CRA-ADC

And We Quote...

in cra-briefings35 · March 01, 2006

As a country, we are at risk of losing millions and millions of items that constitute our heritage and our culture because of lack of conservation and planning. And libraries fare the worst when it comes to dedicating resources to the preservation of works. So conservation efforts are paramount…Merely because our library possesses a digital copy of a work does not mean we are entitled to, nor will we, ignore the law and distribute it to people to use in ways that are not authorized by copyright.

— Mary Sue Coleman, President of the University of Michigan, on the subject of Google book search

Alliance Activities

in cra-briefings35 · March 01, 2006

• The Indigenous Peoples’ Caucus convened a meeting of artists and representatives of the Native arts community in Toronto on February 11th at the Ontario College of Art and Design. Twenty-five people attended the session chaired by IPC chair Greg Young-Ing, including Yvette Nola, artistic director of Native Earth Performing Arts, Rose Stella, director of the Centre for Indigenous Theatre, and journalist and elder, Duke Redbird. Alliance co-chair Susan Crean was also in attendance. The work of the Alliance, particularly the activities of the IPC on traditional knowledge was discussed, and several groups indicted their intention to join.

• The Steering Committee of the Alliance met in Toronto on February 10th and has approved the work plan for the current year, as well as nd a new arrangement with the Creators’ Copyright Coalition and DAMIC (Droit d’auteur / multimedia / Copyright) to provide each with coordinating and research. A DAMIC-CCC Research Committee was subsequently set up to direct the research program for the coming year. The Steering Committee also set in motion plans for the Autumn event Copyleft / Copyright / Copywrong Is Copyright obsolete in the Digital Age? This will be designed as an opportunity for artists and creators to share information and experiences about distributing their work on the Internet. It will feature an electronic salon highlighting some of these projects. Artists and activists from across Canada and from abroad will be on hand to discuss their work and their experiments with new forms of contracts (such as the Creative Commons licence) and business models. The event will close with an address from the popular Brazilian performer, Gilberto Gil, who is also Brazil’s Minister of Culture. The event will be held at the end of September at Ryerson University in Toronto and is being sponsored by the School of Journalism. Keep you eye on this space for more details!

• The Alliance welcomes new members : Full Circle First Nation Performance and Land Insights / Terre en Vue.

Updates

in cra-briefings35 · March 01, 2006

WHAT’S NEW AT WIPO

The African Regional Intellectual Property Organization (ARIPO) has opened a regional intellectual property training centre in Zimbabwe. Dr. Kamil Idris, WIPO’s director general and the Centre’s namesake, highlighted the need for regional and international cooperation in the promotion and establishment of an IP culture. At the inauguration ceremony in Harare, Dr. Idris commended the members of ARIPO for their commitment to the use of IP as a strategic tool for development a wealth creation. ARIPO, established in 1976, “promotes the harmonization of IP procedures, awareness-building and the administration of IP among its 16 member states”. These include Botswana, Ghana, Kenya, Malawi, Mozambique, Somalia, Tanzania, Uganda, Sudan, Sierra Leone, and Zimbabwe. (For more information on the launch of this project see WIPO press release Update 266/06.)

WIPO has convened a provisional committee to devise a development agenda for the organization. The proposal for the establishment of a Development Agenda was first advanced by Argentina and Brazil at the WIPO General Assembly in 2004 with the support of 12 other countries. The first session of the committee was held in Geneva in February 20-24, and attended by 98 members. Six main themes have been articulated as a framework for shaping the agenda:

1. Technological assistance and capacity building
2. Norm-Setting, public policy and public domain
3. Technological transfer, information and communication technology, access to knowledge
4. Assessment evaluation and impact studies
5. Institutional matters including mandate and governance
6. Other issues pending. The second meeting is scheduled to take place in June in Geneva.

(For more information on this project see WIPO press release 267/06.)

CONSUMERS’ INTERNATIONAL STUDY

Consumers International has released a study of copyright law in eleven Asian countries, which is highly critical of the legislative advice that WIPO has been giving to developing countries. The report points to the fact that many developing countries are bowing to the pressure coming from WIPO and powerful developed countries to implement laws with measures that go beyond the protections the WIPO treaties require. The multilateral treaties between the US and a variety of countries in Latin America and Asia tie trade policies to the implementation of DMCA like measure protecting IPS, Rights Management Information and technological protection mechanisms. The contents of the report Copyright and Access to Knowledge: Policy Recommendations on Flexibilities in Copyright Law can be found at www.consumersintl.org.

