Canada extends copyright protection another 20 years to meet trade obligation
theglobeandmail.com
theglobeandmail.com
It is not like a decision of the citizens that was debated in an assembly, just we do things because they were decided in secret international meetings or corrupted politicians.
So it looks like it was "debated" in an assembly. I'm using scare quotes because I'm not a big fan of burying potentially controversial changes in giant budget bills. I'm also not a fan of giant budget bills or giant bills at all for that matter.
My wife and I vote on our personal budget all the time.
Thunderdome:
It's conceivable Parliament could implement a law that allows taxation and spending to be discretionary within a range, by the executive -- they in fact do that to give departments some emergency room. A large such allocation happened during the COVID crisis budget. But the overall year-to-year tax levels are debated and argued anyway in Parliament, so they might as well just write it directly into a new law.
Generally an election is called, but theoretically the Crown may ask another political party to see they can get enough votes together to pass legislation.
If the current governing party has a majority of seats, then there is obviously no way that any other party can. But if (as now) the currently governing party does not have a majority of seats and are part of a coalition/agreement, then another party could try forming a coalition.
Minority governments have been relatively rare in Canada, and so the 'proper' actions on what to do during them aren't part of the cultural zeitgeist, which can lead to drama:
* https://www.thecanadianencyclopedia.ca/en/article/king-byng-...
* https://en.wikipedia.org/wiki/King–Byng_affair
* https://en.wikipedia.org/wiki/2008–2009_Canadian_parliamenta...
ok?
> Parliament passes laws.
Ok? So? They also have to go to the bathroom once in a while. They can do more than one thing.
> The budget is a confidence bill; it must be debated, voted on, and pass
Sure.. but again, why can you put NON-budget stuff in there? Because it's a hack. It's not a budget, it's a law.
This is not at all how it works in Sweden. The budget is a budget. It doesn't sneak in laws from the side. We also don't have government shutdowns, because if a new budget doesn't pass the old is in effect a year on. We even had a situation where the opposition got their budget passed instead of the government, and that was annoying as hell to them of course, but we didn't need to call elections.
Taxation is one thing, the budget is another.
Had the decision been taken as a result of "secret" meetings set up outside the purview of elected politicians one could have at least used the discourse that the OP uses: "They're taking these acts behind our backs!".
But when burying these type of nefarious acts in a 450-page budget bill the people responsible for it all can now get back to us with: "your elected politicians voted it into law, it has all been done by the book, no nefarious act in there". And that's how trust in democracy and in the power of the people, for the people, takes another big hit.
My favorite part is where the millionaire-billionaire politicians (that do this exact thing themselves) use this opportunity to vilify their opponents and then push for something else they want as the solution.
X does something wrong, Y calls it out and raises support and then sneaks in something wrong.
So the citizens get fleeced and then become pawns. It seems like this is visible in every. single. bill. that gets passed by either party in the US.
If not, where do you draw the line?
From there (since I am in the US) I would look at the decades of jurisprudence at the state level where most states have already adopted a Single Subject rule for their legislature's and have not seemed to gotten bogged down by it. it is not a new concept.
here is a pretty good overview from the MN legislature:
https://www.house.mn.gov/hrd/pubs/ss/sssubtitle.pdf
Then I could look to the Proposed law in Congress (https://www.congress.gov/bill/117th-congress/house-bill/872/...) which addresses your budget concern by adding "An appropriations bill shall not contain any general legislation or change of existing law provision, " meaning a budget is about a budget not about passing new laws or changing laws / regulations.
That is just a start of where one could go for this topic
If you can defund an agency to prevent the enforcement of a law, you can effectively use a budget bill to change an existing law provision, even without changing the law itself. This defeats the spirit of that statement above.
By all objective measure they would be better for public policy
So I think it's entirely possible that you could come up with a single subject rule that was enough of a net win I'd be in favour, but I suspect you'd want to look at how the existing ones have been gamed and work out which those cases want to have an official way to do them and which you want to reword things to make harder.
- Everything in the bill should be able to be summarized by a one-paragraph, three-sentence, no-semicolons abstract relating the purpose of the bill. None of the content of the bill should be surprising given that abstract — it should "follow from" the abstract.
