In the digital age, even the most savvy are having a tough time keeping current so as to avoid copyright infringement. Others simply assume, incorrectly, that anything you find on the Internet is free for the taking. And the line between what is protected and what is free isn’t always clear.
Even when it is clear, good luck trying to monitor illegal uses of your copyrighted material on the Internet. Electronic copyrighted information is easy to manipulate, reproduce and distribute. And the responsibility for policing copyrights lies with the producer of the copyrighted material.
Stephen Stohn, a founding partner of Stohn Hay Cafazzo Dembroski Richmond LLP, an entertainment-law firm based in Toronto, said, “Canada has remained out of step of a lot of advances in copyright law for the past few years and in some crucial areas really has lagged behind the rest of the world.”
Strohn and his colleagues have been working towards getting the copyright laws reformed in Canada. “But it’s just been a very slow and sometimes frustrating purpose,” said Stohn in a 2006 Artistshouse MUSIC online video. “The Canadian copyright law really started in the early 1900’s and has not been worked on very much since then.”
In April, the United States placed Canada on an international watch list of the worst digital pirate havens and copyright offenders in the world
But blogger Michael Geist, a law professor at the University of Ottawa where he holds the Canada Research Chair in Internet and E-commerce Law, in his May 12 posting said: “Piracy rates in Canada have been steadily declining in recent years – down to 32% in 2008 from 36% in 2004. Canada ranks among the 25 countries with the lowest piracy rates, ahead of many European countries including France, Spain, Italy, Greece, and Portugal (notwithstanding claims of CAAST). In fact, only five countries that have ratified the WIPO Internet treaties have software piracy rates lower than Canada.”
Still, a 2008 report from the International Intellectual Property Alliance (IIPA), said “Canada remains far behind virtually all its peers in the industrialized world with respect to its efforts to bring its copyright laws up to date with the realities of the global digital networked environment.”
Globe and Mail technology reporter Matt Hartley in his May 25 story said, “Under heavy influence from the U.S. entertainment lobbies, the U.S. government’s sights remained trained on Canada, as it attempts to pressure one of its largest trading partners into falling in line with other nations who have enacted new copyright legislation to deal with the digital reality.”
That obviously caught the attention of the Industry Minister Tony Clement and Canadian Heritage and Official Languages Minister James Moore, who announced Monday nationwide consultations to solicit Canadians’ opinions on the issue of copyright.
“Canadians are concerned with copyright and its implications in our increasingly digital environment. Our goal is to give Canadians from across the country a chance to express their views on how the government should approach the modernization of copyright laws,” said Minister Clement. “Your opinions and suggestions will help us draft new, flexible legislation so that Canada can regain its place on the cutting edge of the digital economy.”
“We all know that new technologies are changing the landscape and that Canadian copyright laws need to be updated,” said Minister Moore. “By leveraging new technologies, we are providing as many people as possible with access to our consultative process through interactive, web-based and real-time discussions. With today’s launch, we are on track to introducing modern and responsive copyright legislation in the fall.”
The consultations will run until September 13, 2009, and will include a number of different avenues for Canadians to participate, including an online discussion forum as well as a submission centre for posting detailed submissions.
A number of round tables have also been planned across Canada to canvass the views of experts and organizations on the kinds of amendments needed to position Canada as a world leader in the digital economy.
Two town hall meetings will also be webcast on the consultation site, allowing Canadians in all parts of the country to participate in the conversation via the Internet.
For more information visit www.copyrightconsultation.ca to find out how you can participate in the consultations.
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