clarity about what is – and is not – acceptable for Canadian consumers on the Internet. In the absence of clear rules, businesses here are less willing to develop and support creative new digital distribution models because they lack confidence that they can earn a return on their investment.

Reforming Canada’s Copyright Act

The Greater Sudbury Chamber of Commerce supports some of the key principles in Bill C-61, introduced in June 2008 to update copyright legislation:

• The rights of those who hold copyright must be fairly balanced with the needs of users to access copyright works.
• The Copyright Act must provide clear, predictable and fair rules to allow Canadians to derive benefits from their creations.
• The Copyright Act should foster innovation in an effort to attract investment and highpaying jobs to Canada.
• Canada must ensure that its copyright framework for the Internet is in line with international standards.

At a minimum, Canada's copyright reforms must:

• Create online legal certainty to enable a robust legitimate online marketplace.
• Provide strong copyright protection that provides incentives for entrepreneurs to invest in innovative new digital business models that enhance Canadian consumer choice.
• Effectively protect creators’ investments of time, money and creativity.
• Avoid vaguely-worded, open-ended or flexible exceptions to copyright that invite litigation, create legal uncertainty and deter new business models.
• Prohibit hacking of digital protections of creative works under the same principles that prohibit picking locks, hacking computers, stealing satellite signals or trafficking in breakand- enter tools.
• Modernize Canada’s copyright laws in accordance with the WIPO Treaties and international best practices so Canada is in line with the European Union, the US, Japan and our other major trading partners.
• Provide clear rules against unauthorized file sharing services to ensure that Canada does not become a haven for illegitimate operations that profit from enabling the massive theft of other people’s property.

Conclusion

Canada is years behind its trading partners in reforming copyright laws for the digital age. Reforming Canada’s Copyright Act is about jobs, it is about careers and it is about culture. The government is not being asked to do anything that has not been done elsewhere in Europe and the U.S., where copyright laws were modernized years ago. The time has come for Canada to catch up with the rest of the world.

Again, we would like to thank the government for the opportunity to provide input on copyright reform. This issue is of critical importance to the livelihood of our members and of our business community in general.

Sincerely,

Debbi M Nicholson

PRESIDENT & CEO
Greater Sudbury Chamber of Commerce
Cc: Hon. James Moore, Minister of Canadian Heritage and Official Languages
Glenn Thibeault, MP Sudbury
Claude Gravelle, MP Nickel Belt
Chris Gray, Director, Canadian Intellectual Property Council and Innovation Policy, Canadian
Chamber of Commerce