- The abstract's sentences must all be logically connected, able to be diagrammed as a causal network. There can't be one sentence that introduces some completely independent purpose from the purpose discussed in the other two sentences. You can't say "We want to build a bridge. Also, we want to buy some tanks." — nothing connects those two concepts into a single coherent purpose. But you can say "We want to buy some tanks. We also want to build test ranges for those tanks." — the two concepts are connected and form a single coherent purpose.
> Take a budget bill.
No, don't take "a budget bill." The whole purpose of Congress as a social technology is to output a budget; every bill Congress evaluates is for the purpose of defining the budget. Congress should not be passing "a budget" through one bill, any more than a software company should be making a release every few months that entirely rewrites their whole product line from scratch with no code reuse.
Bills should represent discrete patches to the budget (implying also: to the executive departments and regulations funded by said budget), and should be debated the same way that e.g. Linux kernel patches are debated on LKML — including being rejected as "too big to be debated"!
And this perspective — of the whole of the legislative process being "about" the creation of a budget — should be burned into the process itself: no bill should be allowed to be introduced that "defunds" something without also excising the law that defined that thing; no law should be allowed to be introduced that "creates" something without also appropriately funding that thing. The legislature should be ACID — a bill should never leave the law in an inconsistent state (inconsistent between the set of laws, and the budget defined to "power" those laws.)
To be clear, that debate would not be line-item level — five fighter jets, three waste-treatment plants, twenty FDA auditors, etc. But it should be confined to a set of things that, as above, can be summarized coherently; and which can also be discussed and debated coherently, with the same set of experts needed to read and analyze the validity of every line-item involved in the bill.
Compare/contrast the court system: nobody involved would think that doing a single court case that evaluates 1. whether a company is committing accounting fraud; 2. whether its founder assaulted someone, and 3. whether another founder should get custody of their kids, would be a good idea. Those three questions each imply separate judges with different specialties, separate sets of expert witnesses, separate jury selection processes, and separate lawyers that each side would want to retain. (And, in fact, separate defendants!) And yet, in legislature, we see bills that do exactly this.
As the factions that get hurt by this get stronger the more likely they succeed.
Edit: Ah, it looks like it's fully up to the executive branch. https://lop.parl.ca/sites/PublicWebsite/default/en_CA/Resear...
Sometimes a treaty can be implemented with just regulation, or it provides a statement of principles that helps interpret legal ambiguities. However, on matters such as the copyright term length discussed in this article, the trade treaty required explicit implementation by statute.
Matthew Yglesias did a tweet thread a while back arguing that copyright terms should be shorter and the responses were instructive. People -- regular people -- have a pretty deep intuition that if you create something, then it belongs to you -- forever. The Jeffersonian notion that copyright exists only to incentivize new works is to most folks an odd one. His mentions filled up with authors arguing that their great-grandkids should enjoy the fruits of their labor, sentiments that garnered broad support from basically everyone except copyright law nerds (like myself).
This is not, after all, a particularly rare event on the platform in general.
Writing a book on the other hand usually takes weeks, months or even years, so only the richest of individuals could afford to pay an author's living expenses for that period in a similar one-and-done lump sum.
Plus people that read books want to likely read new books more frequently than they need their plumbing fixed, again exacerbating that problem.
So consequently you need some sort of arrangement that allows for splitting the necessary payment to the author up across multiple people and/or over time.
Additionally, artists often speculatively create works without knowing for sure whether the public will take any interest in their work, or not. Copyright certainly has its faults, but it does cater for precisely that scenario by ensuring that you can insist on getting paid afterwards if people enjoy and want access to your work, and you don't need to acquire all the necessary funding up front. If you can't come up with enough money, you can even "just" invest your spare time instead and still get paid back if the work turns out be successful.
Plumbers on the other hand I assume rarely have the desire to speculatively fix up other people's plumbing and then hope to get paid afterwards if they did a good job.
Rewarding artists after they've already produced the artistic work if they're successful also makes sense in that the quality of artistic output can vary, and so there's a bigger risk of disappointment if you need to pay far in advance, before the work has possibly even been produced.
And because the quality of an artistic work is also very much a subjective matter, it'd also be much more difficult getting your money back in that case, whereas plumbing can mostly be judged according to much more objective standards, so getting your money back – through the legal system if required - is again a more tenable affair.
Of course the existence of Kickstarter and the like or even just plain old pre-orders show that to some extent people are willing to take that risk of paying in advance, but whether that would be enough if it was the only reasonable source of funding for artistic works? It'd also mean that if you can't convince people to pay you in advance (and good luck with that if you're some unknown newcomer), then good luck getting any more money afterwards, even if the book/… then turns out to be wildly popular afterwards.
