New copyright coalition launched to counter ‘louder voice’ of user lobby

OTTAWA—The recently announced Balanced Copyright for Canada online advocacy group formed because rights holder groups felt they needed to counter the user lobby’s “louder voice” online, Stephen Ellis, a board member of the group, told The Wire Report in an interview. “The pro-copyright forces needed, for the lack of a better term, a soap box,” Ellis said. Ellis, president and CEO of Ellis Entertainment Corp. in Toronto and a member of the coalition’s 14-member advisory board, said members of the group hope to facilitate discussion among creators and rights holders and build consensus on key copyright reform policies. “Maybe Balanced Copyright for Canada is also about balancing the voices inside the space, not just about balancing the Copyright Act,” Ellis said. “It’s taken on a life of its own for people who are of a like mind.” Funded by the Canadian Recording Industry Association, which represents the major international recording companies, the coalition does not provide a full list of members on its website. Coalition spokeswoman Gwen McGuire said it is too soon to announce organizations endorsing the coalition, and that people should turn to its advisory board for shows of support. The group initially posted a list of members on its site—including the names of many music industry officials—but it was removed. Insiders say some industry associations or organizations are endorsing Balanced Copyright for Canada, including the Canadian Independent Music Association. Last week, the Canadian Council of Music Industry Associations (CCMIA) announced it had joined the coalition. In an interview, John-Paul Ellson, chair of the CCMIA, said members see the coalition and the Conservative government’s copyright reform legislation, Bill C-32, as an opportunity to engage the government in a discussion. Ellson acknowledged that not all members of the coalition agree on the way forward on copyright reform. “To my knowledge nobody supports the bill, as it is currently drafted, in all its provisions,” Ellson said. “Almost all members of this coalition believe that amendments are required. But at least it’s a step forward and can serve as a basis for discussion.” In previous copyright reform initiatives, he said, governments have taken advantage of industry divisions to advance policies. But the coalition may help unite creator and rights holder groups into fewer, more powerful voices, he said. “If you look at the membership in that coalition, it’s probably the most extensive one that’s ever happened. I think it would be difficult for the federal government to completely ignore it,” Ellson said. The government has said it intends to create a special legislative committee to study Bill C-32 in the fall. Ellson said the coalition hopes to agree to a series of recommendations after Labour Day that the group can present to the committee. Other recommendations, which may not be “quite as consensual,” may be presented separately, he said. One of the most contentious issues in Bill C-32 is its legal protection for digital rights management (DRM), or “digital locks” on content and devices. The legislation takes a strict approach to enforcement, like the Conservative government’s former Bill C-61, making it copyright infringement to circumvent digital locks in most consumer cases. User advocates point out that the bill’s provision, as drafted, would override many copyright user exceptions, such as fair dealing provisions. Ellson said the CCMIA’s members have not yet agreed to a position on legal protection for DRM, but that the organization intends to put forward a position at the committee hearings expected in the fall. Ellson compared the argument for legal protection for DRM to the debate about the legal requirement to fill out the long-form census. “If there isn’t a legal mandate to do it, will people do it?” he said. The Balanced Copyright for Canada website, launched in the spring, encourages online advocacy, such as sharing news and editorial pieces through social media and leaving comments on articles. The grassroots approach to lobbying comes as the user lobby is also running online campaigns. John Provenzano, a spokesman for the publishing copyright collective Access Copyright, said the organization does not intend to join the coalition. In an email statement to The Wire Report, Stephen Waddell, national executive director of the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA), also said the group has not joined the coalition. He said Bill C-32 needs “a host of amendments to make it acceptable to creators, including equitable remuneration for format shifting, and respect for creator rights.” sdoyle@thewirereport.ca --- CORRECTION: An earlier version of this story said the Society of Composers, Authors and Music Publishers of Canada (SOCAN) endorses the coalition. SOCAN is not involved.

New copyright coalition launched to counter ‘louder voice’ of user lobby

Broadcast | August 11, 2010

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