359 comments - Latest by jchalifour
The multiplication of digital platforms has opened new markets, enabled new business models, and created new opportunities. But while there is a strong consensus in Canada that our copyright framework needs to be updated to make the best of these opportunities, opinions diverge on the form these changes should take.
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Discussion Question:
What sorts of copyright changes do you believe would best foster innovation and creativity in Canada?
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jchalifour
I think most people recognize that innovation and creativity do not take place in a vacuum. They go hand-in-hand with the living loop of our society. In order to foster more innovation and creativity, it's essential to liberate exposure, apprehension, distribution, and redistribution of all public intellectual manifestations.
The best way to encourage innovation, which by definition builds on what exists already, is to encourage the free-flow of ideas in all their forms. Creativity likewise often flourishes as people are inspired by their apprehension of other's creative works. Modern Canadian copyright should boldly recognize the infinite, free reproducibility of ideas as a common good, necessary for innovation and creativity. This would help ensure their apprehension.
To foster innovation and creativity modern Canadian copyright should also ensure recognition of creators. This is important for at least three reasons. First, because it identifies those participating and thus calls attention to the life that is Canadian society. Second, knowing the creator of some sort of intellectual manifestation helps enable social interaction between people. If I know who wrote a song, I can find more of her work, which might further inspire me to create something or otherwise participate in our society, or I can collaborate with her. Finally, something just feels right about being able to identify a creative work with its author. Authors feel entitled to recognition of their labours contributing to the living loop that is our society. Recognition of the elements composing our commons by our commons, encourages us to participate.
[updated 2009-09-13 12:42]
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13 Sep 12:42
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polbel
A: We are completely swamped and information-overloaded already with all the innovation and creativity so reducing the copyright terms to 10 years would be a good way to cool off all this creativity a bit so we can get on with really living our lives instead of by media procuration.
[updated 2009-09-11 05:55]
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11 Sep 05:55
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fburnaby
Syndication by (large) private firms used to be the best way for an artist to reach a wide audience. These corporations provided us all a service (the delivery of goods) and were justly compensated for it. However, they also acted as "gatekeepers", keeping content homogeneous, conservative, and mainstream.
Now, the cost of entry into the artistic market has been substantially lowered, allowing anyone to participate. This "new" situation better reflects the Canadian values of cultural plurality and freedom of expression. Legally imposing digital restrictions now will stifle new business avenues for many innovative artists not deemed acceptable by the gatekeepers. Thanks to the internet, these gatekeepers are no longer necessary and should not be artificially propped up by backwards-looking legislation such as those being considered.
To answer the question more directly: Net-neutrality, and complete absence of DRM-related wares should be ensured by legislation, if we are to foster the important cultural contributions of our artists.
[updated 2009-09-10 12:22]
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10 Sep 12:22
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dendee
Pay All Youtube Contributors !!! Lets face it, Youtube is the new television network, and if your kid submits a video for the world's entertainment, he/she is a television producer that should be paid when someone watches that content. A business model could be easily made whereby payment for content could be collected by the ISP's and divided up according to number of views etc.
[updated 2009-09-10 07:36]
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10 Sep 07:36
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danrb
Changes should be made to the law that will support the creator, give them rights and allow them to do as they please with their products. Laws that will protect the creator from corporations that wish to take away their rights, and keep the creator in charge of their own content. As well we should protect the content for a suitable amount of time. Protecting the content of a creator that has died 50 years ago does not make sense. This does not encourage the _dead_ artist to produce more content, it simply keeps the content out of the public arena and continues to role in money for their great grandchildren, which does _not_ encourage innovation.
[updated 2009-09-09 12:11]
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09 Sep 12:11
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snowmotionfilms
As a small artist I am CERTAIN that copyright laws really only protect the HUGE big companies Images & Sound created by small organizations or individuals have little or no chance of being compensated by breaches and levies on Blank media therefore I think copyright protection is a Scam as far as Blank hard drives and recording media is concerned
I have seen my stuff on others Videos and shows it is not realistic to try make a claim and if A person uses your footage and never pays you are not likely to ever see any payment unless you own a network or are a Big company this is Fact not fiction So if the small have no protection why should the Large??
I have seen my stuff on others Videos and shows it is not realistick to try make a claim
[updated 2009-09-06 21:25]
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06 Sep 21:25
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VancouverA
Give us some freedom. The very few companies that run the entertainment make enough money and whine about losing a small percentage. We the consumers demand some freedom. We bought the good now let us do what we wish with limits of course. Limits that are well thought out, not the absurd limits of the Bill C-61. Let us share. Let us be free. Free commons is the way to go.
[updated 2009-09-06 02:54]
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06 Sep 02:54
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Kim Erickson
As a long-time music creator and author of song lyrics, I believe the Government must enact Copyright laws that ensure copyright is properly protected and fairly compensated. Protection of copyright is important for artists and for businesses, and benefits all Canadians and the Canadian economy.
[updated 2009-09-05 14:18]
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05 Sep 14:18
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PeterJones
Strong public domain and expanded fair dealing are important for innovation, because new works are built upon older works, usually available the public domain and via fair dealing.
The government at the minimum should commit not to increase the copyright term. Berne convention permits this.
But to foster creativity, Canada should take leadership and link copyright term to creative activity, instead of linking it to author’s life (or death). Copyright term should not last for X years after author’s death, it should last for Y years after the work was communicated by the creator to the intended audience. Society does not pay for author’s life; it pays for author’s creativity. This change not only links reward to creativity, but also makes it simpler to assess the expiration of copyright on a work.
A shorter term would act as a filter, and a quality filter is good for the society. Great works created by personalities with charisma are known to retain and even increase their value: they are sold for real money without special marketing efforts even in the era of “de-facto everything free”. Because great works retain their value without regard to copyright term, copyright term matters more for average works than for quality ones. So, now there is an incentive to create a quality work that is “above” the copyright term just by virtue of its quality.
Another possible approach to the above filter is to give a short initial copyright term (like 5 years) and letting the creator express interest and extend it once or twice (or even up to current term of 50 years). This would give benefit to the society without impacting the creators too much: works that generate income can still benefit their creators and orphans enter into the public domain pretty fast. This term extension could be done for a fee payable to the government, and the rationale is quite simple: if the work generates income, the creator is interested in extending its term and is able to afford the fee; otherwise the work does not bring as much value and can just fall out into public domain and someone else may build another work upon it that has more value.
In case of the government, who is paid by taxpayers and works for taxpayers, a different model should be used and crown copyright should be eliminated. This will bring more transparency and enable citizens and companies to solve problems that were found in government-sponsored research. It may mean more taxes for taxpayers, but the benefits of increased transparency and reuse of government work will outweigh the cost in the long term.
[updated 2009-09-04 02:13]
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04 Sep 02:13
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Rob Patterson
We need a method of ensuring that independant innovators and creators get paid without having to subscribe to the existing models.
