Meera Nair

my brief for the Copyright Review

In Posts on June 1, 2018 at 11:14 am

As submitted to the Standing Committee:

Thank you for this opportunity to contribute to the examination, and potential revision, of the Copyright Act. This subject has occupied my attention for nearly fourteen years, through life as a graduate student, teacher, researcher, administrator, and parent.

Copyright is a seemingly straight-forward provision; a measure within law that allows a copyright owner to monetize intellectual effort, by controlling (among other things) the right of reproduction. This control is not absolute; it is limited in time by expiry and in space by some rights of use (those statutory exceptions defined in the Copyright Act). Taken together, rights of control and rights of use form the system of copyright and might foster future creativity.

An impediment to fruitful operation of the system is the misunderstanding that authors lie at the heart of the system. Whereas the system was only designed to bring some stability among feuding 18th century publishers. Nevertheless, for over three centuries, control via copyright expanded in depth and breadth, always through the plea that authors were living in poverty. One may rightly ask: if authors are still in dire straits after 308 years of copyright expansion, is copyright their real problem and can it provide a meaningful solution?

The rhetoric escalates with every revision of the Copyright Act; copyright is deemed essential to the very existence of Canadian culture. But copyright is a blunt instrument; it cannot distinguish between literary superstars and novice writers, between fostering a homegrown operation and an international publishing conglomerate, and, between writing for an audience and writing for financial gain. Revision of the Act must be carefully handled, with the commercial trade imbalance kept uppermost in mind.

On the following pages are my recommendations for action the Federal Government could undertake, with (and without) change to the Copyright Act. Four themes are addressed:

  • Preserving Canadian content.
  • Deterring copyright abuse.
  • Fostering Canadian creativity, exceptions and other means.
  • The system of copyright, in support of reconciliation.

Regards,
Meera Nair, Ph.D.
Edmonton, AB

 

  1. […] excellent submissions to the review include Meera Nair’s and the Dalhousie Faculty […]

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