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Industry committee I would like to see us abolish Crown copyright. In light of what I said earlier about not giving everybody their ask and giving everybody what they want, I'm not asking you to do that. I would note that a Supreme Court of Canada case is coming up. I got news the hearing has just
November 28th, 2018Committee meeting
Prof. Jeremy de Beer
Industry committee You could abolish it or wait.
November 28th, 2018Committee meeting
Prof. Jeremy de Beer
Industry committee That's the article 13 issue, and the link tax and the upload filters. It's going to backfire if we do it. We should absolutely not do it. The other things are a tempest in a teapot. Do whatever you want. It doesn't really matter in the grand scheme of things. The problem is a d
November 28th, 2018Committee meeting
Prof. Jeremy de Beer
Industry committee The law of contracts provides one outlet if contracts are unconscionable. We can do more on a policy level to support artists and authors in their negotiations with record labels and publishers, but that's not through copyright. That's activities the Department of Canadian Herita
November 28th, 2018Committee meeting
Prof. Jeremy de Beer
Industry committee The YouTube exception, the user-generated content exception, the text and data mining exception, and all of these micro-exceptions for libraries and archives and museums would all be unnecessary if we just put two words in the act: “such as”. It's a much simpler solution that wil
November 28th, 2018Committee meeting
Prof. Jeremy de Beer
Industry committee One of the problems is that it takes away some of the responsibility to create a technologically neutral act in the first place, because people think they can just fix it again when they reopen it five years later. That's one problem. Another problem is that it's very politicall
November 28th, 2018Committee meeting
Prof. Jeremy de Beer
Industry committee That's a good point.
November 28th, 2018Committee meeting
Prof. Jeremy de Beer
Industry committee That's a great theoretical question, but as I mentioned in my remarks, I'm a pragmatist. There's an international agreement called the Berne convention, which sets the minimum term that any member of Berne, which includes Canada, can have. That is the life of the author plus 50 y
November 28th, 2018Committee meeting
Prof. Jeremy de Beer
Industry committee We are not allowed to do that under the Berne convention. We can impose formalities for the life of the author and the first 50 years, but if we're going to extend to life plus 70, we certainly can and we certainly should.
November 28th, 2018Committee meeting
Prof. Jeremy de Beer
Industry committee Thank you very much, Ms. Quach. I understand Professor Boyer's position but I take a different view. I don't think that exceptions and limitations like fair use are expropriations of proprietary rights. The default situation is not that a copyright owner has the right to contro
November 28th, 2018Committee meeting
Prof. Jeremy de Beer
Industry committee I don't think there needs to be any more specific carve-outs for particular activities. I think what we need is a much more flexible and technology-neutral approach, as fair use is. Look at the provisions. Every time we've tried to put in these technical little micro-exceptions,
November 28th, 2018Committee meeting
Prof. Jeremy de Beer
Industry committee I think that it's not necessarily a copyright problem. It's a contracts problem. What I like to see are measures the government takes requiring open access to research, for example, by research funding agencies. I think there are certain measures that you could take to reinforc
November 28th, 2018Committee meeting
Prof. Jeremy de Beer
Industry committee Yes.
November 28th, 2018Committee meeting
Prof. Jeremy de Beer
Industry committee The reason it's preferable is essentially for the reasons Mr. Hayes gave around the text and data mining exception, because you don't have to constantly update the list of things that need flexibility or that you need breathing room or safety valves for. Rather than saying “Fair
November 28th, 2018Committee meeting
Prof. Jeremy de Beer
Industry committee Yes.
November 28th, 2018Committee meeting
Prof. Jeremy de Beer