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And We Quote...

in cra-briefings39 · November 15, 2006

Take away from English authors their copyright and you would very soon take away from England her authors.

— Anthony Trollope, Autobiography, 1883

Alliance Activities

in cra-briefings39 · November 15, 2006

CopyCamp unfolds in Toronto

The CRA/ADC’s long awaited event about art, technology and law, took place in Toronto the last weekend in September. One hundred and fifty people from across Canada and abroad gathered to talk about copyright, making art and making a living on the Internet. In addition to three special sessions – a discussion about building the commons with Michael Geist (Creative Commons, Canada) and Mike Holderness (CRA UK), a workshop on the Virtual Shopping Mall proposal presented by Quebec CRA members, and a conversation between CRA co-chair Susan Crean and IP activist Geoff Tansey – an Electronic Salon was held on both Friday and Saturday. However, true to its “un-conference” approach, most of the time over the two days was spent in small, self-organized sessions.

The Electronic Salon

The Electronic Salon featured a presentation on Friday by Toronto artist Geoffrey Pugen entitled “Online Personalities, Institutions, Museums and Games, about artists using the Internet and appropriation to create virtual environments and narratives”. Pugen invited one of the ten artists featured, Nathaniel G. Moore (whose www.bowlbrawl.com comes complete with documentary clips, and an explanatory book sold at Indigo’s), to be present with him and to engage participants in conversation about his humorous, to-be-believed art practice. (Pugen’s line-up is available on the CopyCamp wiki.)

On Saturday, “pop culture provocateur” and Indie culture aficionado Jim Munroe hosted Electronic Salon II with “Art Slips Free—Rethinking how Culture is Produced”. This involved a lengthy discussion of new approaches to production and distribution which by-pass commercial systems and are based on collaborative (largely free as in gratis) enterprise.

The Un-conference

The program of an ‘unconference’ is said to be its list of participants. As the organizers, and CopyCamp host Misha Glouberman, kept reminding everyone, CopyCamp belongs to the participants to make of as they wished; so if people didn’t like the topics on offer, it was up to them to propose their own. People started proposing their own session on the CopyCamp wiki two weeks before CopyCamp opened, and continued throughout the two days at Ryerson University’s Student Campus Centre. Sessions would be announced to the assembled participants at opening and closing gatherings, and would then be posted on the large schedule plastered on the wall of the main meeting room. (Notes taken at each one of these sessions can be reviewed on the wiki. Or from the CopyCamp main page, click on the “Participate” tab.)

There was a huge range of subjects including: Appropriating the Indian; Are professional necessary?; Authors’ rights Vs. Copyright; Can Someone please explain the economics of copyright to me? Moral Rights in the UK, The Collateral Damage of Rights Management, Fair Dealing Nuts and Bolts, Creative Commons 101; street art 101 – and many, many more.

Part of the CopyCamp un-conference process were two “plenary” sessions held the first day, the World Café and the Speed Geek which broke the large group into very small ones allowing for two things: direct conversation with a large number of other participants, and introductions to a dozen key/important ideas connected to the event – both accomplished in a very short period of time.

The structure worked extremely well; participants were enthusiastic, dialogue was spirited and informative, and the event offered a multiplicity if opportunities for people to connect across a host of professional, cultural, and technological divides. These differences – in points of view, in experience, and artistic profession – were reflected in the diversity of the participants themselves. Conversations were begun, and continue on the CopyCamp wiki.

For participant responses, see

We also have some photos of CopyCamp (from Bryce, Kris, John Degan, Phillip).

Special Guests

Six people took several days away from their studios to travel to Canada for CopyCamp. Journalist and CRA UK vice-president Mike Holderness and IP activist Geoff Tansey came from the UK, singer/songwriter Moana Maniapoto and filmmaker Toby Mills from New Zealand, and Mark Hosler of Negativland and Mike Linksvayer of Creative Commons came from the U.S. All were active participants, contributing hugely to the success of the event.

CopyCamp opened with a lively reception hosted by performer/organizer, and secretary of the National Aboriginal Achievement Foundation, André Morriseau. Festivities began with some comments from writer/activist Cory Doctorow (on the line from Los Angeles) and featured performances by dub poet Lillian Allen, and Moana Maniapoto with Toby Mills. Paul Hoffert (GCFC) said a few word to inspire and set the stage for the two days to follow. And Misha Glouberman introduced everyone to the discipline of ‘un-conferences’.

The Virtual Shopping Mall

CRA/ADC members from Quebec hosted a discussion of one of the ways the Internet can work for artists while respecting their copyright. The workshop explored the concept which answers three things:

  1. the need for easier access to cultural content which respects copyright;
  2. the need for convenient archiving and consultation services for the educational sector, for artists and researchers;
  3. the demand for an online commercial source of documents, music, books and artworks.

Presentations were made by André Cornellier (CAPIC), Christian Bédard (RAAV), Jean-Robert Bisaillon (SPACQ), John Bradley (technical consultant on ADEL project) and Michel Beauchemin, executive director of the Quebec playwrights’ union (AQAD) who pioneered the creation of the on-line archive of Canadian plays known as ADEL (Playwrights on-Line)*. The feasibility study conducted by Jean-Robert Bisaillon for the CRA/ADC over the summer was the background to the discussion of expanding the experiment.

