[d@DCC] C-36 thoughts

[tOM Trottier]

For web stuff, I suggest emailing a notice of the URL(s) be made sufficient 
under the future regulations, along with the approximate frequency of update to 
aid their scheduling of trolling.

There is a problem with defaulting to public domain if no copies are filed. If 
the publisher is not the author, she should not have the right to remove the  
copyright of what she publishes. I'd change it to say that no deposit is 
"required" if the material explicitly says, "Released to the Public Domain" or 
"CopyLeft."  Then the publisher is explicitly abandoning copyright and the 
author will know it when she sees it published.

tOM

On Sunday, May 25, 2003 at 21:50
mskala at ansuz.sooke.bc.ca <discuss at digital-copyright.ca> wrote:

> I've had a chance to take a more serious look at Bill C-36 now, and some
> of my thoughts are in my Web log here:
>    http://ansuz.sooke.bc.ca/lw/?id=2003052501
> 
> I'm pleased with the bill overall - I think the people who wrote it were
> paying attention to the right issues, and that's good.  It extends
> copyright in unpublished works, and that's not something I'm happy about,
> but as long as it's limited to unpublished works I don't think it's really
> a big deal.  It creates special exemptions to copyright allowing the
> newly-created "Librarian and Archivist" to archive copies of published
> work, or of Web pages.
> 
> There is something in C-36 which I think may be quite dangerous, though,
> and that is a requirement for anyone who publishes anything to send two
> copies to the national archives.  Now... I'm pleased with the idea of
> building a national archives of published work to be available to
> everyone.  I especially like that idea in the context of some of the TPM
> discussions we've had - I think I first heard it from Chris Friesen, but
> it's a fairly common idea in our community that anyone who publishes a
> TPM-embargoed work should have to put an unencumbered copy on public
> deposit for purposes of fair dealing, and it would just take a stroke of a
> pen in the "regulations" to Bill C-36 to create that kind of
> regime.  However, I'm worried about how the current wording in C-36 could
> be abused.
> 
> The thing is, it applies to all published works, and published works
> appear intended to include Web sites and all other communication made to
> the public, and the two copies have to be provided at the publisher's own
> expense.  The details, and exemption of some classes of works, are left up
> to the "regulations" to be written later.  Does that mean that if I update
> my Web site, I have to send two copies of it on paper to the National
> Archives?  Every single time I update (which is typically daily)?  Does
> that mean that if I want to publish something anonymously, I can't,
> because I have to identify myself to the Librarian and Archivist?  It
> seems to me like a hypothetical evil future government could use the
> provisions of C-36, in the name of "preserving archives", to create a
> licensing-the-press scheme, or to crack down on dissent, because any
> political messages would of course be "published" and would then have
> to be reported to the government.  I oppose any law that could be
> abused in that way.  I think there need to be limitations to prevent such
> abuses.
> 
> I can see two ways the "must provide two copies to the archives"
> requirement could be made palatable to me:  One, we could exempt
> non-commercial and political communication.  Two, we could say it's
> entirely optional, but that there is no copyright protection on a
> communication unless it is either sent to the archives or exempted by
> regulation.  I like plan two better; it allows anyone to publish anything
> they want without incurring any obligations to report to the government,
> but it also forces all communications that people want to claim copyright
> on, to be potentially archivable.  What do you think?
> -- 
> Matthew Skala
> mskala at ansuz.sooke.bc.ca                    Embrace and defend.
> http://ansuz.sooke.bc.ca/
> 
> --
> For (un)subscription information, posting guidelines and
> links to other related sites please see http://www.digital-copyright.ca
> 


---------
2003 Jun 28-30 in Ottawa:
http://www.CanadianCameraConference.ca
tOM Trottier,	ICQ:57647974	http://abacurial.com
	758 Albert St, Ottawa ON Canada K1R 7V8 
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"The moment one gives close attention to anything, 
even a blade of grass, it becomes a mysterious, 
awesome, indescribably magnificent world in itself -- 
Henry Miller, 1891-1980

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