As a specific example how do we pay a songwriter who doesn't belong to Socan? This is a signifigant question, as Socan collects and distributes royalties with only a few exceptions to the exclusion of all others. Here's the catch 22, Socan has rules for membership while other entities that you may need to interact with to become a member of Socan don't want to talk to you unless your a member of Socan. I'm not suggesting that we get rid of the collectives, but we do have a lot of barriers to circumvent.
[updated 2009-08-30 16:02]
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30 Aug 16:02
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kellyN
As a member of a small EMI organization copyright affects the way we do testing, and the closed nature of IEEE affects the way we do research.
Test standards published by Canada and the EU are costly, and often republished (at full cost) with minuscule changes. It is possible for a test to cost less than the test standard. As a result, technology innovators often test to old standards, or assume that standards from differing regions will match.
This is not a healthy way to do business, and the elimination of crown copyright would certainly be helpful to innovators.
A great deal of information is obscured by the closed nature of IEEE, copyright changes that discourage copyright aggregation would help innovators everywhere.
With over twenty years experience in the technology industry. I have done a fare number of interviews and selections. It has become clear to me that the best candidates are consistently the ones who have developed experience at their own initiative. Education is secondary. If we create an environment where it is not legal to reverse engineer hardware, or 'hack' software/media, innovation in Canada will die.
I am also concerned that the 'moral rights' movement will spread to hardware with similar consequences, but have seen no evidence of this as yet.
Finally, a great deal of research goes to waste when it is discovered that a given solution or discovery has been patented and not implemented. We need to ensure that patents are either brought to market, or transferred to those who will. In the same way, copyright aggregators should be required to return ownership to the original creator, or the public domain, if a work is not currently being distributed.
[updated 2009-08-30 12:55]
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30 Aug 12:55
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smith from sweaburg
1. There need to be broad exemptions from restrictive copyright law for educational institutions so that they can "foster innovation and creativity" in Canada.
2. There needs to be a concerted effort on the part of the government to support innovation and creativity financially.
3. The language of the government needs to be supportive of the arts in Canada.
4. Content created by Canadians needs to be a source of revenue from other countries. Therefore there needs to be active cultural missions and activities abroad promoting works in all of the languages of Canada in countries where they are also common languages, e.g., How many times have the people of Martinique been introduced to the poetry of Patrice Desbiens? How many times have native-speaking North Americans in other parts of the Americas been offered media or print texts in languages accessible to them? I'm told by Northern Tuchtone, Yukon natives that they understand and are understood by the Navajoh. Let's foster these opportunities for synergy, cultural and otherwise.
[updated 2009-08-28 21:11]
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28 Aug 21:11
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nocopyrightupdate
I think it is funny. All of these discussion questions and topics. Are worded as if copyright changes are going to happen. From what i read on this forum and on the internet, is that much of Canada and Canadians don't want any changes or updates to copyright. The government can change in a blink of an eye with a minority government. Just look at what happened in Newfoundland with the conservatives in the last election. And that was just with a Newfoundland issue. Now he's talking about all of Canada. Does Harper really what to go into an election where the polls are so close, on an issue like this? Canadians aren't stupid. Are we really to believe that Harper cares about musicians and artists? Please. We all know the real reason. They are getting pressured. If there is a federal election in the fall, I will not be voting conservative again. My vote will go to who ever says that copyright is fine the way it is.
[updated 2009-08-28 14:51]
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28 Aug 14:51
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tamarack
Changes which give the copyright holder a short and limited time to profit from their works so that ideas can move more quickly into the public domain. Or perhaps an interim term wherein a work is not in a no-holds public domain, but rests for a period of time in a not-for-profit public domain. Copyright law based more upon the Creative Commons licenses would better foster innovation and creativity.
[updated 2009-08-25 16:47]
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25 Aug 16:47
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hec
Since the invention of the phonograph, the high cost of recording and distribution of music allowed an industry to evolve where a small number of multi-national cartels had the money and the power to choose who got access to recoding studios and radio airtime. Just as it was expensive to record an album - it was expensive to copy and share. Technology has changed this.
Music is now cheap to record, copy, distribute and promote.
If you want to "modernize" our copyright laws, then let’s really recognize technology as it exists today and make sure our laws reflect it.
* Lets acknowledge that any DRM can and will be broken, and for the foreseeable future, it is technologically simple for average citizens to share songs. While this make it harder for a small number of "super-star" artists to record a single song that could earn them more than an average person earns in a lifetime, this ease of distribution provides the majority of artists a huge advantage. There no longer are a few corporations that can make or break a career. The easy distribution of music brings an artist's music to new people. These new people can become fans, and support the artist by purchasing concert tickets, t-shirts, posters, and deluxe enhanced music compilations. If you want to modernize laws, lets make sure that NEW ways of doing business are supported. We don't need new laws to enforce old ways of working.
* Lets acknowledge new ways of creation. One of these new ways is to take existing songs and remix them - change then - combine then with other songs - to create new art. If you want to modernize laws - lets make sure that these new art forms are supported. We don't need new laws to limit the way that art is created.
So yes - the current copyright laws probably need updating. They need updating to acknowledge new technology and new ways of creating art. They need updating to protect the Canadian people from multinational corporations who wish to control the creation and distribution of Canadian art and Canadian culture.
Create laws that embrace new technology, rather than by fruitlessly trying to suppress it. Acknowledge new technology and new thinking – don’t legislate outdated business practices.
[updated 2009-08-22 12:59]
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22 Aug 12:59
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Travis Huckell
Significant expansion of moral rights to parallel the French and German systems and to bring Canada in conformity to its Berne Convention obligations on moral rights.
The law should be modernized by fully implementing our Berne Convention obligations as to moral rights. Moral rights in Canada are not as fully implemented as they are in most countries of the European Union. There, moral rights are, generally speaking, inalienable. This gives the author greater creative control over the author's works. In France and Germany, for example, publishers are unable to seek a waiver of moral rights, thus preserving the author's creative interest in keeping the author's work current and meaningful.
Moral rights are not purchasable because they are not property rights. Instead, they are akin to a human right, a personal attribute of the author's personality. In European law, an author can no more sell or waive his or her moral rights as sell the his or her own personality.
In Canada, by contrast, publishers often seek a waiver of moral rights, which is permitted under Canadian law. I am sure that publishers see authors' moral rights as a nuisance since the publishers have to consult with authors if changes are made to a work for which the publisher has purchased copyright.
