The Truth About Copyright Revision
In May 2004, a parliamentary committee recommended changes to Canadian copyright law modeled in part on controversial features of an American law known as the Digital Millennium Copyright Act. The committee characterized these changes as "responsive to the needs of all Canadians"
.
The Truth
The truth is that these proposed changes would drain millions of dollars from Canada's provincial education systems, threaten national security research and personal privacy, harm Canadian culture by enlarging the billion dollar Canadian culture deficit, and put Canadian business at a competitive disadvantage. The committee spent little time debating the issues, and ignored concerns voiced by public interest advocates. Facing growing pressure from predominantly U.S. interests, Parliament is moving rapidly to embrace dangerous new rules. If enacted, these rules will have a devastating impact on:
Education
Canadian schools currently spend millions of dollars each year on copyright licenses to provide students with access to educational materials. The Supreme Court of Canada recently ruled that teachers, students and schools do not have to pay for certain uses of these materials (including research, private study, and certain classroom instruction). Contrary to the Court's ruling and despite the millions of dollars schools already pay for copyright materials, the committee would require schools to divert millions of dollars more from education budgets - from students, schools and taxpayers - to pay for publicly available material on the Internet.
Privacy
Canadians value their personal privacy. The committee's proposals would undermine Canadians' privacy protections. In recent months, the Canadian recording industry has sought to identify Canadian Internet users based solely on deficient evidence of alleged file sharing. The proposed changes would outlaw the disabling of spyware that monitored how you listened to a song, read an e-book or watched a DVD. It would make it illegal to break locks on this content, even if your actual use of the content was perfectly legal. This would leave us no room to enjoy copyright works in private, free from the prying eyes of copyright owners. As Justice LeBel of the Supreme Court of Canada has noted, the Copyright Act should be interpreted to respect Canadians' privacy interests in their Internet-related activities within the home.
Freedom of Speech
Our Internet Service Providers should not be censors and the unwilling copyright police of the Internet. The committee is calling for a "notice and termination" system where, on the basis of untested claims and potentially without judicial oversight, copyright holders will be able to use computer generated notices to pressure ISPs to cancel Internet access for potentially thousands of Canadians, thereby blocking access to health and financial websites as well as email. Incredibly, Canada offers far more protection to child pornographers than to victims of false copyright infringement claims. While law officials need a judicial order to take down child pornography, the committee merely requires unproven allegation to allow the termination of allegedly infringing material. A similar system in the U.S. has proven both ineffective and dangerous, chilling speech and generating huge costs to ISPs and citizens.
Consumer Rights
Canadians spend billions of dollars each year on books, music, and movies. If Parliament adopts the proposed changes, large multinational corporations will be entitled to use technology to block small amounts of copying that copyright law traditionally permits, and your efforts to get around that technology to exercise your rights will be illegal. Our culture depends upon the ability to use and re-use creative work. Canadians should not be denied the right to fairly use materials for which they have paid. In the United States, legislation similar to that proposed by the parliamentary committee has outlawed attempts to access technologically controlled work. Canada must not establish rules that create similar restrictions.
The Culture Deficit
Statistics Canada reports that our copyright royalty deficit - the amount of royalties generated by Canadians abroad compared with royalties earned by foreign performers in Canada - has grown dramatically in recent years. For every $1 earned by Canadian performers outside the country, $5 flows out of the country. The parliamentary committee has recommended the ratification of international treaties that would increase foreign royalty payments leading to hundreds of millions of dollars flowing from Canadians to predominantly American interests.
Innovation
To compete in a global marketplace and to create new jobs and opportunities for all Canadians, business depends on laws that foster innovation. The U.S. copyright experience demonstrates that business rivals will inappropriately use these laws to create artificial monopolies and stifle competition. Should Parliament enact these proposals, small and medium sized businesses – the engines of our economy – will face the threat of copyright lawsuits as they seek to bring products to market.
Security Research
In recent years, U.S. authorities have jailed software programmers for presenting computer security research alleged to have violated copyright law. As a result, increasing numbers of computer scientists and academics live in fear of conducting security research. They now choose different career paths and global experts avoid entering the U.S. Former U.S. cybersecurity czar Richard Clarke has noted that few people realized that U.S. copyright law would have this "chilling effect on vulnerability research." In this age of global terrorism, our national security depends upon state of the art security research. Canada will never be secure if its top researchers cannot test information systems for security flaws.
Our Call
Do No Harm
Changes to Canada's copyright laws must be guided by the principle of "do no harm". Canada must not enact changes that threaten education, freedom of expression, privacy and security. It must not establish laws that harm small business and stifle innovation, or that cost Canadians millions of dollars.