Canadian Issues

in cra-briefings35 · March 01, 2006

THE AFTERMATH OF Bill C-60

Though Bill C-60 died on the order paper when the federal was called in November, the effects of the draft legislation are still being felt. An example of this is an out-of-cycle review of Canada’s status being conducted by the Office of the United Stated Trade Representative. Canada is currently on the Watch List of countries that are grappling with changes in international intellectual property law (eg. The WIPO treaties), and there is a some expectation that the US may elevate Canada to the Priority Watch List. Both the American Association of Publishers and the International Intellectual Property Association have issued scathing criticisms of copyright law in Canada. The text of the IIPA’s report can be found at www.iipa.com. More information on the US review can be found on the web site of the office of the US trade representative at www.ustr.gov.

PUBLIC DOMAIN REGISTRY

On March 3, Access Copyright, Creative Commons Canada and Creative Commons US announced that they are collaborating in the creation of an online registry of Canadian works in the public domain. While this project will not involve the digitization of works, it will identify works that are in the public domain and, where possible, point to a location on the net where a digitized version can be found. The aim of this project is to provide a resource to Canadian industry, creators, educators, the international community, and the public at large, and to encourage the digitization of archival works. Its purpose is to identify much needed content and to put Canadian culture at the forefront of the international movement to preserve the public domain and make it accessible. The registry will be free-of-charge. For more information on this project please see www.accesscopyright.ca or www.globeandmail.ca.

NEW PLAYERS on the COPYRIGHT SCENE

With a new party in power in Ottawa, comes the introduction of new players on the national copyright scene. The following individuals will be key contacts as we prepare to for new copyright legislation:

Department of Canadian Heritage

Conservative Minister: Bev Oda
NDP Critic: Charlie Angus
Liberal Critic: Mauril Belanger
Bloc Critic: Maka Kotto

Department of Industry

Conservative Minister: Maxime Bernier
NDP Critic: Brian Masse
Liberal Critic: Jean Lapierre
Bloc Critic: Paul Crete

Copyright Policy Branch

Director General: Patricia Neri

International Issues

in cra-briefings35 · March 01, 2006

GOOGLE PUTS AMERICAN NATIONAL ARCHIVE VIDEO ONLINE

One hundred archival videos from the US National Archives are being put online by Google. This represents the first part of an ongoing project to digitize 114,000 film reels and 37,000 videos of historical significance in the Archive collection. Google has released details of the non-exclusive arrangement to make this content available and has asserted that all of the material involved is in the public domain. For more information on this project see http://video.google.com.

US REPORT OF ORPHANED WORKS

The United States Copyright Office has released a report on orphaned works. These are works whose term of copyright has not expired under US law, but whose copyright owner cannot be found. When someone wishes to make use of the work and needs permission, the project can be stopped if the owner cannot be found. The report is based on 850 inquiries. Though a number of options have been presented to the Copyright Office, the report indicates that the Office is leaning toward a solution that would include an obligation for a reasonable search for the owner and a corresponding limitation on liability. The Office has realized that the terms of both provisions would need to be developed through legislation. For a full copy of the report please go to www.copyright.gov/orphan/orphan.report.pdf Canada has a process for dealing with unlocatable copyright Copyright Board of Canada. People seeking to use a work, through a preliminary search, make application to the Board. search conducted by major collectives to determine whether unlocatable and whether a license should be issued. owners administered through the having failed to locate the owner. The Board relies on a secondary or not the rights holder is in fact unlocatable and whether a license should be issued.

RECORDING INDUSTRY PIRACY WAR CONTINUES…

The recording industry continues in its efforts to shut down networks involved in the licensed sharing of copyright protected material. Most recently, officials in Belgium and Switzerland announced the shutdown of the Razorback 2 server that was one of the largest servers on the EDonkey P2P network. Many people question the strategy as users simply migrate to other servers or become users of darknets. For more information on the shutdown of the Razorback 2 server please see www.news.com.

CHINESE GOVERNMENT SHUTS DOWNSITES OVER COPYRIGHT

In response increased international scrutiny amid growing criticism of its laxness in enforcing IP rules, the Chinese government recently announced that it has shut down 76 sites accused of copyright infringement since last September. Yan Xiahong, the deputy director of the Chinese National Copyright Administration, has acknowledged that “Internet copyright infringement has become increasingly rampant”. Many in American-based production industries have questioned whether this will be enough to combat piracy in the world’s second largest Internet market. See: http://www.china-embassy.ch/ger/fyrth/t235877.htm

EDUCATIONAL USE of the INTERNET in AUSTRALIA

Educators and the Copyright collective in Australia are at odds over the fee to be charged for browsing Internet content. The dispute that will likely be heard at the federal court, has led to a statement by Delia Browne, the national copyright director for the Ministerial Council on Education Employment Training and Youth Affairs, that teachers will turn off the Internet in schools if they are required to pay a royalty for browsing. In Australia, schools currently pay approximately $10.00 per year/per student for rights to reproduce works in schools. www.australian.it.com.

