In the lead up to the ECMAs last week I was busy and missed posting about all kinds of news and reports so here goes:

This lady will make decisions that will affect us all - I am somewhat terrified.

In the ongoing fight over copyright laws in Canada pressure is building from US trade groups and media companies. Fox studios threatened to delay future film releases in Canada due to piracy while [CBC: Artists, entertainment companies battle over copyright law] a powerful coalition of U.S. software, movie and music producers wants the administration of U.S. President George W. Bush to put Canada on a blacklist of intellectual property villains [CBC: Canada on U.S. blacklist over intellectual piracy].

Both sides agree there is a need for reforms of the existing laws, the problems arise over the degree of reformed required:

It’s too hard to prosecute people who copy videos, games, music or films and offer them on the internet under Canada’s existing laws, said Danielle LaBossiere, director of the Entertainment Software Association of Canada.

“It’s pretty difficult to pursue people under the existing laws because you have prove their intent to circumvent, which means you have to prove that they know what they’re doing is wrong,” she said.

But punitive laws that charge people for downloading material are not the way to go, some artists groups say.

Toronto musician Andrew Cash says the recording industry is ignoring the opportunity the internet represents by insisting on tight and rigid rules for downloading.

“The sooner the music culture, including major labels, embrace what’s going on, I think that’s going to raise everyone’s boat,” Cash said.

Michael Geist’s take In Good Company - the summary:

The U.S. approach is quite clearly one of “do what I say, not what I do” (fair use is good for the U.S., but no one else), advising country after country that it does not meet international TPM standards (perhaps it is the U.S. that is not meeting emerging international standards), and criticizing national attempts to improve education or culture through exceptions or funding programs. Moreover, it is very clear that the U.S. lobby groups are never satisfied as even those countries that have ratified the WIPO treaties or entered into detailed free trade agreements with the U.S. that include IP provisions still find themselves criticized for not doing enough.

Canadians should not be deceived into thinking that our laws are failing to meet an international standard, no matter what U.S. lobby groups or the Globe and Mail say. Rather, Canadians should know that our approach - and the criticism that it inevitably brings from the U.S. - places us in very good company.

Canadian Music Creators Coalition
International Intellectual Property Alliance

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