However, the wisdom of moral rights in the Internet age is apparent. Publishers do not, in fact, protect the currency of published material as well as the original authors do. Publishers operate under a business model where a book is published, and, if fortune smiles upon the work, it may have 2nd or subsequent printings, perhaps a subsequent edition, then possibly a paperback edition but in most cases is remaindered or otherwise forgotten after only a few years. Articles in magazines or journals have an even shorter life span. Of course, publishers believe that electronic editions of magazines and journals (and now books) have the potential for an afterlife of virtual publishing, but only of the costs of acquisition of 'electronic rights' is zero or near to zero. Since the costs of electronic distribution are so low compared to print media, the publishers are in a race to the bottom for the price of such electronic editions. Thus they expect a commensurately low price for the content
Therefore whether in book form, or through electronic editions publishers seek to reduce their acquisition costs.
However all of these commercial motives do not yield potential for currency or creativity. Instead, they yield only stockpiling, a sort of warehousing of knowledge. Worse, there is little incentive on behalf of publishers to keep the stockpile fresh and meaningful. Most will likely languish in some electronic backwater called a server. This is hardly the dynamic creative culture that the Internet promises.
By contrast, however, if authors retained their moral rights and publishers were enjoined from seeking a waiver of same by making moral rights inalienable, it is is likely that authors would keep an active interest in their works' currency and relevancy. This bodes well for a creative and meaningful knowledge economy.
[updated 2009-08-19 16:32]
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19 Aug 16:32
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dendee
Require that ISP's pay a license fee, just like radio and television does. Original authors and creators must be compensated when their products are used online.
[updated 2009-08-18 21:04]
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18 Aug 21:04
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djensen
First, where is this "strong consensus" that Canadians need or want copyright law reformed? I see no citation of sources on that, and plenty of evidence to the contrary.
On the topic: The only changes to copyright law that would best foster innovation and creativity are strengthening and expanding fair use/fair dealing provisions which allow for the creation of/use in derivative works, review/criticism, personal use, etc.
This contradicts the government and industries' intention to do the opposite, making copyrighted works harder to access, illegal to modify or use without permission, impossible to format-shift, etc.
Copyright law in general stands to punish innovators and creators if and when they make use of existing work, no matter what amount. If Canada wants to foster creativity, it must *loosen* the restrictions copyright imposes, not tighten them. If Canada's copyright law is to change to reward innovators, it must put power back in the hands of the end user (individual citizens), not corporations.
[updated 2009-08-18 01:55]
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18 Aug 01:55
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trimoda
There are thousands of songs written everyday for no other reason than the ownership of the hits and other good ones.
That's not good culture.
Music groups have replaced neighborhood baseball teams.
RIAA corporations no longer have anything at all to contribute to music-making other than status-monopoly.
My son and his friends, who are trying to prepare for jobs to help save the world, make recordings in the basement which are as good as most of those protected by RIAA-MPAA.
They mount them on the internet, participate in local events, and welcome a bit of appreciation.
It's a problem that they must write all their own songs for it, because there is no way they can hassle a rendering of something "owned".
Those who think they deserve to make a living by composing songs should try doing something useful.
The fewer impositions on music by copyrights the better.
[updated 2009-08-17 01:02]
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17 Aug 01:02
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jrm
Any anti-circumvention legislation destroys innovation. It makes illegal many possible innovative products and services that haven't even been imagined yet.
[updated 2009-08-15 22:22]
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15 Aug 22:22
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Olduvai_Joe
Copyright, at this moment, is an institution entirely within the hands of corporate entities and needs to be reformed to bring rights back into the hands of creators. To this end, the time period for copyright expiration needs to be lowered, fair use of copywritten materials should be far less restricted and corporate entities should not be allowed to copyright materials.
[updated 2009-08-14 02:04]
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14 Aug 02:04
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robert
Copyright is about two things under Canadian law - money and morality.
If you hold copyright in a work then you expect not only to be compensated for usage of that work, but also have the right to stop anyone from using the work inappropriately, or changing it in any way.
On the other hand, if you would like to use a copyrighted work for your own creative purposes, by sampling music, a photograph, a book etc, then you might say that changes to the law to allow you to do that , presumably for free, would be a good way to 'foster innovation and creativity".
Copyright law is there to protect the rights of the original creator of a work, as it should be, not someone who uses other peoples' work in their own creations.
I think the question is academic, at best
[updated 2009-08-12 14:25]
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12 Aug 14:25
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fingersoup
We need clearer definition of what can and can't be sampled. What constitutes a substantial innovation? What freedoms do people have when creating a work which utilizes someone else's work.
Fair use also becomes a hot topic that needs clearer definition... By allowing unlicensed fair use clauses to exist, and let content creators build off other people's work, we will foster innovation and creativity. Setting clear and strict limits on what constitutes innovation and what is plagiarism (How much was copied verbatim, how much was modified, and how much was new material) in fair use not requiring a license.
by writing these limitations in clear plain language that can be understood by 10 year old children, we would improve Canadians' understanding of the laws, so that we can innovate within the rules and guidelines of the law.
[updated 2009-08-11 19:09]
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11 Aug 19:09
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trevor.brewer
The best changes are those which protect me, the consumer. What I read appears as engineered consumerism at best and... well I'll avoid the privatized Orwellian arguments for others... as a consumer I will not purchase a device which either police or lock me into someone's business model. Protecting consumers with fair-use, open-standards, and interoperability are how you'll foster innovation and creativity because these industries, entertainment & recording industry most notably, are as disposable as the income I spend there. Which is getting scarce.
Has no one noticed amazon and kindle?
[updated 2009-08-11 13:15]
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11 Aug 13:15
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cndcitizen
This is kind of long video from Duke univerity about copyright and sampling in the US and how it has expanded the industry...along with the legal side of it...keep in mind that this is in the US but should be thought about how any restrictions would impact our laws.
http://www.youtube.com/watch?v=W_eULq_aP60#t=2m57s
[updated 2009-08-11 02:48]
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11 Aug 02:48
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FairUseInCanada
Great access to digital media is a great catalyst for innovation and creativity. Recently, I have registered a corporation for personal business, and for our first (zero) year, I decided to fill corporate taxes on my own. When filling out corresponding government forms, I got stuck on a particular section and turned to Google and online searches for some help. A reference came up from a book that is partially available through Google. The reference gave me an answer right away to my question and I finished the tax forms fairly easily. At the same time, I really liked other information available in this book and I added it to my Amazon shopping queue, to order in my next batch. Without access to online media, in this case through Google, I would have spent many more hours filling the forms instead of working on my business and creation of IP, and I would have never found out how useful this tax book was to my purpose.
However, I am afraid that such "easy access" scenarios will be disabled if special-interest groups get their way through this copyright reform, thereby hindering the speed of doing business.
[updated 2009-08-10 23:02]
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baytext
As a "content provider" for articles and books, I feel that my efforts should be rewarded whenever they are used. My fees for articles are built into the cost of magazines and payment for books I write comes from sales of those books and public lending rights. Without such reward, I would not generate the "content" unless I made the personal decision so to do. Once published, whether or not a fee has been paid, my writing remains mine — except when I deliberately transfer those rights such as "work for hire" and in which case, my fee arrangement changes.
