In what ways should Canada harmonize its copyright regime in relation to international developments in respect of the Information Highway?
Other countries are currently addressing possible updates to their copyright legislation to reflect the development of new technologies. A premature move to harmonize pre-supposes that solutions of other countries are somehow better.
It is CAPIC's view that Canada can through the implementation of modern and visionary legislation become a leader and model for 21st century information economies. The challenge is immense but the rewards are equal.
The Information Highway will create a 21st century info-economy where international borders become transparent to the flow of transmitted info-product. In contrast to "thing" based manufacturing, intellectual property will become the idea and the product.
International trade will become increasingly difficult to measure by traditional means. Government revenues will become progressively more dependent on the relative success of Canadian suppliers of info-product in an electronically linked global economy.
The only certain method of insuring economic success is a Copyright Act which protects, treasures and rewards creation ofnew works.
Recommendation Canada should stay abreast of developments in
regard to copyrightand the Information Highway.
The Government's object should be to introduce visionary copyright legislation
designed as a model for a 21st century info-economy. Harmonization should be
entertained only within the framework of the primary objective of creating a
vibrant 21st century economy.
Under NAFTA, what new services on the Information Highway would be defined as enhanced telecommunications services (as opposed to broadcasting)? What are the implications for national treatment obligations for copyright?
CAPIC generally agrees with the interpretation of the legal ramifications of the definitions of broadcasting, enhanced telecommunications and audio-visual established by the SubCommittee.
IBM entered the personal computer business in 1981. A conservative model for the year 2004 suggests an average homecomputer might be a 64 bit system with 64 megabytes of RAMoperating at 30+ MIPS. Widespread availability of high-speed ISDN telephone lines and fibre-optic technology will make possible the transfer of huge blocks of digital information.
By the year 2000 it is well within possibility that thousands of Canadians will be on line with highly specialised multimedia applications or publications available directly to users. Electronic Information services will have the ability to provide real-time full motion multimedia to homes serviced by a high-capacity common carrier line. It will not be possible to control access to foreign digital works supplied on a world wide network. Attempting to artificially place multimedia works inside the broadcasting ambit to avoid national treatment is a mistake.
Inclusion of multimedia production in the Broadcasting Act may be of temporary benefit to existing larger multimedia producers. Providing access to funds traditionally made available for film and television will support a limited group of suppliers for a very short period of time. This is artificial subvention of a transitional stage in the development of the info-highway.
An attempt to create a multimedia "industry" administered under the Broadcasting Act applies 19th century thought to 21st century reality. There is not going to be a multimedia industry. There will be many multimedia producers and suppliers. Some will be larger corporate structures. The majority will be small creative collaborations and individuals. Multimedia will be a critical economic sector populated by a diverse range of producers.
Recommendation Government should provide model legislation for
protection ofcopyright holders and attempt to encourage similar international
measures which result in national treatment being beneficial to
Canadians supplying info-product to other countries.
Government policy should expedite introduction by common carriers of high-speed
data transfer capability for all Canadian users.