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by Ryan Harron

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The Canadian government stands poised to introduce new legislation designed to limit fair dealing and use of recorded media within the country, and to increase the amount of digital "locks", such as Digital Rights Management (DRM). These media limitations on copyright are, ultimately, bad for fans of the arts, artists themselves, and businesses related to those industries.

The first reason to adopt an anti-DRM stance is that it is bad for consumers of the arts. DRM technology does far more than attempt to prevent media piracy; it also limits the legal uses of media, limits the choices people have when buying new technology, and prevents people from making full use of technology and media content that they have lawfully purchased. And it does this without preventing piracy in any way.

Additionally, DRM is bad for artists. The first group of artists that are obviously affected by this type of legislation are those who feature parody and satire in their work. If more restrictive copyright laws are in place, it would severely limit the ability of these artists to continue to create their art. However, many other Canadian artists also feel that the introduction of DRM and restrictive copyright law would create an atmosphere of hostility between artists and their fans. For this reason, artists groups such as the Canadian Music Creators Coalition (CMCC), featuring such world-renowned Canadian artists such as The Barenaked Ladies, Avril Lavigne, and Sarah MacLachlan, have come out strongly against such legislation. "If record labels want to try and sue fans, we hope that they'll have the courtesy to stop trying to do it in our names," the CMCC has stated in a press release.

Another negative result of new, more restrictive copyright legislation is that passing such legislation would also require the repealing of the current blank media levy, which serves to reimburse artists who have their art copied. All artists that are members of SOCAN are currently reimbursed under this levy, which was initiated by the same members of the recording industry that now seeks to make it irrelevant.

Lastly, Digital Rights Management are bad for Canadian business. Several studies, including one conducted by Statscan, have found "a strong positive relationship between ... file sharing and CD purchasing," according to Dr. Michael Geist of the University of Ottawa. New copyright legislation, therefore, would result in the entertainment industry suing its own customers, a tactic that the CMCC and Canadian independent music companies feel would be harmful to their business. A law such as the one being put forward by Minister Prentice will also harm business by limiting their ability to create new and innovative technologies based on older ones. Noted Canadian technologist Cory Doctorow has stated that "If this law passes, it will make Canada into a backwards nation." The past ten years of copyright case law in the USA have shown that copyright legislation is routinely used in this way, and that it has a net negative effect on those that pass the law.

If this legislation is bad for so many different groups, the logical question that must follow is who would benefit from such a piece of legislation? To answer that question, we have to look at who has lobbied the government in the past for similar legislation. The main lobby group on this issue has been the Canadian Recording Industry Association (CRIA). Despite claiming to be "Canadian", this group primarily represents the interests of multinational corporations. In the words of Ric Arboit, president of Nettwerk Records, "CRIA's position on several important music industry issues are not aligned with our best interests as independent recording companies ... their best interests are multinationals that are not Canadian." While it is understandable that the government would seek to promote the role of international business within Canada, for them to do so to the detriment of virtually all segments of Canadian society is unconscionable.

Learn more about this author, Ryan Harron.

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