From: AngusC0@parl.gc.ca
Sent: Thursday, March 25, 2010 4:35 PM
To: dwindsor@writersunion.ca
Subject: RE: Copyright Act

Dear Ms. Paris,

Thank you for your note of concern over my recent proposals to amend Canada’s Copyright Act. I appreciate the time that you – along with many of our colleagues in the writing and publishing industries – took to make me aware of your concerns. I have read some comments in the media that the efforts I put forward will "legalize theft" and "destroy Canadian culture.” These comments are unfortunate and do little to advance our desire to bring forward copyright legislation that is balanced and supportive of artists.

As a writer with five books published, I know the writing trade well. I also published a magazine, HighGrader, for 10 years and worked as a freelance writer for numerous publications. I firmly believe in the right of artists and other cultural industry stakeholders to being fairly compensated for their works.

On March 16 in the House of Commons, I introduced two proposals to amend the Copyright Act, in an effort to raise discussions on the need to bring in long-overdue legislation.

Taken together, these proposals constitute a balanced approach to Canadian copyright, which I believe is the only approach that has a hope to fix our system in a way that reflects the realities we face today.

The first proposal was a bill (C-499) that would update Canada’s Private Copying Levy to the realities of the 21st century, by extending it to next generation devices like the iPod. The levy is a Canadian success story that has compensated artists for the private copying of their work since 1997 when it was introduced. Monetising the system in a way that compensates artists for the consumption of their works, while still providing consumers with reasonable access to the work, holds the best hope for the future that I can see.

The second proposal was a motion (M-506, click on “Items outside the Order of Precedence”) that would amend the existing language of the Copyright Act around Fair Dealing to reflect the Supreme Court of Canada’s decision on the matter. The proposal would make the list of affected categories illustrative, rather than exhaustive, and would spell out the parameters of what constitutes Fair Dealing.

M-506 essentially seeks to codify the ruling of Canada’s top court when it said that Fair Dealing is an inalienable user’s right enshrined within the Copyright Act. It is not, as some suggest, simply a feeble defence of illegal behaviour. Ignoring Fair Dealing – or simplistically dismissing it as ‘theft’ – cannot be an option for anyone who is serious about making Canada’s copyright regime work in the future.

Make no mistake about my beliefs; when pirates illegally acquire and re-distribute our works as creators, the full weight of the law should greet their actions. At the same time, we need to clarify rules around how educators, researchers and satirists can have fair access to works.

As an opposition MP in this parliament, it’s often frustrating to watch the governing party in action. For more than 4 years the government has claimed that copyright was a priority. They’ve had more than enough time to introduce and reintroduce innumerable “crime packages” and yet we’ve seen only one abandoned effort at copyright legislation, which was cynically tabled just a few sitting days before the Prime Minister dissolved the House and forced an election in 2008.

I want to start an adult conversation about copyright that stands a chance of turning into a real solution. This requires going beyond the rhetoric about “fair copyright,” and turning it into action. I thank you taking part in the conversation. My hope is that, ultimately, we can strike a balance in Canada that rewards the cultural community for its valuable contribution to society.

Attached are several links to video and articles that I hope you’ll take the time to look at, in order to keep the debate going.

Many thanks,

- Charlie

Please click on the following links for information and commentary on my proposals to update the copyright act:
- The footage of me introducing the Bill and Motion in the House
- CanWest Politics Blog
- The Edmonton Journal’s endorsement of the bill
- The Globe’s Editorial on the copyright proposal
- Windsor Star Blog on Copyright Act amendments

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