It is crucial that copyright protection for my writing remains in place so that I may continue to benefit from my labours.
[updated 2009-08-04 20:30]
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04 Aug 20:30
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rakey2_anotherlawyer
Allow us to tinker with our products... Imagine if our cars could be locked down the way DRM locks down songs/books. You couldn't change your oil/tires/stereo in your home garage and we'd all be suject to the whims of the "authorized repairman" where monopoly would drive up the price, reduce competition and reduce the quality of service.
Without the ability to tinker, we would not be able to learn and develop mechanical/artistic skill that could be nurtured and blossom into tomorrow's innovators that create the next generation of cars / tires / air filters / batteries / stereos, etc...
We need to have the right to break a digital lock for personal use, so that if my car does have a "proprietary DRM bolt" on the tires, I can "hack it" so I can change my own tires".
If my winshield wiper has a "DRM lock" to prevent me from changing it I should have the right to break the lock and change the wiper without requiring Ford's permission.
I'm not suggesting I should be allowed to copy the schematic and make my own identical car and sell it as my own, but for personal use we as a society need to protect fair use so that future generations can tinker and innovate!
[updated 2009-08-04 18:45]
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04 Aug 18:45
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ggeczy
Most definitions of "innovation" involve building upon prior elements of culture, technology and society - to that extent, innovation and copyright are often at odds.
New copyright restrictions do little to "encourage innovation" in IP creators - instead proposed rules seem to be aimed at increasing the long-term exploitability of IP with usually very little additional benefit to the original creator. New Copyright legislation should focus on the creators and consumers, and not the media conglomerates looking to "monetize" the access to culture and public knowledge.
Some areas need improvement, in particular protection against counterfeiting and other for-profit infringements, but attacks of large media groups against individual consumers and creators should not be the guiding principle of copyright reform.
[updated 2009-08-04 17:04]
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04 Aug 17:04
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focal
Firstly, let's encourage an honest discussion by calling the law with a more honest name. It should be called "Intellectual Monopoly" laws and not "Intellectual Property". Everybody agrees that we should have rights to tangible property, so calling the law a "property right" precludes the outcome of the discussion!
It is like when political factions call themselves "pro-life". Who would say he is not in favor of "life"? Everybody is in favor of "life" but that doesn't mean you agree with the political faction. Similarly, everybody is in favor of property rights, but copyright is something different.
The question is if a monopoly of intellectual products (art works, inventions, etc) is beneficial to society as a whole by striking the right balance between encouraging the intellectual production and publication from one side and allowing the society to benefit from it.
I don't have a final answer, but here is one of the very few honest fact-based analysis of the question (posed it the right way):
http://www.dklevine.com/general/intellectual/against.htm
[updated 2009-08-01 23:49]
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01 Aug 23:49
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johnmiller
The Copyright isn´t the only way to manage the Intellectual Property. It is the Copyleft and example of it the Creative Commons licenses. More information:
Copyleft: http://translate.google.es/translate?u=http%3A%2F%2Fcopyleftlicencias.blogspot.com%2F&sl=es&tl=en&hl=es&ie=UTF-8
Creative Commons: www.creativecommons.org
[updated 2009-08-01 13:43]
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01 Aug 13:43
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VancouverDave
There's no reason why music or literature should be treated any differently from a vacuum cleaner or a pharmaceutical (except, of course, for the graft paid by industry associations for this special treatment).
What would be the objection to eliminating copyright as a separate entity and simply issuing a patent on publishable material with the same 17-year lifespan of exclusivity?
After all, a great deal more effort and expense generally goes into the production of a new physical product, so why is the system geared toward greater reward for less-expensive production?
Is there a real, justifiable reason for copyright lasting longer than a patent?
[updated 2009-07-31 00:47]
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31 Jul 00:47
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Cartoonist
Please excuse me as I may not be fully acquainted with copyright laws.
If I were to request one change it would be a clause to prevent businesses from exploiting creators. I may need to clarify what I mean by exploit:
example 1) Some businesses, rather than hiring/contracting an artist for artwork/music/photography/etc., hold a contest for a desired creation where they offer a prize (sometimes a mystery prize) and fame. A number of creators (sometimes young creators or older creators who are down on their luck and figure they have nothing to lose) put a lot of time and effort into their entry and are not compensated fairly for their work. Only one person wins the prize (the prize may or may not be worth the effort).
example 2) Joe Shuster (Canadian) and Jerry Siegel created Superman and sold a 13-page story and all rights to the character to DC comics for $130. "Shuster was involved in a number of legal battles concerning the ownership of the Superman character, eventually gaining recognition for his part in its creation." clipped from Wikipedia's article on Joe Shuster.
Superman is a world-recognized character and has made the publishers a hand-full of money (possibly more).
If copyright is in place to protect the creators (and not record labels/publishers/businesses that hire creators), then there may be an opportunity to set something in place to prevent certain profiteering.
If a law was set in place to stop particular contests or ensure that creators are paid royalties if profits exceeds a certain amount, artists could feel comfortable in being innovative and creative in Canada without the fear of being used/exploited by employers.
I know that royalties are usually negotiated in the contract but not all contracts include royalties "in case of wealth and fame." I'm not saying that publishers/music labels/movie studios don't deserve to make money... just that if they make a lot of money, the creator is ensured a slice of the pie.
[updated 2009-07-30 21:58]
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vancoUVer Records
We are so glad that we can be our own in the industry without the monopolizing middle things . We are able to do our own business without having to be apart of the mess because we know what team we are on.
Thanks to our government for what they have done with the society of composers, authors, & music publishers of Canada .
Get to know who is on your team folks,copyrights is too big .find what is for you in it.focus on that.
[updated 2009-07-30 16:52]
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sbaldwin
Thoughts on Copyright:
Telling stories is one of the few things a computer cannot do. Ask it to write you a novel or a magazine article or a short story -- it can't. That still takes human labour, human experience.
It took years of reading, false starts and rejection to train myself to write. Now I spend 4-5 years on each novel. I read for research, invest my own money for travel and interviews. I "represent Canada" at every reading. There are easier ways to make a living.
Zero-valuations, for instance of domestic labor, send the message that people don't value the activity. When you demand products for free, you are also requesting low product quality and a fall in supply.
Microsoft would never have fueled a world economy if Gates had not owned the words in his programs.
So I urge the Canadian government to make copyright provisions stronger. If the law says Canadian writers must be paid for work done or reused by print and online publishers, the publishers will seek technical solutions to do so, and companies like Microsoft will gladly supply them.
Shauna Singh Baldwin
www.ShaunaSinghBaldwin.com
[updated 2009-07-30 10:37]
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Mr. Neopolitan
Recent events in the news concern me regarding the limitations companies can put on the use of electronic devices.
