Copyright veteran Knopf sees reason for concern in WIPO reform direction

Pessimism is growing among those opposed to Canada’s apparent moves to implement the controversial World Intellectual Property Organization’s Internet treaties, with Canadian Heritage pressing forward to introduce legislation to that effect by this spring (CNM, Dec.6/04). Critics of that copyright reform, and of Canadian lawmakers’ direction in accepting the guidance of the Standing Committee on Canadian Heritage, say Canada is headed towards a regime that replicates the U.S. Digital Millennium Copyright Act. The result, they say, will be stringent restrictions on the use of copyrighted material, as well as a trade imbalance in cultural materials that will see an increasing number of dollars flow out of the country. The process to reform Canada’s copyright laws continues to gain momentum, and it now appears that legislation could go to the House of Commons for approval as early as this spring. At a December 8 meeting of the standing committee, chair Marlene Catterall told members that the issue is expected to be dealt with by the third week of March, though she warned that, "I’m not sure we’ll have it by then." Sarmite Bulte, Parliamentary secretary to Heritage minister Liza Frulla, tells Canadian NEW MEDIA that the ministers of Canadian Heritage and Industry Canada – who share responsibility for copyright matters – have reached an agreement on the legislation. She noted that the ministers have committed to putting the matter to Cabinet before the end of this year, and that when it does reach the House, it will go to a joint committee of Industry Canada and Heritage. Suggestion of a joint committee is good news for many opposed to the direction the Heritage committee is taking. Industry Canada is generally seen as being in favour of looser restrictions on copyright material to spur innovation and build on its "connectedness" agenda. Howard Knopf, an outspoken opponent of the Heritage committee’s report of last spring, which recommended an extended licensing scheme for educational material, a new right of making available, and new liability on Internet service providers for copyright infringement, says it’s critical Industry Canada minister David Emerson become involved in the debate. "It’s his job and his legislation, and he has very solid expertise and corporate memory from his department. He also has a potentially huge constituency – if only that constituency thinks he will follow through. Hopefully the department will go back to its roots in the Trudeau days and reassert its rightful and necessary mandate." But, warns Knopf, opponents of the copyright reform proposals face an uphill battle without an effectively organized and deep-pocketed lobby to counter demands by the music industry and other content copyright holders that laws be made tougher to stem the massive financial losses they argue have flowed from file-sharing and other technological developments. "As usual, we are facing the asymmetrical warfare problem. The collectives are just large enough to spend what it takes to overwhelm much larger user groups whose resources are spread thin. Of course, they are spending the user’s and creators’ money – but the Canadian system is designed just for this," says Knopf. He has harsh words for the Balanced Copyright Coalition, a group formed in the fall of 2003 to push for an alternative to DMCA-style legislation, with members including the Public Interest Advocacy Centre (PIAC), the Canadian Association of Internet Providers, the Canadian Association of Broadcasters (CAB), the Canadian Advanced Technology Alliance (CATA), the Canadian Cable Telecommunications Association (CCTA), the Retail Council of Canada, Bell Canada, TELUS Corp., and Knopf himself. He says groups such as ISPs and educators have been co-opted by compromises, and that effective opposition to the Heritage committee’s recommendations is now extremely small. "I’m very disappointed that the Balanced Copyright Coalition has not taken flight and that powerful key members have apparently been co-opted from the critical stage," he notes. He adds: "It’s too bad that the Canadian academic and private legal sector hasn’t mobilized any critical mass of critical thought. There are less than a handful of us involved on the public interest side. In the USA, there are dozens of expert professors and practitioners who are effective voices in informing public opinions and conversations." He points to U.S. law professor Lawrence Lessig, and his allies in the Electronic Frontier Foundation, as the type of strong voice missing from the Canadian stage.

Copyright veteran Knopf sees reason for concern in WIPO reform direction

Broadcast | December 16, 2004

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