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Lawyers/Lobbyists Criticize Copyright Consultations

By Howard Knopf, Esq.

Here is a a good sign that indicates that Ministers Clement and Moore are doing the right thing with the copyright consultation process. This is found in an article by Robert Todd in in today's Law Times.

Mr. Todd quotes two of Canada's best known copyright lawyers, who are or have recently been actively registered lobbyists for major US entertainment industry interests, namely Glen Bloom and Barry Sookman, who have come out criticizing the consultations as unnecessary. They are urging the government to get on with:

• WIPO ratification (HK suggested translation = DMCA),
  
• ISP liability (HK suggested translation = notice and takedown),
  
• "re-calibrate the balance of copyright, so that rights holders can develop economic models that create businesses out of cultural products" (HK suggested translation = maxed out DRM +TPM and anti-circumvention),
• deal with "a significant amount of unauthorized file sharing, and we need to modernize our laws to help re-calibrate the balance of copyright" (HK suggested translation = three strikes and/or law suits against individuals).

There is the usual whining about the US "Special 301 Report."

In contrast, and with a breath of fresh air, Colleen Spring Zimmerman, who has not been a registered lobbyist, calls for a look at the Copyright Board. She:

• "suggests the government?s top priorities should including tinkering with the Copyright Board of Canada, which plays a key role in setting tariffs, for example. She says the jurisdiction of the board should be reconsidered, while a broader ?revamping? should also be investigated."

I agree with Ms. Zimmerman, and have written about this at some length. Things do seem to be taking even longer, and getting even more expensive for both owners and users at the Copyright Board. The trouble is that the collectives can pay for all of this with their members' money and the users invariably have many other things to worry about apart from Copyright Board hearings. This is an important issue that involves about half a billion dollars a year in economic activity.

HK

Full post as published by Excess Copyright on August 04, 2009 (boomark / email).