You make this sound like it's about legalizing a dangerous chemical or something. It's extending copyright limits. I don't feel particularly "hurt" by not being able to legally publish Mickey Mouse fan fiction.
IMO, the right length for copyright is somewhere in the neighborhood of 20 years, give or take. If you've proven you can create something useful once, you should have a reason to repeat the feat.
> "Canada will continue to do its part to protect the interests of artists, creators and rights holders, while continuing to balance the needs of industry"
Well no, an artist's interests disappear the moment they die, this is only to protect the interests of the rights holders, most likely only the big ones. At least be straight about it.
For example, if the artist is 70 years and someone is thinking about buying the rights to their work, how long after death the work is protected is a big deal.
In this example, if the copyright ended immediately upon the artist's death, then a lot of potential buyers may decide that it is worth it to just wait for the artist to die, and either not make an offer or make a much smaller offer than they would have under the current situation of 70 years after the death of the author.
For example, 70 years since the work was first published seems reasonable. Then most people's descendants will see some revenue from dad's work, and there won't be a sudden cliff date, assuming dad produced works all through his life.
An investor who buys the rights no longer has to consider the age and health status of the author while deciding how much the rights are worth.
While I completely disagree with "Life of author + 70 years", I'm very much a fan of 20 + 20 and other platforms, where things are protected for, for example, 20 years and then if the author is still alive, or recently passed, they get another 20 for their lineage.
Imagine an author finishes a book as their way of securing their family's future.
A book is written for hundreds or thousands or hundreds of thousands of tiny, future patrons.
Further "starving artist" isn't just a trope.
An author probably wasn't being paid for a given book for the months or years until the book was produced. It was made on a promise that some day it would be paid back. That's what makes it different.
What about software that wasn't commissioned? Many programmers are kind of an artist too.
All what you mentioned is also valid for a programmer writing a game or application.
When I was mentioning the programmer above, I was definitely not clear. I should have been more clear. The difference I was trying to portray is that artist work tends to come in two forms:
* pay ahead of time
* pay in the future
I was speaking mostly of the contract workers that work for another company and could be fired "tomorrow" and never see another penny - their pennies were earned in their salaries.Artistic work regularly comes in the "pay in the future" form. We see that all the time with books, songs and yes, indie game or other software developers working on passion projects.
Having copyright immediately end at death harms the desires for those creators to do work, especially later in their lives, where they personally won't reap the benefits of it; but, their children could. "Plant a tree for your grandkids to swing in" and all that.
But yes, you are entirely correct with regards to developers working on passion projects.
The author is dead, they don't need to sustain themselves.
Their family are adults and can sustain themselves. If they can't, then that's why the author invested and got a pension or life insurance for. One extra book at the end wouldn't make a difference.
Unless, of course, the author is very successful and wealthy and their family isn't concerned with survival, just with profits.
The whole concept that copyright should be for the life of the author (or even life plus) came as a shoe in for pensions from a time where pensions weren't a thing.
I am probably misremembering. I think the US was originally 14 + 14, which is really 28 with a quick release in case of early death, etc.
I'm also amiable to a 20 + (exponentially increasing yearly price to maintain copyright manually) pattern. Actually, that's probably my favorite form. Then Disney can retain their copyrights .... by paying a _whole lot of money_ and stop all the harm they've caused society at large by extending copyright duration far beyond anything reasonable.
I'm not sure why death of the author should really be a factor; why not just a fixed period, whether that's 20 years, 40 years, or something else?
I don't like "20+ increasing yearly price to maintain copyright"; the basic idea behind copyright is that authors or their estate will be able to make a living from their creative works. I'm not opposed to people or corporations make truckloads of money if their work is successful, but under this scheme the more successful your work is, the longer you'll be able to afford renewal fees and the more money you will be able to make off it. An author who made a slightly successful work that still rakes in some money after 20 years (say, €50/month) won't be able to afford the renewal fees, but if something is wildly successful (say, Harry Potter) then they'll be able to afford the renewal fees for a lot longer.
The more successful a work is, the more it's part of our culture. Things like Star Trek or Harry Potter are just as much part of our culture as the Homeric stories were part of Greek culture, or Shakespeare is part of English culture. As far as I'm concerned the biggest reason why we should limit copyright at all is that culture belongs to everybody and that everyone should be able to contribute to that in their own way.
