Copyright Consultation Submission draft

Dear Copyright Consultation Members,

Intro
The Pirate Party of Canada (PPoC) is dedicated to promoting open government, copyright and patent reform and privacy rights through public debate, spearheading a political movement and encouraging Canada to create new international relations that respect these principles. We strive to cross existing political boundaries in order to protect Canadians' privacy rights as well as their rights as consumers, citizens and voters. In the copyright debate the PPoC represents a growing segment of Canadians that want to see Canada's Copyright Act balance the artists' need to earn a living, the consumers' right to use the works they have purchased and societies right to own its culture.

1. How do Canada’s copyright laws affect you?
Our copyright laws take all power away from both artists and consumers and place that power in the hands of wealthy distribution channels such as book publishers, record labels, and movie studios. Many aspiring authors cannot get their books published because the publishing industry does not like their style. Many consumers cannot access music at reasonable prices because the recording industry wants a huge cut. Those same consumers may not mind paying $20 for a CD, but knowing that the original artist gets a small fraction of that is upsetting. Some may rather send the entire $20 directly to the artist and download their music from so-called “pirate” services.

The Internet is making the incumbent distribution channels unnecessary. Authors can post books online and self-publish using online services such as lulu or createspace. Musicians can post their music online using Jamendo or Bittorrent. Independent movie producers can post their movies online using hulu, youtube, or similar services. This shift allows artists direct access to the consumers and vice versa.

In the information age the incumbent distribution channels are irrelevant; they know this and are lobbying for laws to make it harder and/or illegal to access content without paying them. This is like trying to pass laws that we all use typewriters instead of e-mail because typewriters and the postal system are no longer relevant. It serves a set of industries already well-known for misusing artists and consumers alike.

How should existing laws be modernized?

The number one change is to reduce the length of the copyright term. Drastically.

A book published today will not be available to the public for generations. How is the original author compensated after his or her death? Sony is making an incredible fortune off of Michael Jackson’s death, a small fraction of that will go to his family. Why?

In addition, technology is now advancing at an incredible rate. A century ago when our current copyright laws were introduced, things moved in decades. Now they move in seconds. It could take years for a book or recording to circulate and be heard by everyone in the country. Now the entire world can read it in a week, and next week it's old news.

Copyright term should be shortened drastically. This would give artists and those who invest in assembling artists some compensation, but should increase the rate of knowledge growth by at least one human generation.

Second, non-commercial sharing of data must not be illegal. It should not be illegal for me to loan a book to a friend. It should not be illegal for me to read a book to my friend over the phone. By extension, I should be able to share it with them across any media or time-frame.

2. Based on Canadian values and interests, how should copyright changes be made in order to withstand the test of time?
The primary Canadian value at risk and often forgotten in these discussions is privacy. Canadians enjoy their privacy. Many corporate lobbyists suggest that people not be allowed to share data they have paid for or use it in whatever way they see fit. The obvious example is file-sharing, but the logical extensions lead to charging to read a book every time you open it, or forbidding a person from watching a movie at a friend’s house if they haven’t paid to view it.

The privacy problem is that policing such laws would require knowing every movie I watch, every book I read, and every packet I transfer across the Internet. The authorities would have to read every e-mail to ensure I haven’t attached an “illegal” file to it. This is clearly a drastic invasion of privacy.

Another core Canadian value is the desire to create. Our country has a very unique heritage with many unique works of art not created anywhere else. If the large media outlets get their way, they will have complete control over all creative works. They will get to pick and choose which artists get shown to the public and which ones get placed in the equivalent of a creative prison with no access to potential readers, viewers, or listeners. We will be steered by US corporate interests and our cultural works will be marginalized and ultimately, lost.

3. What sorts of copyright changes do you believe would best foster innovation and creativity in Canada?
As mentioned, shorter copyright term and no legal protection for digital locks. That will:

a) allow capable artists and inventors who come up with new ideas to continue to make a living off the fruits of their efforts

b) allow artists and authors to ’stand on the shoulders of giants’ and reuse existing works in their own works and inventions

c) encourage more time and money to be spent on creativity and innovation instead of on new proprietary platforms, digital locks, lawyers and legal proceedings that do not further the creative process.

4. What sorts of copyright changes do you believe would best foster competition and investment in Canada?
Shorter copyright terms and no legal protection for digital locks will encourage competition. Companies and artists would increase creative production in a continual search for profitable works while at the same time advancing distribution channels to reach larger audiences and serve consumers better.

Investment, especially foreign investment, will always depend on treaties and agreements. There is a growing movement internationally to reduce copyright restriction. It is important that Canada be a leader in this movement and signal Canadian businesses and artists to start creating a “new-style” publishing industry so that we may be in a position to take advantage of the direct access to a global audience as new treaties are formed. There is no doubt that the currently-powerful companies will shun investment in the new model. This loss in investment must be weighed against the financial and privacy cost of monitoring every file downloaded by Canadians.

5. What kinds of changes would best position Canada as a leader in the global, digital economy?
Canada's largest trading partner is the US, however in the digital economy proximity means little. The digital economy by nature is global, as such Canada needs to look at the entire world for inspiration. Europe has already elected Pirate Party members focused on copyright reform similar to what I have described. It is inevitable that massive reform, even revolutions in copyright law will occur. Canada can be at the front of this movement by changing our laws first, seeking out new trade agreements, and by doing it the way we always do: peacefully.

-Pirate Party of Canada