Guest post by Jeremy Buhler, SLAIS LIBR 561 Information Policy Class 

“The Conservatives will introduce a copyright reform bill substantially similar to C-61.”  This statement was the largely unspoken subtext framing the small-group discussions on intellectual property at the 2008 BCLA Information Policy Conference.  Because the anticipated legislation is expected to be similar to C-61 the group spent most time discussing that bill, a retrospective exercise that was still useful to a novice like me.  Abstracting from the questions and concerns raised, there are at least three characteristics of C-61 that we should watch for and oppose in any descendent bill:

1. The bundling with provisions that do not belong in copyright legislation.  Think service bundling with lock-in.  C-61 covers DRM measures and educational licensing agreements in ways that limit existing rights and exceed Canada’s international copyright obligations.  The over-representation of these or any other issues should raise red flags: why is this here?

2. Emphasis on commercial rather than creative interests.  The copyright debate is sometimes framed as a compromise between creators and consumers.  In the past this may have been the case, but in C-61 the real compromise is between consumers and industry (publishers, content providers, copyright collectives, etc).  Pay close attention: will new legislation really support content creators or is talk about artists a smokescreen for bias toward industry?

3. Shifting responsibility from individuals to service providers.  Should libraries be required to ensure digital copies of copyrighted material self-destruct after 5 days?  Should ISP’s be responsible for the content posted or accessed by their customers?  We didn’t think so - individuals need to be accountable for their own actions.  Be on the lookout for any measure that forces service providers to double as law enforcers.

How should we respond to the threat of regressive copyright reform?  Group consensus was to “keep making noise.”  Last year’s successful opposition to Bill C-61 has established a viable resistance model, but I sensed a hint of complacency in our acceptance of old battle tactics. The campaign against C-61 was largely defensive, but until Son of C-61 rears its head we have a chance to make offensive, proactive “noise”.  Michael Geist’s copyright pledge may be a good lead to follow.