With Amazons Kindle, first there was the deletion of purchased e-books (sale was complete even if it shouldn't have occured, no take-backs allowed). Second, there is the news that the Kindle has the ability to read aloud its e-books, but that it's being disabled because it impacts sales of audiobooks. That's just a built in format shift, and I think it's criminal that they would restrict the method by which one enjoys their purchased product. I would hope that in Canada format shifts would be allowed and the laws would be used to prop up a business model that allows the same content to be sold more than once depending on the format one prefers.
The article for this story is found at 'http://www.thestar.com/sciencetech/article/672156'
Next, is the suppression of new telephone business models. I've heard that both Skype and Google voice, programs that provide a cheaper alternative to regular phone numbers/telephone bills are being repressed on cellphones. Most of the stories focus on the iPhone, and how they limit the sale of applications for their device. Those seem to be protectionist corporate policies that stifle innovation.
New companies are offering a cheaper alternative with similar functionality, but nope, can't use them cause less money would be made by other existing companies.
In both these cases, it seems there should be limits on what rules a company can enforce on technological products. If new applications that work on the product are developed that work just fine and offer cheaper alternatives to the consumer, they should be allowed.
[updated 2009-07-29 12:34]
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karencollins
I'd like to see every internet user pay a blanket fee that gets distributed based on what gets downloaded. I'd pay a few hundred bucks a year to be able to download at will. SOCAN and such already track usage of music--it is not hard to track what is being downloaded. Everybody could even have software installed that reports what gets downloaded, then rights holders could be paid based on what is actually being consumed from out of the blanket fee.
I'm a copyright holder, and I've seen my work on bit torrent sites. I don't have a problem with my work being shared, but knowing that I'm getting a royalty for that would be even better.
[updated 2009-07-28 19:36]
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Judy Waytiuk
Want innovation and creativity? Then revise copyright law to make it impossible for large multi-media platform systems (like Canwest, Rogers, etc) to impose all-rights, work-for-hire contracts on writers and to at the same time retain their right to re-sell the writer's work over and over ad infinitum, ad nauseum.
Just read Canwest's appalling contract, which grabs all reproduction rights (including moral rights-- I thought that was illegal???) in all existing media and media yet to be invented/discovered.
You cannot possibly regulate the amount of money writers will be paid for their work, but you should be able to control the rights a company can take for whatever money's paid.
Writers are like anyone else: we make a living-- or try to-- at what we do.
Factor average Canadian per-word payment rates for all-rights contracts into hourly rates and you don't even get burger-flipping wages-- and this, for keeping alive key aspects of Canadian culture and social geography.
Kill the Canadian writer by starving us out of the field, and you'll get mass-audience American infotainment pap filling every purported Canadian publication.
Or you will get sophomoric drivel from hobbyists and poseurs...hardly the best of what this nation could achieve culturally or creatively.
Is it too much to ask to be able to retain our rights to re-sell our own material (and that right will not be handed back to us, having been grabbed by the media conglomerates, unless they are forced to do so by law)?
Is it too much to ask to be able to pay our grocery bills and to keep roofs over our heads?
[updated 2009-07-28 17:48]
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J_kang
great for the government to give us a venue to discuss, but will this actually be read. They invite corporations to the meetings, all who are in favor of tough copyright and crackdown from what i have read so far.
i do agree with comments below that we have thousands of you tubers and creative artists who show innovation on the net everyday.
[updated 2009-07-28 16:06]
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Alexandre Enkerli
Provide incentives for citizens, as creators, to maintain their rights on their works instead of passing them on to commercial publishers and other third-party "copyright holders."
[updated 2009-07-28 13:34]
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paradox
To best foster innovation and creativity in Canada, you have to do the opposite of everything proposed in the C-61 bill. Industry does not want copyright laws to help promote innovation. They want to promote the status quo.
Ask yourself these questions:
Why can't you copy a movie to your computer through a program like itunes, just like you can with a CD? Is it a crime to desire to have your movie library on your laptop so it is available wherever you go?
Is it fair to place copy protection on a blu-ray and then charge for a "digital copy" that you could have made on your own easily if it wasn't for the copy protection?
Why can you not use your own legally purchased mp3 (ie., from a CD or itunes) as a ringtone on many phones? Is that a fair practice to try to force you to buy ringtones from the service provider at the cost of $3 for a 20 second clip.
Why do you have to buy a new phone when you switch cell service providers? How is the loacking of phones fair practice, even if you purchased your phone without a contract?
Isn't it a violation of privacy for a game to install a program that always runs in the background reporting back to the manufacturer that can't be removed without a re-format before you accept the license agreement?
At this time industry appears to be free to do anything they want, as long as it is done under the guise of protecting their copyright. They are using them for anticompetitve means, and giving them more rights will only make it worse.
Why?
Record labels are finding themselves less and less relevant. Digital distribution and cheap recording software makes them less of an asset than they once were. They don't want to refine their practices to meet the new age, they would rather resist the change through any means possible.
Cable providers are looking at a potential huge drop in revenue as online video grows in popularity. If something really innovative came out that made online video better than cable, they would be in trouble. So naturally their stance would be to delay this change as long as possible, although they should be figuring out how to profit from this change.
Copyright law needs to be refined to prevent abuse from industry, which at many times is trying to stiffle innovation and progress.
We are shifting from traditional means of distribution to all digital, and industry is resisting it. We didn't compensate wagon manufacturers when cars came out. They had to innovate or be left behind. That is what these companies have to do now. Don't give them the tools to stifle innovation.
[updated 2009-07-27 12:44]
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ael
The answer to this is very clear.
No Candadian copyright laws whatsoever.
Copyright is a government granted monopoly.
Innovation and creativity is done by "standing on the shoulders of giants".
If Canadians can use all ideas unencumbered by a government monopoly while the rest of the world shackles itself, we will have a tremendous advantage.
[updated 2009-07-27 12:00]
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RobK
Copyright protection developed in a time and for reasons similar to Patents for Inventors. The principle is sound - society offers protection to individuals for their creativity. However, over time, the two have differed.
A patent is given and provides protection for a specific length of time. So the implicit contract with inventors is: society will provde protection (through the courts) for your creativity, but in return, at the end of the protection period, your invention is offered to all for the common good.
So why can not copyright work the same way? When an artist develops a work, from the moment it is published, released, broadcast, etc., it is protected for a given length of time. At the end of the protection period, the work enters the public domain - like patents.
The current copyright laws seem to be such that works will never enter the public domain. Where is the consideration offered by the artists for the implicit contract? Society will protect an artist, but shouldn't society receive some benefit (like patents) within a reasonable amount of time?
So my basic question for a new Canadian Copyright law - Why should an artist recieve lifelong (plus) protection for creating a song? Are aretists any better or is their work more important than a scientist that creates a cure, an engineer who creates a device or a programmer that creates a solution who only receive society's protection for a set duration?
