Canadian Copyright Reform: Consulting With Copyright's Changing Public

Intellectual Property Journal, Vol. 19, No. 2, pp. 271-296, April 2006

26 Pages Posted: 14 Aug 2007

See all articles by Sara Bannerman

Sara Bannerman

McMaster University Department of Communication Studies and Multimedia

Abstract

This paper examines the Canadian public consultations on copyright reform that took place in the summer of 2001: who participated in the public consultations, how new copyright communities used the Internet to organize, and how they represented themselves in the public consultations. Who is "the public" in copyright today, and how is it engaged in consultation?

After a brief summary of the copyright issues that presented themselves in the time leading up to and during the consultations, I give an overview of organizing that took place on the Internet. I then present an analysis of the submissions to the consultation process. Many of the individuals and several of the groups who participated in the consultation claimed to be representing "the public interest." This paper takes a look at that claim, as well as the substantiveness of the submissions, some overall trends in the way that copyright language - the language of "rights" and "balance" - is used in the submissions, and the influence of American copyright law on the content of the submissions.

Perhaps because the consultations were undertaken at a time when new copyright communities were just beginning to form, there were many submissions from individuals apparently not affiliated with any formal organization. These submissions from individuals, some of which were form letters or otherwise motivated by the Internet postings of new copyright communities, presented a number of dilemmas for the government. First, it was difficult for the government to know whom the submissions really represented. Second, individuals did not have the resources required, in terms of the dedication and expertise, to respond fully to the discussion papers. This paper discusses a number of ways that the departments might have avoided some of these dilemmas, but also recognizes that issues such as these are, to a degree, an unavoidable aspect of undertaking consultation with non-organized parties or parties that are still in the process of organizing.

Keywords: copyright, intellectual property, public consultation, legislative reform

Suggested Citation

Bannerman, Sara, Canadian Copyright Reform: Consulting With Copyright's Changing Public. Intellectual Property Journal, Vol. 19, No. 2, pp. 271-296, April 2006, Available at SSRN: https://ssrn.com/abstract=1005551

Sara Bannerman (Contact Author)

McMaster University Department of Communication Studies and Multimedia ( email )

1280 Main St. W.
Hamilton, Ontario
Canada

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