The Virtual Shopping Mall concept envisages a complex of virtual boutiques: bookstore, cinemateque, video archive, concert hall, and library.

For more, see the conversation on the CopyCamp wiki and www.adelinc.qc.ca.

A Million Thanks !!

The CRA would like to thank the indefatigable CopyCamp Team: Denise Bolduc, Misha Glouberman, Phillip Smith (Community Bandwidth), Rose Swagemakers (Innovolve) and Virginia Jones.

The CopyCamp Sponsors: the Department of Canadian Heritage, the Canada Council for the Arts, SOCAN, The SOCAN Foundation, Reboot Canada, Trampoline Hall, and the Joseph Rowntree Visionary Award for a Just and Peaceful World.

And CopyCamp’s Special Friends: Lillian Allen, Michel Beauchemin, Karl Beveridge, André Corneiller, John Degan, Rob Emerson, Richard Fung, Allen Gunn, Paul Hoffert, Paul Knox, Claude Lafontaine, Neil Leyton, Russell McOrmond, Christopher Moore, Laura Murray, Joël Richard, Gabe Sawhney, Mark Surman, Ken Thompson, Trampoline Hall, Michael Visser, Darren Wershler-Henry and Greg Young-Ing and Harriet Friedmann.

WIPO Meetings

Quebec co-Chair Michel Beauchemin attended the 15th session of WIPO’s Standing Committee on Copyright and Related Rights, in Geneva Switzerland September 11-13th. The meeting focused mainly on the revised draft of a WIPO treaty on the protection of broadcasters. The objective was to adopt a draft treaty for submission to the general assembly of WIPO, due to take place September 25 to October 3rd. This would permit the convocation of a diplomatic conference to articulate the rights of broadcasters in the face of the growing problem with the pirating of signals in many parts of the world, including the pirating of digital signals preceding broadcast.

Unable to agree on a text, and divided on a number of points along north-south lines, the countries represented did wish the president to take a project so visibly divisive to the General Assembly. The draft, according to informed observers, would not likely have been judged sufficient to warrant a diplomatic conference in any case. Contrary to all expectations, however, the draft prevailed and a diplomatic conference was set for November 19-December 7th, 2007. Still, this diplomatic conference will only take place if an agreement is reached on the outstanding questions which is unlikely.

Updates

in cra-briefings39 · November 15, 2006

The Convention on protection of Intangible Cultural Heritage : Progress Report.

Over 60 nations have ratified the Convention for the Safeguarding of Intangible Cultural Heritage since the convention came into force in April of this year. In accordance with UNESCO policy, once 50 nations have ratified the convention a meeting is called to elect the committee that will responsible for the implementation of the treaty. This meeting for the Intangible Cultural Heritage treaty occurred in June and an Intergovernmental Committee was elected. Its second meeting will take place in November. For more information on the progress of the convention see UNESCO’s press release #2006-99.

European Commission ready to Ratify the UNESCO Convention on Cultural Diversity

The European Council adopted a decision on the ratification of the UNESCO Convention on Cultural Diversity approved by the European Commission on May 18, 2006. This decision authorizes the Commission to ratify the convention. The European Commission has stated that it intends for member states to ratify the convention, with a joint deposit of the ratifications with UNESCO as soon as possible. For more information on the strategy for ratification see http://ec.europa.eu/culture.

International Issues

in cra-briefings39 · November 15, 2006

A Book Search Service in Competition with Google?

HarperCollins has recently announced that, in cooperation with Libre Digital, it will launch a service called Libre Digital Warehouse that will allow its customers to search through its books on line. Though the initial service will include a minimal number of titles, Harper Collins is projecting that it will eventually include an archive of 10,000 titles, comprised of current publications as well as its backlist. This new service allows the publisher to determine what portion of a text is made viewable, and is otherwise controlled by it. Though HarperCollins is the first to set up this service, currently allowing customers to browse inside books, there is some expectation that this mode of exploiting the ‘net will be adopted by other publishers. For more information see Publishers Weekly. For more, see: www.publishersweekly.com.

Sweden’s Pirate Party Supports Anonymous Internet

Sweden’s Pirate Party has announced that it is supporting a “darknet”. A darknet is an anonymous Internet that allows individuals to share material without fear that their privacy will be compromised or their identities become known. This sharing can include the sharing of copyright protected material. The darknet was created by a company called Relakks which operates a portal that renders all data anonymous. The Pirate Party has declared its support for the system in the interest of the privacy of all Swedes, arguing that this placing of a high value on privacy is a key concern for Swedish citizens. For more information on this darknet and the Pirate Party’s support see www.slyck.com or www.bbc.co.uk.