[updated 2009-07-26 11:46]
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meikipp
Educational exemptions for students and teachers should be strengthened and should continue past the end of a course. Both groups should be able to keep a copy of the materials they used in the course for future reference and to spark future innovation and creativity. The fact that the material may be digital should not affect this at all.
[updated 2009-07-25 14:56]
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jpotvin
The term “computer program” should always replace “technological measure”, “digital technology” and “technology, device or component” cryptic wording.
[updated 2009-07-25 08:39]
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meikipp
Devices and software for overriding digital locks should never be illegal, only using these tools for commercial piracy should be illegal.
[updated 2009-07-24 20:20]
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scourdx
The simplest form of copyright is not have it at all. We should learn to share and contribute to society as whole. Why keep the information for yourself? For profit and self ego?
Most of copyright issue has to do with who own what and who gets the money. If all else failed, the legal system has to sort out the mess. Not only it takes everyone's time and resource to argue and counter argue, our society is not progressing as we should. We should eliminate copyright. It holds no purpose except for people who wants to make profit.
Heck if you look at all the open source project out there, there are people who are willing to share their knowledge with others. This is what we should be moving forward as a society. Stop with the old non-sense who owns what and how much profit to be made. These are capitalist dream and it doesn't work for everyone.
Only 3% of the world are own by rich which hold 99% of the copyright content. What happen to the rest of the middle and poor? We got nothing except continuing to pay for the rich. If you ask me, why should I continue paying for something which I don't own.
[updated 2009-07-24 17:10]
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ruthcc
Take, for example, Hulu. The profit made on advertising from this site goes to the copyright holders. Before YouTube, however, such a project would never have been conceived. Youtube would never have become the powerhouse that it has - and made streaming video commonplace - if it weren't for illegal copies of music videos, movies, trailers, music remixes, video remixes, fanvideos, videos of some guy playing his guitar, on and on. In short, businesses wouldn't be making money off Hulu if it weren't for copyright infringement. This just signals to me that a new system of copyright needs to be developed where the onus for receiving compensation is on the copyright holders. Nobody who wants to post a video of their baby with Lady GaGa in the background is going to take the time to call up Universal Music for permission and then pay upwards of a few thousand dollars, and they shouldn't be expected to.
When a professional filmmaker made a beautiful animated musical called Sita Sings the Blues using recordings of Annette Hanshaw she wasn't able to get distribution for the film because the copyright holders refused to let her use the music, which is crucial to the film. This is a fabulous case study of where copyright has gone wrong. The story she was telling from the Ramayana was a part of her cultural heritage and entirely in the public domain. The music was equally a part of her cultural heritage, but was not available to be used. Hanshaw was popular in the 1920s for heaven's sake, that almost 90 YEARS later her estate holders can still refuse to give access to her work is ridiculous.
The point of copyright, the reason why not everything goes immediately into the public domain, is that people who create need to be protected. Yet how many dollars of copyright infringement settlements go the artists who were infringed upon? And are not the people who remix creators as well? After all, when you write a poem all you're doing is remixing words that someone else has already created and used. Internet-savvy artists know how to market their products to make a profit even knowing that copying is going on. In fact, many have said that free copies of their work floating around have increased sales. So it isn't a matter of the internet being inherantly bad for, say, books, but rather how corporations utilize the medium.
Thus, if it were legal for any book owner to scan a copy of a book they paid for and share it with their friends, someone will invent a way to share books more easily, then people would want to be able to turn scanned files into real text, and so on and so on. Innovation doesn't happen unless there's freedom to try new things and build on old ideas.
[updated 2009-07-24 14:11]
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peterbradley
I think one idea is to allow the *original* creator of the work to hold onto the rights for their entire lives (i.e. until death). However, if it is ever sold or transferred (i.e. to their kids or record label) then it should become public after only 5 or 10 years. Just an idea.
[updated 2009-07-24 12:37]
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ReGenesis
Some comments have brought up good points around legal tactics from large corporations. As it is much easier to "give in" then fight the corporations when there is a disagreement.
When the average person does not have the time or money to fight, there needs to be Government oversight to prevent large companies from taking advantage of individuals.
We have all heard the nightmares in the US, where people are effectively extorted into paying $3000 or face pressing charges and he risk of fines in the hundreds of thousands of dollars, plus legal fees - We need to prevent this practice from starting in Canada.
A simple thought would be, unless there is intent to make money off of copyright violations, all claims of infringement need to be made at Small Claims court to give individuals a fair chance to defend themselves.
[updated 2009-07-23 23:50]
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Alberta AVP
Digital locks can prevent researchers from exercising their fair dealing rights. Any new legislation should not make it a penalty for researchers who break locks in order to exercise their fair dealing righs. For example, for the past three years, faculty at our university, with the aid of federal funding, have been investigating the use of mobile devices for learning. In order to do so, they have had to unlock mobile phones to test them in multiple environments and use them with different telephone companies and with assorted applications.
The iPhone was not available in Canada for 18 months after it was made available in the United States. We were able to circumvent this under present legislation. Even now, legitimate Canadian iPhone owners cannot download many applications that are reserved for Americans, without circumventing technological measures.. For example, the Voice over IP application for Internet telephony SKYPE is not being made available in Canada. We are able to circumvent this using our fair dealing for research rights..With Bill C-61’s anti-circumvention clause, researchers would not have been able to legally conduct these investigations in the future. They will be at a disadvantage in keeping up with research using new technologies. The Americans can guarantee their researchers a permanent lead in selected technological developments, simply by applying digital locks.
[updated 2009-07-23 18:14]
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DarkDigitalDream
Culture is not only something we have, but it is something we create, share, and celebrate every single day. It is the cumulative collection of what we as a society are.
Copyright law as it stands only serves to stifle innovation by locking our own culture behind a large pay booth. I propose that copying media for non-commercial use be a completely legitimate move. Just think of the limitations people run into every day:
An aspiring digital artist wants to tinker with some new techniques, but cannot dish out $700 bucks for the latest edition of Photoshop or 3D Studio Max.
A high school student learning to program becomes frustrated after trying to find a usable replacement for the overly-expensive Microsoft Visual Studio.
These are all non-commercial uses, and even more stunningly for the purpose of education. If either of these people want to become professionals in their fields, they have to be well-versed with these programs before they get there to have a competitive edge. Should we really tell them they can’t practice with this software in their own home?
I am a musician. I play music because I love to play music, not because I want to make a buck. I think any artist with any love for their art feels the same way. If that artist is truly great, they will make their living with tours and merchandise, just as they always have before. If they can’t manage to do this, maybe they should do what I do: make music for the love of it as a personal hobby and don’t quit your day job.
I’m sick of seeing multi-million dollar ‘musicians’ strum a few chords into a recorder and whine because the next million came slower than the last. I’m also sick of hearing about the record labels rip off the artists and sue the people in one big temper-tantrum because their business model is dead. Yes, I said it. Dead.
