Canada leads the way in online copyright lobbying

In the pre-Internet days, lobbying meant writing letters to elected and government officials, getting press coverage, joining government arranged discussions and consultations, and holding a special event on the Hill. All these traditional lobbying means still exist, but a new and potentially more effective lobbying tool has entered the fray, the social networking site that's a favorite among teenagers: Facebook.

What is Facebook?

According to its Web site (www.facebook.com), Facebook is "a social utility that connects you with the people around you." It is one of the social networking sites that attract people with the same interests to form a community and communicate online with one another. In its own words, Facebook suggests you use its site to:

Keep up with friends and family
Share photos and videos
Control privacy online
Reconnect with old classmates
Discuss interests and hobbies
Plan parties and other events

In other words, Facebook is an unlikely place for 40,000 people to gather with the same concern: revision of the Canadian copyright law.

Copyright Reform in Canada

The current Canadian Copyright Act came into effect in 1924 and remains the Canadian copyright law, subject to amendments. As with the case with most copyright legislation, the Act was written in technology-free language using language such as "the right of reproduction." Even in 1924, this technology-free language was flexible enough to apply to newer technologies such as the photocopying machine, scanner and the Internet. Subject to amendments, and with this language, the Act adequately applies to many current day situations.

Major amendments to the Act were made in the past two decades. In 1996, the World Intellectual Property Organization ("WIPO") adopted two new treaties, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, which address copyright protection in the digital world. The Canadian government signed the treaties (but did not adopt them) in December 1997. Each country must amend its own copyright laws prior to actually adopting the two new treaties and being part of the international community who provide and benefit from national treatment in each other's countries. Canada has yet to amend her laws to meet the obligations in the new treaties.

Facebook's Effect

The Canadian copyright community has been expecting a copyright reform bill to be introduced into the House of Commons. Most recently, this was expected in December 2007. Although the exact contents of the bill is unknown, many predict that it mirrors the somewhat controversial U.S. Digital Millennium Copyright Act ("DMCA") passed in the U.S. in 1998 to update the U.S. Copyright Act to meet the U.S. obligations in the two new digital treaties. Various individuals and interest groups have been lobbying the Canadian government against a U.S.-style DMCA in Canada, and seeking a more balanced approach.

A Facebook group was formed, named Fair Copyright for Canada, and within weeks in December 2007, the group grew to nearly 40,000 Canadians. Group members wrote and called their elected representatives, educated their own communities and staged protests, against the proposed Canadian copyright reform bill. This attracted attention in Canada and in other countries. The bill was not introduced and as of March 2008, has still not been introduced. With its effective lobbying track record in a short time, the Facebook Fair Copyright for Canada group continues to work together to bring Canadians from across the country actively involved in copyright reform issues.

Just a few months ago, it was likely no one imagined that a group on Facebook on copyright reform would attract members so quickly, gain international attention, and be so successful in its efforts.

CERTIFICATE IN COPYRIGHT MANAGEMENT – SLA is offering a 7 course program on copyright. Five of the courses are online; and two of them are in- person. See: www.clickuniversity.org.

SEATTLE IN-PERSON SEMINARS AND CONSULTATIONS – Lesley will be instructing 2 full day seminars in Seattle on June 14 and 15 at the SLA Annual Conference. One is on Managing Copyright Issues; the other is on Educating Others About Copyright. See: www.sla.org. While in Seattle, Lesley is available to meet with you to discuss your copyright issues. To arrange a consultation, contact Lesley at: contact@copyrightlaws.com.

Lesley Harris is a copyright lawyer and has been the editor of the Copyright & New Media Law Newsletter since 1997. She writes a regular column on copyright issues in Information Outlook.

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