[p2p-research] Michael Geist’s Summa Copyrightica

[Ryan]

  Sent to you by Ryan via Google Reader: Michael Geist’s Summa
Copyrightica via Joho the Blog by davidw on 9/12/09

Michael Geist, who has been leading the fight for sane copyright
legislation in Canada, has posted his submission to the Canadian
government advising on the shape of reform. What follows is by no means
a complete summary. For example, I have skipped some recommendations
specific to the proposed Canadian law. And I’m also certainly going to
put many things inadequately. So, read it yourself. Please.

First, why does copyright matter?

For me, copyright matters because I am a professor and my students need
access to copyrighted materials and the freedom to use those materials.
It matters because I am a researcher who needs assurance that as
materials are archived they will not be locked down under digital
rights management. It matters because I am deeply concerned about
privacy and fear that DRM could be harmful to my personal privacy. It
matters because I have created videos and need flexibility in the law
to allow for remix and transformed works and do not want my content
taken down from the Internet based on unproven claims. It matters
because I am a writer and I need certainty of access to speak freely.
It matters because I am a consumer of digital entertainment and I want
the law to reasonably reflect the right to view the content on the
device of my choice. It matters because I am a parent whose children
have only known life with the Internet and I want to ensure that they
experience all the digital world has to offer. It matters because I
live in a city with a strong connection to the digital economy and we
need forward-looking laws to allow the next generation of companies to
thrive. It matters because I am a proud Canadian who wants laws based
not on external political pressure, but rather on the best interest of
millions of Canadians.

Then, “seven areas of copyright reform.”

1. Expand the “fair dealing” provision of the proposed Canadian law,
thus expanding what we in the US call fair use. Michael advises against
trying to enumerate all exceptions, but says that if they must be
counted, they should include parody and satire, time shifting, format
shifting, music shifting, and teaching. (I’m surprised that Michael
doesn’t ask for exemptions (or expansions) for scholarly works and
political commentary, but IANAL and I am definitely not a Canadian
lawyer.)

2. When it comes to laws preventing the circumvention of anti-copying
mechanisms, “The experience in the United States, where
anti-circumvention provisions effectively trump fair use rights,
provides the paradigm example of what not do to. It should only be a
violation of the law to circumvent a technological protection measure
(TPM) if the underlying purpose is to infringe copyright.” Also, don’t
ban devices that circumvent if they have non-infringing uses. Also,
create “authorized circumventers” such as archivists. Also, require
DRM-ers to unlock their content for those who have a right to it.

3. “Canadian law should include an explicit safe harbour that insulates
intermediaries from liability where they follow a prescribed model that
balances the interests of users and content owners. The ideal Canadian
model would be a ‘notice and notice’ system that has been used
successfully for many years on an informal basis.”

Also, reject the “Three strikes” provision. “Internet access is far too
important to establish a system that would cut off access based on
unproven allegations of infringement.”

4. Expand the right to make backups to all digital consumer products.
And remove the statutory damages that in US bankrupts individual music
sharers, rather than being applied to commercial-scale infringers.

5. Enhance the public domain. Don’t extend the length of copyright even
further, you crazy bastards. [Ok, I'm editorializing here a little.]
Also, eliminate the “crown copyright” that keeps government works out
of the public domain.

6. Rather than introducing a special exception for education, Michael
recommends “a more flexible fair dealing provision … that treats
educators, creators, and all Canadians in an equitable manner.”

7. Prohibit restrictions on “core protections” that are “buried beneath
the ‘I agree’ button.”

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