[updated 2009-07-23 08:54]
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WesPeacock
Let's look at first principles here. A copyright is a government granted monopoly to the use of an expression of an idea.
The grant of a monopoly can be useful to encourage the producer/purveyor of something. It is however, dangerous and its use must be limited with a constant eye to the public good.
Another thing to note is that, for the most part, the commercial life of copyrighted material is far shorter than the protection.
For example, consider songs, science textbooks or photographs produced in the 1960's by someone who dies this decade. The vast majority them have no commercial value these days. They are valueless, but will be unavailable for public use, modification and enhancement for another forty or fifty years. The technical means for preserving them for the future exists, but they will be lost because they receive monopolistic protection.
Isaac Newton said "If I have seen a little further it is by standing on the shoulders of Giants." These days, powerful interest groups have long since Teflon(TM) coated the shoulders and backs of giants and are trying to put on slippery kneepads and grease the tops of their shoes.
Copyrights should be of relatively short duration. If they are renewable, it should not be automatic.
[updated 2009-07-22 23:49]
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cagolatru
"Nearly any creative work can be shown to be built upon the works of those who came before.
"?People still want to create the way they always have, but the industry of the last century, that has relied on copyright law to make its product seem different and 'original' freaks out about this ongoing content creation
"... people recognize that all works are created based on the works of others, and it's inherently silly to try"
Taken from "The Myth Of Original Creators," http://www.techdirt.com/articles/20090629/0230145396.shtml
[updated 2009-07-22 21:44]
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NathanielS
Copyright laws that make it illegal -- or even difficult -- to format-shift, or to break DRM will result in customer lock-in to one company's data formats or playback devices. This is a detriment to a free, competitive market. To allow competition to thrive, customers need to be able to switch from one provider of goods or services to another without fear of criminal or civil prosecution. If users are afraid they will be unable to format-shift their content in the future, they will be less likely to buy content now.
[updated 2009-07-22 17:47]
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copyright46
something that should be looked at is copyright that extends past someones death. these 50 -100 year + copyrights that happen in places are crazy
it should be like 10 years max
i mean how many people work and then get paid for the same work for 10 years thats not right.
so a much shorter cap should be in place on copyrighted work
also assuming that people can be fine for non commercial use of copyrighted works then there needs to be some fairuse type clause
and companys that say something isnt fair use and want it taken down should be HEAVYLY FINED if the demand something taken down that is fair use
if fairuse can be rendered invalid by companies casting a wide net then there is a problem
however i feel that violation of copyright shouldnt be possible in a non commercial use.
[updated 2009-07-22 14:44]
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JeffM
Get rid of copyrights on personal and educational use and allow people to modify content that's protected by DRM.
[updated 2009-07-22 11:36]
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dlitz
"Digital locks" sometimes simply exploit the technical limitations of contemporary recording/playback devices. Today's technology can often make yesterday's digital locks ineffective merely as a side effect, much like improved resolution in digital scanners and colour printers have rendered some anti-counterfeiting measures ineffective.
Imprudent legislation could easily chill Canadian innovation and creativity in the technology space if prohibitions against making, selling, and using devices that circumvent "digital locks" are not tied directly to the use of those devices for infringing purposes.
[updated 2009-07-21 22:18]
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dbrett
I love this quote by a pair of economists about the problem of free digital goods:
"...charging price equal to marginal cost ($0.0) almost surely leaves the producer bankrupt, with little incentive to maintain the product except the hope of maintenance fees, and no incentive whatsoever to make another one except for that warm fuzzy feeling one gets from impoverishing oneself for the general good.”
Bradford de Long and A. Michael Froomkin in their article “The Next Economy?"
Many erroneously assume the free distribution afforded by the Internet is incentive enough to drive creativity and innovation. This view is quaint, but in very unenlightened.
For a primer, I encourage people to read Information Rules by legendary economist Hal Varian and Daniel Shapiro. It is a great review of the economics of digital goods.
Lawmakers need to extend copyright protection further, not give in to rollback pressures. The Internet certainly lowers barriers to entry for creators of works, but it does nothing to foster quality or innovation.
The distinction between amateur and professional musicians, for example, has been useful over the decades. Without payment for works, all will be amateurs.
That can't be good.
David H. Brett
[updated 2009-07-21 22:05]
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mlines
Reduction of copyright term to the 25-year range. Elimination of Crown Copyright. Resistance to prohibitions on reverse engineering, to media industry-influenced technical specifications in electronic devices, to a regime where a notice of infringement can suppress speech without verification of infringement.
[updated 2009-07-21 18:56]
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crade
Legal bans should be on use, not on invention.
We need to be sure to avoid setting legal limitations on creating copyright protection circumvention devices. This is important on multiple fronts.
The new devices themselves are of course innovative. They also encourage creating better copy protection. Innovations in both these areas of technology have been a driving force in recent history for technological advancement. Also, this little battle is educating people and encouraging our next generation of software developers.
Lastly, as laws across nations vary, and companies are not careful about ensuring users rights are protected, copy protection mechanisms may need to be overcome simply to ensure the comsumers are able to exercise the rights provided to them by the law.
[updated 2009-07-21 14:40]
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P_M
What sorts of copyright changes do you believe would best foster innovation and creativity in Canada?
Strong copyright protection that enables creators to benefit financially from their works. Writers, artists, and software designers can already give away their works if they want to, and can create open source projects if they want. Consumers have no "right" whatsoever to the creators' intellectual property, any more than than they have a right to anything else that someone makes and sells. If someone spends several years writing a book, or making an album, or creating a game, they have a right to the long term exploitation of that creation in any way they choose, to support themselves during their lifetime, into their retirement, and to provide for their family after they're gone.
[updated 2009-07-21 13:11]
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intrinsic808
No copyright changes are needed to foster innovation and creativity in Canada. We already have the perfect medium to inspire many generations to come - the internet. Making file sharing illegal will only serve to suffocate this creativity (and of course line the pockets of record company executives).
And exactly what do you mean by "there is a strong consensus in Canada that our copyright framework needs to be updated?" Are there statistics to prove this? If you read the comments on "Copyright forums begin in Vancouver" (CBC, 20 Jul 09), it seems Canadians are OVERWHELMINGLY in favour of leaving things as they are.
I think the real problem here is how you phrase this question. It should read "How should we foster innovation and creativity in Canada in the information age?"
[updated 2009-07-21 11:54]
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Chris
This is THE MOST IMPORTANT issue we need to address. 1000 new songs are published on the internet every second. In 10 years EVERY music arrangement and composition will have been done and therefore copyrighted (ex. think of your simple guiter riff). Future Canadian innovation is doomed with the present laws. In 10 years our children will STOP creating music because of the fear being sued if they published it on the net.
