Oct. 22, 2008 - Issue #679: Good Enough After All
Dr Michael Geist: Why Copyright? The Fight for Canada’s Digital Future
Copyfight 2.0
Late last year, rumours began to swirl that federal Minister of Industry Jim Prentice was about to introduce legislation to make sweeping changes to Canada’s copyright laws.
In response, University of Ottawa law professor Michael Geist created a Facebook group to provide a forum for discussion on the expected bill. The reaction was incredible. In less than a week the group had grown to more than 10 000 members, and within a month to 35 000. Fair Copyright for Canada chapters began appearing in cities across Canada, many holding demonstrations at the offices of their local MPs.
The outcry forced the government to delay the bill’s introduction by six months. When it finally appeared on June 12 in the form of Bill C-61, the changes confirmed the worst fears of many, drawing comparisons to the restrictive copyright legislation south of the border, the Digital Millennium Copyright Act (DMCA).
“If enacted, the Canadian DMCA will leave Canada with one of the most restrictive copyright laws for the digital environment in the world,” Geist wrote when C-61 was introduced. “Far from providing assistance to the digital marketplace, this law will have a stifling effect on creativity, innovation, consumer rights and free speech in Canada.”
The September 7 election call meant Bill C-61 died on the order paper, but with the Conservatives winning a second minority government last week, Geist warns that similar legislation will no doubt be introduced when Parliament resumes.
“It seems likely that we’re going to see the same bill all over again. Now, when that will happen, I think, for many people is the big question right now,” Geist says over the phone from Ottawa. “If we get the same industry minister then I think it’s entirely possible that we’ll see it very quickly. If not—and there’s some speculation both ways—then I think it’s within the realm of possibility that it will take a bit longer for a bill, and perhaps the government will respond to much of the criticism that we’ve seen over the last number of months and make some changes to the bill to reflect the concerns of many Canadians.”
Those changes, argues Geist, should start with loosening the bill’s tight anti-circumvention rules, which would make it illegal for consumers to try to get around “digital locks” that control how they can use products they’ve bought, and which override many of the positive aspects of the bill.
Despite the Conservative win and their platform’s pledge to reintroduce the legislation, Geist is buoyed by the the organized reaction to Harper’s cuts to arts and culture funding and the potential influence groups like Fair Copyright for Canada—which now boasts over 92 000 members—can have.
“I think it highlights the fact that governments underestimate these kinds of issues at their peril,” he says. “It’s clear that the public is very engaged, whether we’re talking about culture, copyright, I think it’s largely within the same basket, and the Internet has really empowered people to speak out and become engaged as never before.”
Geist adds that during the recent campaign 34 MPs who went on to win on October 14 signed his three-point pledge committing to a more balanced approach to copyright reform, creating a group in the House of Commons willing to speak out on any new legislation. While no Conservatives signed the pledge, he doesn’t think that means there is unanimity on the issue.
“I think privately there were many Conservatives who were somewhat troubled by what C-61 was doing. I think they were taken by surprise to the extent to how far-reaching it was on the personal property of individuals and perhaps that party process will play itself out with some change.”
While Geist recognizes that the current economic turmoil has become the number one issue for Canadians, he argues that a balanced approach to intellectual property and how we are able to use technology can play an important role in weathering the current storm.
“The average family is trying to educate their kids for success in the future. The average family is still involved in various forms of entertainment, in communications, in culture. Something like C-61 has a direct impact on how we educate our kids, how we can enjoy and create,” he argues. “We’re at a time of economic turmoil to be sure, but we’re also at a time when Canadians have the ability to speak out and participate and actually find new innovation and new markets as never before. So setting up a legal framework that helps facilitate that, rather than impede it, becomes particularly important at a time of economic trouble.” V
Fri, Oct 24 (1 pm - 3 pm)
Dr Michael Geist: Why Copyright? The Fight for Canada’s Digital Future
Stollery Executive Development Centre, 5th fl, Business Building, U of A Campus
Free, register at www.library.ualberta.ca
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