Considered Copyright
The Canadian government must immediately stop proposed copyright changes until Parliament has heard from experts on education, security, privacy, small business, and consumer groups.
Canadian Laws Must Serve Canadians
Where changes to copyright laws are needed, Canada must adopt laws that serve Canadian interests first. Pressure from U.S. interests and proposals that primarily benefit foreign companies should be rejected.
Sign the Petition
- Download your own copy of The Truth
- What else can you do to help? We have some ideas...
Already Signed
Organizations
- Canadian Internet Policy and Public Interest Clinic (CIPPIC)
- Public Interest Advocacy Centre (PIAC)
- Canadian Association of University Teachers (CAUT)
- Option consommateurs,
- John Smith, Software Developer and Educator
- Canadian Federation of Students,
- Sydney Weidman, Prairie Linux User Group
- Neil Leyton, Fading Ways Records
- Jamie Hadden, Site Owner CanRG.com
- Electronic Frontier Canada, http://www.efc.ca
- Julian Kioke, Big J
- Gerald Harrison, Pres.
- Michael Shannon, CIO-IBT Technologies Inc.
- , Creative Commons Canada (cc|ca)
- James Supple, president, Match-Tetra Corp., Ottawa
- Alex Shea, DreamWalker Productions Ltd.
- Catalina Prado, President CDNameSearch Corp.
- Open Forum Media Arts Society (OFMAS) ,
- Poly9 Group Inc.,
- Janie Duncan/Duncan Investigations, Copyright Investigator
- salma, le collège de la peur
Individuals
- Professor Michael Geist, Canada Research Chair in Internet and E-commerce Law, University of Ottawa, Faculty of Law
- Professor Myra Tawfik, University of Windsor, Faculty of Law
- Professor Sam Trosow, University of Western Ontario, Faculty of Law
- Russell McOrmond, Internet Consultant and founder of Digital Copyright Canada Forum (digital-copyright.ca)
- Chris Brand, Software Developer and Educator
- Professor Alex Cameron, University of Ottawa, Faculty of Law
- Jason Young, LL.B., LL.M.
- Professor Laura J. Murray, Queen's University, Department of English (www.faircopyright.ca)
- Professor Howard Knopf, Director for the Center for Intellectual Property Law, Chair of the Center for Intellectual Property Law and the Center for Information Technology and Privacy Law, John Marshall Law School
- Jamie Telfer, Student
- Reuben Berlin, n/a
- Joan Dalton, Librarian, University of Windsor
- Guillaume Champeau, IT Journalist (www.ratiatum.com)
- Jason Moffatt, Photographer
- Gavin Sharp, Student
- Justin Eady, Web Application Engineer
- Brandon, NA: student
- Justin Daoust, Entrepreneur
- Grant Thiessen, bookseller
- Ian D. Allen, College Professor / Open Source Software Consultant
- Doug Bradley,
- Alan, Student
- Eddy Marcelet, Bicycle Company Employee
- Basil Veerman, Student
- Darren Boyd, Small Business Owner
- Jean F. Trudel, Freelance Artist & Illustrator
- Marie-Sophie Poulin, LL.L., LL.B.
- Arthur Gron, http://members.rogers.com/arthur.gron
- Christopher Halcrow, creator,consumer,citizen
- Andy Kaplan-Myrth, law student
- Greg Phillips, Assistant Professor
- Shid, Student
- Peter Euler, Mr
- Andreas Bovens, Student
- Hani Glaidos, Student
- Martin French, Graduate Student, Queen's University
- Mark Leggott, University Librarian / U of Winnipeg
- Cindy Pierce,
- Brody McKnight,
- Atis Alksnis,
- Steven Bell,
- Claudiu Popa, President, Informatica Corporation - Security Research
- Mark Federman, Chief Strategist, McLuhan Program in Culture and Technology, University of Toronto
- Gordon Belray, Imaging System Administrator UofT
- Richard Pinet, Manager, Centre fo e-Learning, University of Ottawa
- Mark Jordan, Librarian, Simon Fraser University
- John Durno, Project Coordinator/BC Electronic Library Network
- Greg West, Artist
- Geneva Hargreaves, criminology student
- Jan Smith, Director
- Michelle Canning, Business Owner/Yoga Teacher
- Robert Thomas,
- Jonathan Dursi, Postdoctoral Research Fellow, University of Toronto
- Yannick Delebqcue, McGill University
- Sasha Koomen, Training Coordinator
- Paul Morissette, graduate student, Université de Montréal
- Andrew Wedgwood, Engineer
- Chris Gamble, Teacher
- Lisa Goddard, Librarian, Memorial U. Newfoundland
- Valerie Wettlaufer,
- Meera Nair, Doctoral Student, Simon Fraser University
- Tara Stephens, BCLA Student Representative
- Sundeep Gill,
- Stéphane Rolland, Law student, Université Laval
- Janine Jevne, MLIS Student, former teacher-librarian
- Matt Cousens, Engineering Student
- Karen Lippold, Librarian
- Kevin Labonte, Private citizen
- Iain MacFarlane, Librarian
- Ava Chisling, law student
- Louise Marleau, Ms.
