Canada’s stronger copyright law
p2pnet news | Politics:- Deirdre McMurdy has an article on the imminent copyright bill, and the role of Ambassador Wilkins and some of the other usual suspects.
The Ambassador is quoted as saying that “Canada is known for having the weakest copyright protection in the G8.”
That is nothing short of ridiculous. Worse, it is simply false and misleading.
First, the G8 includes Russia. Enough said.
Second, Canadian copyright law is MUCH stronger than US law in the following ways, which are only a baker’s dozen examples:
1. We have neighbouring rights. The USA doesn’t. This translates into very big bucks for record producers and performers.
2. For example, broadcasters already pay far more here than there – with about $50 million p.a. more over and above now being demanded by NRCC for rights that don’t even exist in the USA.
3. We pay a fortune to SOCAN for performances in countless bars, restaurants, retail stores and other small business establishments. The USA notoriously exempts these establishments, contrary to a WTO ruling against the USA which the USA continues to flout. The USA is the most famous adjudicated current violator of international copyright law.
4. We have moral rights. The USA doesn’t.
5. Educators pay more here than in the USA. We pay far more proportionally for reprographic rights than in the USA, with far fewer exceptions for educators in our legislation. The US counterpart to Access Copyright has only a little over three times Access’s income – while normal ratios would suggest that it should have ten times the amount. Canadian educators are subject to statutory damages. American ones are not if they reasonably believe that they are engaging in fair use.
6. We have a rich blank media levy scheme that generates currently almost $40 million a year, most of which goes to the USA. The USA has nothing comparable. If CPCC gets its way, which I’m trying to prevent, we’ll have a $75 iPod ‘tax’, which simply couldn’t happen under US law.
7. We long ago got rid of most of our compulsory licenses, including the mechanical license for sound recordings. The USA has this and many more, which it continues to preach against to other countries.
8. We have 36 copyright collectives. The USA has less than 6.
9. We have major direct and indirect support and subsidies to collectives. The USA wouldn`t dream of it.
10. We have a full time Copyright Board with enormous policy making powers. The US mechanism is far more limited.11. We have no parody right/exception for users, The USA does.
12. We have no distance educational exceptions. The USA does.
13. Our provinces have no crown immunity. US states have state sovereign immunity for copyright infringement.
The problem with US copyright propaganda is that the US is a ‘born again’ believer in copyright law, and therefore prone to overly zealous and inaccurate excessive rhetoric. Until 1976, its laws were drastically weaker than any other developed country. It didn’t even join Berne until 1989 and, even now, some question its compliance with Berne, on such issues as moral rights.
It would be very sad if our politicians were to believe the inaccurate propaganda coming mainly from the USA and CRIA. It may also be a costly political mistake to do so.
Howard Knopf – Excess Copyright
[Knopf is an Ottawa-based copyright lawyer who's been lead counsel on legal challenges both at the Copyright Board and in the Courts against the excesses of the music industry establishment. He's regularly quoted in the mainstream media and acted against the CRIA in the file sharing litigation, and continues to act against the CPCC, in which the CRIA is still a major stakeholder, on the levy front.]
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November 19th, 2007 at 3:39 pm
Stick that in your pipe and smoke it, Graham Henderson. You have more control over us than you deserve, or ever will, so stop your bitching.
November 19th, 2007 at 7:10 pm
THE PUBLISHER THUGS SUPPORTED BY A WEAK COYRIGHT LAW
Also, Americans have allowed historically the taking of rights from songwriters through publishers contracts that guarantee nothing in return for the rights to the songs… forever, with no way out for the songwriter even if a song never earns a cent in royalties from the publisher from a combination of double-dealing accounting and simply because the songs are really never published as promised.
Then there is the plain in the open stealing of works from authors and the public domain. Never punished at all.
Basically the music publishing business is mostly a scam supported by a weak (and contradictory to its stated goal) copyright. The law that does nothing to stop the scam.