> The channel had nearly 200,000 subscribers and more than 50 million views ... Over 3,000 pieces of Canadian content were digitized and restored through the project.
https://en.wikipedia.org/wiki/Canada_Media_Fund
> The fund is composed of contributions made by Canadian broadcasting... and the federal government. It funds roughly $750 million annually... On November 17 and 18, 2022, official platforms announced that after more than five years of availability, the service... was to shut down on November 30th. All media was wiped from both YouTube channels on that date, and the Twitter account and Facebook page with lists of content and discussion were made unavailable.
That was six months ago, content has not (yet?) been published elsewhere, https://cmf-fmc.ca/news/encore-to-explore-new-avenues/
> made possible through a collaborative effort between CMF teams and the industry (Telefilm, unions and guilds, producers, creators, distributors, etc). In total, the project helped preserve our cultural heritage by digitizing and restoring over 3,000 pieces of content that directly contributed to Canada’s audiovisual legacy. In addition, the project resulted in some global sales of the newly digitized Canadian content, new opportunities for fans to see older works that had not been available online, and renewed interest in the content and creators that the CMF (and former CTF) proudly funded.
No indication where the content can be purchased. Not even a historical list of the content that was restored and digitized.
One example of classic Canadian content was the 1990s TV series Traders, which won many awards and remains the best fictional treatment of investment banking, https://en.wikipedia.org/wiki/Traders_(TV_series) & https://www.imdb.com/title/tt0115397/reviews
No selling estates rights, no letting the great grandkid coast on the ideas of their great grandfather. Copyright is to protect the artist, not landlords.
But... but Big Mouse!!! /s
Personally, I'd cut the line even closer, for patents and all other forms of intellectual property with the exception of trademarks: 10 years should be more than enough to make back R&D / IP development cost.
And no more "software patents" either, same for all kinds of patents without a concrete, working implementation. No more hoarding of ideas to stifle competition. And if you're not actively using or fairly licensing your patents for a year, instant revocation.
The nature of disrespecting copyrights also allows for niche products to be made for smaller consumer bases, compared to the focus group driven "jack of all trades master of none" products that you see when copyright is stronger.
A few months back I was trying to reverse engineer a small Chinese bluetooth tx/rx device and found myself on the chinese side of the internet. I found many sites/blogs that only did teardowns of consumer devices, analyzing design choices, identifying and sharing datasheets normally kept behind NDAs, etc. These were datasheets of chinese origin mind you.
The openness of information was refreshing because on the english internet, all I could find was press releases with pictures of young couples enjoying their individual bluetooth headphones.
If you're a western engineer and want to make a bluetooth device, you're stuck with a handful of vendors who protect their IP to the extent it makes market research impossible. If you're a Chinese engineer, you've got a bunch of custom ready-to-go chips for various purposes. Yeah the range or quality wont be as good but design start to finish is far quicker.
The problem with this kind of China "gongkai" stuff is not just the quality but also sustainability. Fly-by-night operations that last a few months may produce innovative stuff indeed - but what value is it when you can't get spare parts or firmware fixes for security vulnerabilities? Or when you can't legally sell it anywhere in the developed world because no one has bothered with certifications? Or when shoddy li-ion batteries make it into the supply chain and suddenly it turns out a couple ten thousand units are effectively time bombs ticking to go off?
American firms aren't all that concerned with sustainability beyond donations that are tax deductible. No firm wants to seriously end planned obsolescence aside from some indie companies like framework.
I don't need a firmware fix for a 10 dollar bt adapter I cut to bits and soldered leads to traces. Better polish eventually comes from these innovations anyway.
And people like to be current on movies (as visual productions are the medium of the day), so the company will still make plenty.
Corporations get only 14 years, and estates only get until the term in place at the time of death
I view copyright as an attack on free speech. Another individual is using the government to silence my expression. Doesn't matter if I'm selling or giving it away for free.
I might not even get in trouble for violating the copyright of a written work, it could be the font I used.
In short, the root of the problem is really the duration; the rest are just things that flow from that.
We all know this was pushed by the US Gov. where their motto should me "Pay our politicians, you get more bang for the buck, and it is legal".
But if you have some rights, starting next Tuesday, and the government keeps extending the start date, you have something to look up to.
Of course, it will be postponed forever.
