election

Rolling Up The Sleeves

So, the election results are in and now it’s time to start asking questions.

What parts of Bill C-51 will remain unaltered and what changes are to be expected under the new government ? Will Canadians be burdened with extra costs to implement these surveillance programs ? What measures will be taken to keep the data secure ?

Does the Trans-Pacific Partnership Agreement include further intrusions into our copyright ? Will the public be consulted in regards to the key provisions of this agreement prior to signing ? Will our recent reforms be bypassed and superseded by foreign entities and lobbyists ?

We will of course all need to wait until the next budget to know what investments the new government is planning for our digital strategy. But we should know who will be assigned to the key cabinet positions shortly.

So, what does it mean ?

As you may have heard the Conservative Party was elected as a majority in Canadian Parliament yesterday, the New Democratic Party having been elected into the opposition. And you must be wondering what next ?

Well, it obvious that copyright reform will likely be on the agenda shortly.

When the election was called Bill C-32 died whilst it was being reviewed by a legislative committee, the legislation’s digital lock provisions having been a major issue.

Had Bill C-32 passed, consumers in Canada would have been able to make private copies but would not have been able to circumvent copy protection to do it.

This meant that the counsumer would again be subjected to the whims and experimentations of the film and music distributors, who in the past had attempted to impose digital locks that kept people from copying material, even for personal use, to the extent that it caused security issues (i.e Sony BMG’s rootkit).

Basically Bill C-32 appeared to give the music and film industries an ability to disable private copying whenever it suited them, independently from the democratic process, whilst possibly giving them the ability to impose additional levies to conform to several World Intellectual Property Organization treaties. And of course this didn’t bode well with the Canadian consumer, who refused to pay the exhorbitant rates proposed on iPods/mp3 players and were wary of RIAA style copyright litigation.

Format shifting, the ability to copy copyrighted material from one medium or device to another, will probably remain a major issue in the forthcoming new copyright reform bill. And i’m hoping we have progressed on the issue.

The majority of consumers simply want more control in regards to the accessibility and portability of the content they purchase. They should not be subjected to obtuse allegations of piracy nor should be subjected to levies or taxes on devices on which they store legally purchased material.

Royalties are obtained from this legally purchased material, some of which is dependant on the existance of devices that enable the consumer to access this material.

For example, if it weren’t for iPods and mp3 players the consumer would not be purchasing music downloads from legal distributors, who pay royalties to rights agencies.

Levies on such devices may sound good to some artists but in reality it would result in fewer purchases because the consumer would eventually be presented these extra costs by the manufacturers. After all, the WIPO treaty ratifications would have resulted in additional levies for foreign content, resulting in prohibitive costs for the consumer.

This may be being sold as a compensation scheme for artists and composers but in reality quite a large amount of levies collected from the sale of blank audio media failed to be distributed from the current levy.

According to the Canadian Private Copyright Collective ‘s financial highlights, only $183,301,000 of the $284,878,000 collected from 1999 to 2009 was distributed. And nearly 11% of the monies collected were used as expendatures by the collective itself.

One can only guess how much of these levies would remain available for distribution if international copyright owners were to get levies. But is clear that all of these schemes would be quite costly to the consumer.

In March 2002, the CPCC had requested a rate of $21 per gig, as publisized in the Canada Gazette, and the Copyright Board had decided on a rate of $15 or $25 per device in December 2003 until having their decision overturned by the Federal Court Of Appeal, twice.

I certianly hope both the Conservatives and New Democrats appreciate the fact that this is not the time to hinder the sale of consumer products by introducing costly levies that fail to be distributed to the artists and composers.

Government Fails. Bill C-32 is Dead

The Copyright Modernization Act has died because of today’s non-confidence vote.

Bill C-32 had been proposed by Tony Clement, the Minister of Industry, and had referred to a Legislative Committee headed by Gordon Brown, MP for Leeds—Grenville (Ontario).

Hopefully it will be re-introduced minus some of the more questionable Digital Lock restrictions.