I bet you never thought about that?
Patents expire to foster innovation .
Guiter riffs need to expire to foster innovation. A guiter riff cannot be copyrighted for 150 years??
You are putting the Canadian culture in jeopardy.
[updated 2009-07-21 08:05]
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Kevin
Another slanted question that tries to imply that copyright laws somehow drive innovation and creativity when this is not true at all. So I guess in that context no changes are best.
[updated 2009-07-20 23:47]
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cndcitizen
TPB - Not The Pirate Bay but Trailer Park Boys...that show was a complete sucess because of P2P and word of mouth. I am Canadian and a friend from Texas actually told me about the show after season 2 started. Showtime was a no-name cable channel that was more then likely not that watched....but I don't know because before TPB I never heard of it even though I paid for it on my TV.
My friend told me how to download season one of the show and after that I told at least 20 people about the show...
Now they sell our every venu they have...it is a great win for small budget productions with non-MPAA type content that strikes a cord with audiences....
If we have draconian controls on creation and distribusion then you won't see another show like this....good shows are spread mouth to mouth...network shows are advertised.
[updated 2009-07-20 23:04]
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Mr. Neopolitan
When you speak of fostering innovation and creativity in Canada, I can't help but think of current patent laws. If you invent something, you have the right to make use of it to the best of your ability, and to be given credit and compensation when others use your invention. After all, inventors put a lot of time and energy into making useful discoveries.
However, as I understand it, patents in Canada last somewhere along the lines of 20 years (maybe less). I take it that this is to foster innovation, to ensure that inventors don't rest on their laurels and strive to come up with something bigger and better.
So, why do copyright laws allow for the ownership of works for a persons lifetime, plus another 50 years? Working in the science, I can't help but think I'm getting the short end of the stick. Someone writes a piece of music, and can make money off of it for their entire life, and then pass it on to their children. But someone who discovers a cancer treatment has only twenty years to go through the hoops of human trials, mass production, and marketing to get their druthers?
I'm not arguing for an extension to patent lives. After all, I do believe they foster innovation, and inventions that withstand the test of time also become available for public use within an acceptable timeframe, to foster further innovation without paying fees.
What I'm arguing for is a reduction in the life of copyrights. Let books, repositories of information and ideas, become free to the public at an earlier date. Music and movies too. In many cases these items are sold only for a few years anyway. At least let them out into the public sooner so that these creative works can inspire a wider audience, inspire them to innovate and create in science, technology, and art.
[updated 2009-07-20 21:40]
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20 Jul 21:40
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Jimmy
What sort of copyright changes do you believe would best foster innovation and creativity in Canada?
I'd like to answer this in the converse. What types of changes do I believe would mostly HINDER innovation and creativity in Canada. I believe one of the WORST aspects of the previous legislation that was proposed, was that it would have effectively applied the draconian DMCA-like "anti-circumvention" rules to all products.
I truly believe that our politicians and the civil servants that assist them in drafting legislation truly do not understand the full implications of such a clause. Preventing consumers and businesses from modifying the electronic devices they purchase (under the guise of copyright protection) effectively eliminates the ability for entrepreneurs and inventors to innovate and develop new and novel uses for that technology; it effectively grants a monopoly on innovation to current incumbents who produce that technology, and allows incumbents to completely determine how any such technology will be used. Furthermore, philosophically, I find it surprising that any Canadian would approve of such a measure that would deny them the ability to use any property that they have purchased and own as they see fit. Would the government ever pass a law that states that one cannot modify their car to make it faster or more efficient than what the manufacturer sold them, for that would be harmful for Toyota? Would they mandate that it is illegal for me to change my car so it can use Ford break pads instead of Honda break pads? Should Rexall drug stores need approval from Gillette to sell replacement generic unbranded Razor Blades that will fit Gillette products, even if they do not infringe on any brand names in their marketing, or any intellectual property in their manufacturing? Of course not? Then I ask why is this okay on anything digital? Why should it be illegal if an innovative company wishes to take a cellphone for example, and turn it into a mini-computer by installing it's own software on it, if in the process they do not steal or incorporate any of the cellphone manufactures intellectual property into their own software? It seems the answer to this question is because of the very incorrect assumption that many make, that anytime a consumer makes a modification to a digital device, they are doing so in order to circumvent copyright. This is a very flawed assumption, which is why the previous draft bill was seriously flawed legislation.
For example, when consumers unlock iPhones, are they doing so only to steal intellectual property, or perhaps could they be doing so, so that they can install and run the hundreds of legal, open source applications that have been developed by programmers, but which have been disallowed by Apple because it does not fit their business model?
When researchers from the University of California broke the digital locks on the original XBox to install Linux on it, link 100's of them together, and turn what most people saw only as a gaming system into a powerful grid computing platform to help them in scientific research, were they committing a nefarious act that should lead to lawsuits or jail time, or simply being extremely creative, and finding a novel and innovative use for a technology that the original manufacturer either didn't think of or didn't bother marketing? Should these researchers be praised for their creativity, or punished for daring to break "digital locks" on the products they legally purchased?
When a talented developer finds a massive security hole in a popular operating system that will take the manufacturer a week to correct, should it be illegal for that developer to himself quickly develop a fix and sell it to customers to protect their businesses (in effect, modifying software in an "unapproved" manner)?
To me, that is what this debate is all about. I feel that industry groups have managed to use copyright, and turn it into a trojan horse to push through laws that would effectively entrench them in their positions. This is bad for innovation, bad for the economy, and bad for Canada.
[updated 2009-07-20 19:32]
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20 Jul 19:32
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randy
What sorts of copyright changes do you believe would best foster innovation and creativity in Canada?
Legalize downloading, track the downloaded songs then distribute cash to those artists. This would ensure that the most downloaded artists recieve some $ from ISP subscribers.
The framework the government seems to be supporting is one where anyone with a computer virus could be framed and sued for downloading a single song but at least those doing all the lawsuits would be collecting settlements from those who don't know any better or can't afford to fight a company in court.
[updated 2009-07-20 17:32]
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sjbrown
"...while there is a strong consensus in Canada that our copyright framework needs to be updated"
I dispute this. What are you basing this on?
[updated 2009-07-20 16:44]
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cndcitizen
I would point out that the the statement "But while there is a strong consensus in Canada that our copyright framework needs to be updated" is not valid.
Old business models and associations that profit from others work for ever are unsustainable business models and pushing for copyright reform as they did in the US to draconian rules.
Canada's copyright should be simple so everyone quickly understands it and limited to comercial use for 2-5 years period, educators and private use should be exempt. 50 years after the death of the author is crazy and should be shortened.
We currently pay a social tax on private use of copyright works and I am happy to continue to pay that for DRM-free or restriction free personal use of products I purchase for ever.
[updated 2009-07-20 15:26]
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20 Jul 15:26
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