Infringement Nation

John Tehranian, Professor of Law, University of Utah has just published a paper entitled Infringement Nation: Copyright Reform and the Law / Norm Gap.

The paper details the massive void between copyright norms (what people do) and copyright law in the United States. Fueled by some of the most unbalanced copyright laws in the world Teranian presents a shocking scenario. “To illustrate the unwitting infringement that has become quotidian for the average American, take a day in the life of a hypothetical law professor named John.

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By the end of the day John has committed eighty three acts of infringement and faces liability in the amount of $12.45 million (to say nothing of criminal charges). There is nothing particularly extraordinary about John’s activities. Yet if copyright holders were inclined to enforce their rights to the maximum extent allowed by law, barring last minute salvation through the notoriously ambiguous fair use defense, he would be liable for a mind boggling $4.544 billion in potential damages each year. And, surprisingly, he has not even committed a single act of infringement through P2P filesharing. Such an outcome flies in the face of our basic sense of justice.

With new Canadian legislation rumoured to be even more draconian than US legislation, including even fewer exceptions than American legislation the average Canadian can most likely look forward to a similar or even worse exposure to litigation.

Not So Polite Revolution

The Globe & Mail published a column (07/03/07) by John Ibbitson entitled ‘Canada’s Kyoto’.
In this article Ibbitson writes “Copyright owners, from garage bands to Disney,
want strict prohibitions on practices and technologies that allow people to record,
copy and download copyrighted works”. He also indicates that the USA is not amused
with Canada. We are, apparently, failing to tow the line.

CMCC (here), Charlie Angus (here), Michael Geist (here), (and here), Laura Murray (here),Russell McOrmond (here) and Howard Knopf (here), (and here) have all written responses to the Ibbitson column.

Copycamp: mayhem works

COPYCAMP – Toronto September 28-30, 2006

A three day ‘unconference’ organized by the Creator’s Rights Alliance (CRA-ADC) and brought together by, among others, Susan Crean (CRA-ADC) and animated host Misha Glouberman. Over three days the vigorous transition towards a more open and sharing creative environment became readily apparent.

CopyCamp was awash with equal parts vulnerability, arrogance, conviction and uncertainty. CRA-ADC and other artists collectives like CARFAC have traditionally championed more restricted access to copyrighted material, with a focus on the ‘promotion and protection of the interests of creators’: a focus on the business of creation and on getting paid. Few would argue that this is a commendable endeavor. But by the final afternoon many of the old guard were being confronted with the reality of a broader notion of how we support, encourage and interact with creators. And this includes the possibility of opening up and letting go. As with all historic transitions it’s a difficult one , made more difficult by the legal, political and practical complexities of copyright. But it is the capacity to recognize change that characterizes growth and new forms of creativity.

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Ottawa Meetings

Representatives from the Appropriation Art Coalition recently met with the Government and Opposition Parties. Discussion was very positive and focussed on the key issues voiced in the Appropriation Art letter of concern. We were pleased to receive advice from the MP’s and are currently exploring suggested initiatives. We look forward to working with all parties in ensuring that future copyright reform addresses the real needs of all Canadian Artists