I understand this is exaggerated, but I'm not sure it's true. Plenty of people argue all the time that taking away their own rights is not a problem:
"if you're not a criminal, you have nothing to worry about",
"if you have nothing to hide, you don't need privacy",
"we need to give up freedoms for a greater good",
"the government knows best",
"if the government is watching, everyone will behave better",
"if you can't trust the government, who can you trust?",
"the founding fathers didn't prescribe freedom X",
"only terrorists need freedom Y" (like privacy),
"if you give people too much freedom, they will abuse it",
"if you don't like it, you can leave the country",
and the pandemic favourite — "it's only temporary", despite ample evidence in history that temporary stripping of freedoms is almost never temporary.
I don't know... I've heard too many self-sabotaging arguments for stripping away freedoms from ordinary people that perhaps I'm convinced a good chunk of "the most dense simpletons" would be fine with it. Maybe they'd champion it if the right political party proposed the removal of freedoms.
Which pandemic freedoms have not been restored? I'd argue we've moved on to pretending COVID does not exist any way.
- Travel restrictions
- Device-level and biological surveillance
- Mandatory injections/vaccinations
- Suppression of dissent
- Stigmatizing individuals with pre-existing conditions
- Disallowing human contact
- Imposing what is effectively house arrest on a very large part of the population (self isolating)
These unprecedented measures have significantly eroded personal autonomy, and, unfortunately, we have not seen much pushback against them.
I am not necessarily arguing against the effectiveness of these measures in dealing with global crises. However, it is crucial that we remain vigilant and aware of the potential "boiling frog" situation with our freedoms. As a result of the normalization of these measures, we may find ourselves facing mandatory isolation, testing, tracking, surveillance, and travel restrictions more frequently in the future.
Indeed, if we were to look back just a decade ago, the idea of governments exercising such extensive control would have seemed unimaginable to many. Now, I can imagine governments doing this again, even for crises other than global pandemics.
- travel restrictions - mandatory vaccinations - suppression of dissent - stigmatizing individuals
To assert otherwise is ahistorical IMO.
It's unclear to me what device-level and biological surveillance mean. A decade ago Steven Harper was Prime Minister and tried to infringe upon our freedoms much more frequently.
Device-level and biological surveillance stem from contact tracing and mandatory testing, and the government keeps records from both. In countries with GDPR laws where people must consent to their personal data being retained, the retention periods were often quite long, sometimes spanning decades. In my view, this constitutes surveillance, and the collected data could later be used by governments and courts.
I don't intend to argue that this surveillance has negatively impacted society so far — surely contact tracing and people self-reporting their illness have helped model Covid's spread. Comparing this data to immunization and mandatory testing records was probably useful as well. However, this data has been collected, is now stored, and is accessible to governments, and we didn't have much say in the matter, individually or collectively.
It's important to question the long-term impact these actions will have on our liberties and whether the long-term costs justify the short-term benefits. For instance, many specialists believe that the pandemic would have unfolded more or less the same way, regardless of whether we compromised our privacy and freedoms. Of course, opinions vary, and it's a heated topic right now. But we must monitor it in the long run. Reflecting on the pandemic events currently, my stance is that we have eroded our freedoms more than necessary for effective control of the virus.
Sincerely,
The Commonwealth.
I guess Micky is getting his pound of flesh in Commonwealth countries later this year.
New Zealand did sign a FTA with the UK promising to increase the copyright term but it hasn't happened yet. I feel emotionally invested in this because if the New Zealand Parliament doesn't pass the legislation this year, Tolkien will be out of copyright next year.
I can't even imagine the mess it being retroactive would have caused.
It's still a retroactive extension for works from authors who died 50-70 years ago.
True. But society needs to align incentives with its desired outputs.
If original work and creativity just makes other folks (entrenched middlemen) rich, we’ll see stagnation. With capital likely determining even more than before.
If a pursuit can’t make money, it becomes a luxury with all the implications involved.
[1] https://www.theatlantic.com/technology/archive/2020/02/whats...
They could have just put "the needs of industry" as the real reason and spare us of their weasel rhetorics.
The primary value of a copyrighted work is not intrinsic, but rather comes from the integration of the work into everyday activity and culture.
- before first renewal: no requirement.
- first renewal: must provide a simple no-drm consumer-grade copy to an official archive (e.g. us library of Congress).
- second renewal: provide masters/source-code/assets to the archive.