- Roy Borglund,
- Dr. Paul Fera,
- Dave Kennett,
- Matt Astell,
- Louis D'Alton, PhD Candidate University of Western Ontario
- Barrie Penner,
- Peter Law, Mr.
- Casey Sillito, Mr.
- Michael Longval, MD
- Jade Ohlhauser,
- Jade, Developer
- Larry Marsden, computer consultant
- Ron Brogden, IT professional, musician
- Tee Teoh, Senior Systems Architect
- Piotr Wierzbicki, developer
- Guillaume Coté, Ingénieur informatique
- Harold Jarche, Principal, Jarche Consulting
- Professor Marcus Bornfreund, University of Ottawa, Faculty of Law - Law & Technology Program
- Robert Rodbourne, Editor
- Thomas Purves, Sr Manager CIBC Bank
- Dave Brennan, Mr
- Paul Lewis, Mr.
- joel brennan,
- Dave Lewis, Student
- Ashli Gauvreau, Communications Student, SFU
- Shannon Croft, Student
- Roxie Richards, Realtor
- James Lethbridge, Student
- Emma Hill Kepron, MLIS student
- Margaret Kipp, PhD Student, University of Western Ontario
- Dean Audia, Mr.
- Rebecca Reid, Communications Student
- Lesley Richards, Miss
- Naomi L N Phillips, student
- Michelle Richards, Assistant Manager
- Carole Reid, parent
- Robyn Prisland, SFU Student
- Jade Andersen,
- Stephen Aryan, Mr.
- Ken Parish, IT Admin/Consultant
- Geoffrey Shea, Municipal Councillor (West Grey), artist, educator
- Rodney Carter, Archivist/Religious Hospitallers fo St. Joseph
- Ben Kobayashi, Musician
- Dominic Boisvert, Archiviste, HB archivistes, s.e.n.c.
- Korey Bray,
- Brandon Vadovic, Radio Broadcaster
- Ryan Carroll, Axid Productions (un registered)
- Paul Piotrowicz,
- Scott Kipfer,
- M. Kraya, Director General
- Mike Southgate,
- Sandra Robinson, Digitalriffs Music
- Lincoln Stewart,
- Tim Macdonald, Student
- Myles Bunbury, Software Engineer
- Todd Ouellette, Audio engineer
- Giancarlo Mancuso, Entrepreneur
- Bryan Williams, Radio Producer
- Ian Lee, Ph.D, Professor, Carleton U
- Sara Supple, Student
- jon pysh, mr
- Margaret Tucker, Citizen
- David M. Taylor, Medical Tech
- Simon Springer, Graduate Student, Queen's University
- John Chaffey, Retired Public Servant
- M-A Raymond, Engineer
- RON campbell,
- Michael Alguire, Computer Programmer
- David Heap, University of Western Ontario
- David Piepgrass, Computer Programmer
- Jonathan Addleman,
- Bill Shiell, Composer
- Jason Mollard,
- Jimbob EhMalmahay, Disgusted Canadian
- Colman Leung, Mr.
- Gregory Sadetsky, Student
- Nick Harris, student, musician
- Denis Laprise, Étudiant
- Charles Brouard, Student
- William Wueppelmann, Librarian, Canadiana.org
- Eva Revitt, Librarian
- David Donovan, IT Consultant
- Mario Glavacic, Producer
- Dorine Best, student
- Will Wolff von Wulfing, Mr
- G.G. Franks, Concerned Citizen
- Barbara Wolfe, PhD Student, University of Western Ontario
- Ivan Yuen,
- Ted Hastings, Educational Assistant
- Julie Mayo,
- grant warkentin,
- Dan Malley, Mr
- Eric Gisin,
- Daniel Eaton, CS Student, University of Waterloo
- Pierre François Gagnon, Éditeur en ligne : editel.com
- Dallas Craven, Mr.