Litigation

in cra-briefings35 · March 01, 2006

RIM

On March 3, Research in Motion and NTP Inc. settled a long-festering patent dispute for $612.5 million. The payment includes settlement of the action as well as a perpetual licensing fee for all future use of technology that may be covered by NTP patents. This settlement will allow the continued production and marketing of the popular blackberry service by Research in Motion. For more information on the settlement see : www.rim.com/news/press/2006/pr-03_-3_2006-01.shtml

AGENCE FRANCE PRESS BACK in COURT with GOOGLE

Agence France Press (AFP) has long asserted that it has a copyright interest in its headlines. In light of this, AFP has brought legal action against Google asserting that Google’s indexing service relies on these headlines and is therefore an infringement of AFP’s copyright. Google has argued that headlines, like titles, names and slogans are not protected by copyright and would better be covered by trademark. Though this case is in its early stages the court is set to determine if headlines are copyrightable. A finding that they are could be a huge blow to indexing services on the Internet like Google. For more information on this case see the E-Commerce Law Daily Vol.11 No.3, BNA.

ARTIST TAKES ON AMAZON

Can one man take on Amazon for alleged copyright infringement? In the statement of claim it has been alleged that Amazon has infringed the copyright of reclusive cartoonist, Robert Crumb, by using his character from Zap Comix and the slogan “Keep On Truckin’” when the service is unable to locate a product the customer is looking for. Though Amazon reportedly discontinued use of this material when contacted by Crumb’s lawyers, the lawsuit will be heard at the US federal court in Seattle. For more information on this case see the Globe and Mail December 28, 2005.

THUMBNAIL IMAGES HAVE LICENSING VALUE

Perfect 10, an adult website, recently sought and obtained an injunction against Google’s image search service for the use of thumbnail copies of Perfect 10’s images in its web browsers. Though the injunction does not, in and of itself, determine the legality of this use of poor quality images, it does indicate that this kind of use could be considered a violation of copyright law. Justice Howard Matz of the United States District Court in Central California held that the injunction should be granted because the use of the thumbnail images undercuts Perfect 10’s ability to license the images. Critics have suggested that this case may have significant implications for other cases that have been brought against Google’s book search service. This decision went against an earlier ruling of the United States Court of Appeal (9th Circuit) in Kelly v. Arriba Soft, wherein it was held that the use of thumbnails in image search functions did not violate the copyright of the producer of the original work. Google had relied on this case in its defense. The distinction between these two cases is the argument about the commercial value and thus the licensability of the work, an argument that could work in favour of other authors and publishers fighting with Google. The full text of this decision can be found at http://i.i.com.com/enwk.ld/pdf/ne/2006/googleperfect10.html

NEW CHALLENGES WITH KAZAA

The case brought by several music labels and industry associations in Australia against Kazaa continues to work its way through the appeal process in Australian courts. At issue in the appeal is whether or not Kazaa “authorized” infringement. Sharman Networks, the owners of Kazaa, are appealing the original decision on points respecting the need to install piracy filters. John Ireland, counsel for Kazaa, has argued that the business model of Kazaa was not to provide unlicensed content and therefore it should not be held liable for authorizing copyright infringement. For more information on the status of this case see http://australianit.news.com.au

Global Artists' Issues: focus on international arts organizations

in cra-briefings35 · March 01, 2006

INTERNATIONAL FEDERATION OF MUSICIANS

www.fim-musicians.com—The International Federation of Musicians (FIM) was founded in 1948 and is now recognized as the leading international organization representing musicians. FIM states that its main objective is to protect and further the economic, social and artistic interests of musicians globally. In furthering this objective, it has become active in a number of international projects, having acquired NGO status at UNESCO as well as the International Labour Office (ILO), WIPO and the United Nations. Their work at UNESCO has involved consultation on the drafts of the newly launched treaty on cultural diversity, the Convention for the Protection of Diversity of Cultural Contents and Artistic Expression. FIM has also been involved in consultations with the Council of Europe, the European Council, and the European Parliament. FIM supports the development of music organizations in countries around the world, and in recent years has encouraged the establishment of regional organizations in Africa and Latin America. Projects are not limited to the developing world, however, as FIM has also been actively involved with the defence of musicians’ rights in well-established and otherwise affluent jurisdictions like the United States. Recently, music unions there had to take action to ensure that taped music did not replace live musicians in Radio City Music Hall’s annual Christmas Spectacular. The American unions were supported in this effort by RIM. In addition to its work on fair contract and legislative rights for individual artists, the FIM has worked to educate creators on the current challenges and changes facing the cultural industries, and the repercussions of both globalization and digitization on the creative professions. This work has included the presentation of conferences on subjects like the use of P2P services.