Internet Sensors in Iran Remain Aggressive

Business Week online has reported aggressive Internet censoring in Iran. According to this report Iranian authorities are censoring the Internet for sexual content, discussion of international politics and chat rooms generally. Iranian citizens have been barred from accessing certain websites including the BBC’s Persian service. Those savvy about the Internet have used P2P networks to share information and avoid the reach of government censors. However, a number of bloggers have recently been detained by the government. Bloggers and other journalists can be charge under anti-subversion laws and face up to five years in prison. To date most of those who have been charged have been given conditional sentences. For more information on this situation see the report in Business Week Online. See: www.businessweek.com.

European Countries Grapple with Digital Rights Management

France’s controversial Digital Rights Management legislation has become law. It is now mandatory for those who use DRM technology to share that technology with their competitors, where the competitors make a request for it, and the company/group that created the technology is compensated. This legislation is much watered down version of the original bill put before the French parliament. The debate surrounding DRM remains politically hot in France. The main opposition party in the French parliament, the Parti Socialiste, has promised to revisit the laws if elected in 2007. However, it has not stated what the changes would be. For more information on the situation in France see www.zdnet.fr.

The debate surrounding DRM is not isolated to France, but has also been consumers’ rights agencies and others in Sweden, Denmark and Norway. Many such groups from all countries have written Apple Inc. to express concern about the DRM technology employed by Apple. There will likely be a meeting between these groups and Apple in the near future to explore the implications of DRM on consumer rights. More information on this situation can be found in Internet Law News. See: www.bna.com/ilaw.

Consumers Soon have Access to more Downloads

The DVD Copy Control Agency has announced that it will make adaptations to the group’s encryption technology and create a DVD that will allow users to copy downloaded movies from their computers to DVDs. This would enable consumers to watch movies on their television sets. This move is a response to the concern that the legal downloading services for movies being offered have not been catching on with consumers because of this limitation. Which may indicate a shift in the strategy on the part of the motion picture industry towards one which would make legal use so easy that the incentive for illegal means disappears. For more information on this development see www.dvdcca.org.

New Contracts in the United States for Actors

The American Federation of Television and Radio Artists (AFTRA) together with the Screen Actors Guild (SAG) are negotiating with the advertising industry for a new contract for AFTRA and SAG artists. This contract would apply when commercials are converted for use on the Internet. AFTRA has stated that it is seeking a new compensation system that would provide a new royalty each time an advertisement is streamed over the Internet. However, due to the distribution systems that dominate the Internet it has been difficult to devise. (Under the current proposal AFTRA and SAG members would see a 6% increase in pay and a 0.5% increase in union pension and health contributions while advertisers would be given greater flexibility in the way they can deal with their advertising.) For more information on this proposal see www.aftra.org.

Google and the Associated Press reach an Agreement for the Use of Content on the Internet.

Google and the Associate Press have reached an agreement that will allow Google to use the Associated Press’s photographs and headlines. The financial terms of the deal, which has reportedly been in the works for several months, were not disclosed. Following the announcement of the settlement, Google’s representative Sonya Borlav was quoted saying, “Google has always believed content providers and publishers should be fairly compensated for their work so they can continue producing high quality information. …We are always working on new ways to help users find the information they are looking for, and our business agreement with the Associated Press is one example of that”. For more information on this agreement see www.news.com.com.

Litigation

in cra-briefings39 · November 15, 2006

Video Blogger and Freelance Journalist in US Federal Prison

On August 1 2006 Josh Wolf, a 24 year old video blogger and freelance journalist, was jailed in the United States for contempt of court. The charges arose when the journalist refused to testify and hand over unpublished video-outtakes to a federal grand jury investigating a July, 2005 Anti-G8 demonstration. He was released on bail September 2nd, but was ordered back to prison September 22nd pending a hearing before the entire 9th Circuit Court of Appeals. There is debate over whether the federal prosecutors are overreaching their jurisdiction, given the nature of the event to which the journalist’s information is presumed to relate, or whether Wolf should have been protected under California’s shield laws. For more information on this situation see http://freejosh.pbwiki.com.

When interviewed by www.cnetnews.com, Wolf was asked whether he believed bloggers should be protected as journalists. He replied, “I feel that people should be protected when engaging upon journalistic activities.”

Sharman Networks Settle with Australian Recording Industry

Sharman Networks, the owners of Kazaa, have settled with the Australian Recording Industry. Pursuant to the settlement that was reported to be valued at over $100 million, Kazaa has agreed to screen all of the information shared over its network for copyright protected content. Interestingly, Niklas Zennstrom and Janus Friis, the internet billionares and developers of the Kazaa software, contributed to the payment of the cash portion of the settlement even though they sold the project to Sharman several years ago. For more information on this settlement see www.usatoday.com.

Music Labels Sue Limewire

Music labels including SonyBMG, Virgin Records and Warner have accused the P2P network Limewire and the company’s officers for copyright infringement. The industry representatives are seeking compensatory and punitive damages of $150,000 for every song copied without permission. The Recording Industry Association of America has stated that legal action against Limewire was necessary as the company did not show sufficient interest in developing a legal business model, unlike other P2P businesses that have done recently. For more information on this case see http://news.zdnet.com.