- Kalle Ounapuu,
- Arsalan Ghani, Graduate Student
- leif iverson, retired man
- Christian Ouellet, designer
- Steve Spencer, Citizen
- Troy Ryder,
- Erik Tomlinson, University student (Engineering)
- Mike Higgins, College Student (Comp. Eng)
- Andrew McDowall,
- Dave Phillips,
- Michael Hermann, Software Development Contractor
- François Sauvageau, Lawyer
- Josef Faber, Canadian
- Michael Wall, Mr.
- Andre Gnat,
- Mike Lipinski,
- David Arthur Drohan, Mr.
- Kimberley Wolfe, University of Windsor Law Student
- Mr. Charles MacDonald, na
- Brian J. Murrell, Tax Paying Canadian!
- Stephen Schaller, Remote Sensing Specialist
- Michael Tomlinson,
- Jeff Holding,
- Dallas Hockley,
- Jim Gaves, Canadian
- Stuart, Student
- Anthony M Briggs,
- Olivier Charbonneau, Librarian, Concordia University, Edtior-in-chief, www.CultureLibre.ca
- Nathan Babcock, Mr.
- Zygo Blaxell, Software deveoper
- Walter M. Gray, retired
- Juan Sanchez,
- Vaunda Dumont, Library Asst./Student
- Steven Demetrius, IT Consultant
- Kevin Stam, n/a
- Roberta Voulon,
- Dan Ives, Self-Employed
- Alina Gherghinoiu, ms
- Michael Kers, Mr.
- Edward Jones,
- Richard Haack, Mr
- Genevieve Plante, parent
- Rosemary Frei, Freelance medical writer
- Desmond Brett,
- V. Andic-Whealy, Teacher
- M. Andic, Professor
- Josef Faber, Mr.
- Adam Olsen,
- Dave Millard, Mr.
- Gordon Duggan, Mr
- Sam Roberts, Software Developer
- Erno Hajdu, System-Security Engineer
- Steve Turner, A concerned citizen
- Barbara Jo May, librarian
- Dwayne Litzenberger,
- Gina Kim, Information Specialist
- David Wells, Student
- Robert Holmstrom, Canadian citizen
- Wayne Gibbons,
- Mark Brys, Mr
- R. Prasad, Graduate Student, Legal Theory
- Adam Millar, Teacher
- Jonathan Morris, University of Victoria Students' Association Director at Large
- Blaine Benson,
- Steve McCullough, Web Developer
- Chris Babiarz,
- Richard Sandberg,
- Mike Ginou,
- J L Frandsen,
- Jonathan R. Clarkin,
- Deovn Cooke, Mr.
- Shady Kanfi,
- Kelly Stich, Student
- Jeremy Tregunna, Mr.
- Dan Dobbyn,
- André Cotte, Conseiller en logiciels libres
- Tim Lang, Poet/Author/Artist -B.A.
- David Duffy, Mr.
- Colleen Fitz-Gerald, Teacher, IT/secondary edu.
- Sharon Hewitt,
- David Arthur Drohan, Mr.
- Sarah Joyce, Joyce + Duggan
- Gary Luc as, IT professional
- Adam Ferland, Student
- Marc Nanni,
- John Pastway, Mr.
- John Pastway, Mr.
- Terry Pastway, Mr.
- Duane Pastway, Mr.
- Richard St-Amour, Mr.
- rob ammerman, graduate student - researcher
- Jesse Spring, Electrical Engineering Student
- Matt O'Neil, sentient program living on the net
- Gordon Lee,
- Angela Saunders, Student
- Nancy Pardoe, Copyright Consultant / SIAST:
- Chris Guenard, Mr.
- david leclerc,
- Jon Fuller,
- Linda Noel, I Publish Press
- Raymond Joseph Balogh,
- Sean Davis,
- Christopher A. Cooke, IT Professional
- pyecmf, home
- Joshua Bearden, student
- morgan, home
- morgan, home
- morgan, home
- Jordan Bowness, Mr.
- Jan Pingel,
- Daniel Malley, Mr.
- Gary Cameron, P. Eng (Systems Engineer)
- Thomas Storzuk, Consultant
- Luc Loubier, Engineer
- mlm leads, home
- Elisabeth Ward, Teacher Educator
- mortgage brokers, home
- online casinos, home
- replica rolex , home
- Raven Morris,
- Lilibeth Taduran,
- Christopher Dewar, Accountant
- , None
- Good gay!, None
- Good gay!, None
- Good gay!, None
- Good gay!, None
- , None
This page last updated: June 2, 2007
Webpage URL: http://www.cippic.ca/en/projects-cases/copyright-law-reform/truth.html