CREATORS’ RIGHTS ALLIANCE—UNITED KINGDOM

www.creatorsrights.org.uk—The Creators’ Rights Alliance UK is a group of 16 national organizations representing creators working in the media marketplace (mainly broadcasting, film and publishing) in the United Kingdom and Ireland. As an alliance of media unions and collectives, it campaigns against the erosion of income and loss of rights experienced by freelance professional working in the newspaper, magazine and broadcasting sectors. It works to defend and improve creators’ rights and to promote the understanding and recognition of these rights in the industry and with the public. The CRA UK is particularly concerned about the impact of large media corporations on professional standards, and focus on the imbalance of power between individual creators and the producing / distribution companies offering them contracts. In response to this situation, the CRA UK has been negotiating with broadcasters, publishers and producers, pressuring them to adopt fair and equitable terms in licenses that do not require creators to waive their moral rights, for example, and allow creators to retain rights over secondary uses. In arguing its position, CRA UK uses human rights language, something that is proving to be a point of controversy on the international arena where pharmaceutical companies have similarly claimed IP rights to be human rights. A summary of the issues being addressed by the CRA UK can be found in their submission to the Culture Media and Sport Committee of the House of Commons that is conducting an Inquiry into the New Media and Creative Industries. In terms of future development CRA UK stresses the importance of preserving viable old models while creating new ones that ensure creators are rewarded fairly for their work and are treated with respect, and which will ensure the opportunity for the development of new talent. The Committee has highlighted the following as the issues currently facing creators and creative industries:

• Moral rights
• Impact of plagiarism
• Management of rights in a digital age
  • As these relate to illegal posting of protected content
  • As these relate to publishers requesting extensive assignment of rights

Specific attention is paid to issues that creators are facing in terms of their negotiating power in the media marketplace. As individuals creators are generally in a weak position as compared to the parties that are seeking the rights to their works. The CRA points to the practices of organizations like the BBC and Financial Times which present non-negotiable contracts to freelancers, and Oxford University Press and the Condenast publishing empire which offer contracts that call for a blanket assignment of rights. CRA UK and its members have raised concerns about the impact these contracts have on the secondary income of creators, and have been particularly critical of the public broadcaster for shirking its obligation to be a fair employer. CRA UK has also been vocal in its opposition of the new Creative Archive and the Creative Archive Licence Group, projects designed to make archival audio/visual material in public collections (including those of the BBC, the British Film Institute, and the Learning Channel) available to the general public. It has been critical of these projects for a number of reasons, including the lack of communication with creator groups, and for failing to develop a responsible attitude about copyright with the general public, particularly through use of slogans like “find it, rip it, mix it, share it”.

Watch For... (meetings, conferences, events)

in cra-briefings35 · March 01, 2006

MARCH

• 1- 4 Canadian Music Week Toronto, ON
• 3 Writers for Peace Day—Pen International
• 6-9 World Conference on Art Education http://portal.unesco.org/culture/en/ev.php
• 21 World Poetry Day
• March 29-April 2 Writers for Peace International Meeting. Bled, Slovenia

APRIL

• 4-6 EuroAmerica Telecom 2006, Digital Content: Mobile, Wireless and Internet Strategies and Resources Montreal, PQ www.telecom-expo.com
• 5-9 Blue Metropolis—Montreal International Literary Festival “The City of Words” Montreal www.blue-met-bleu.com.
• 7-9 EFJ Annual Meeting Bled, Slovenia
• 11-14 Montreal International Conference: The Textbook Worldwide: Past Present and Future
• 23-26 International Copyright Symposium Montreal, PQ www.anel.qc.ca.
• 24 World Piracy Convention Los Angeles, California
• 27-30 Collage 2006: Cultivate Create Celebrate Toronto, ON www.orffcanada.ca.

MAY

• 1-5 WIPO: Committee on Copyright and Related Rights, 14th Sessional meeting, Geneva
• 4-7 3rd International Cultural Heritage Conference Cordoba, Argentina www.iccs-cicc.ca.
• 15-16 WTO General Council. Meetings will also be held July 27-28, October 10-11 and December 20-21
• 22-26 1st World Conference on the Power of Language Bangkok, Thailand www.poweroflanguage.org.
• 22-23 Rebalancing Globalization. OECD Forum, 2006 Paris, France

JUNE

• 15-16 Canadian Library Association Conference and Trade Show
• 14-18 World Summit on Arts and Culture Hosted by the Arts Council of England Newcastle Gateshead, England
• 22-29 American Library Association Annual Conference New Orleans, Louisiana

JULY

• 12-16 Fourth International Conferenceon Cultural Policy Research Vienna, Austria