I start my critique of the current state of copyright with an easy target:
crown copyright. Quite simply, crown copyright should be eliminated. There
is no need for citizens to pay again and again to use what has already
been completed thanks to their tax dollars. Rather, let all government
works (by all branches and levels of government) be placed in the public
domain, where they will be more accessible and hence of greater value to
citizens. Whatever incentive copyright provides to create, governments do
not need it. The act of governing in the modern world will naturally
result in the production of works.

It's important to realize that by releasing works into the public domain,
the government would be creating wealth. The works, though not charged
for, would still have value--I hope this is self-evident. When we consider
copyright more generally (not just with respect to government works) we
can make the same observation: the more copies of a work that come into
existence, the more benefit society is getting (even if no money is
changing hands). Copyright, in discouraging free copying, is in opposition
to that benefit.

Every "right" granted to a copyright holder is a restriction on every
other Canadian. We must not blindly seek more and more rights while
ignoring the costs that are incurred. We should even ask if, overall,
copyright is even beneficial at all.

On the one hand, without copyright some works would not be produced that
otherwise would be; on the other hand, those works which are produced
would provide more value to the country because their distribution is not
restricted. Also, the production of works building upon and incorporating
aspects of past works would be made much simpler and more affordable.

Do the advantages of copyright outweigh the costs for Canadians? Every
aspect of copyright should be subjected to scrutiny. One thing which I
think is clear is that copyright offers little benefit in those cases
where creators are not actually trying to make use of their copyright
powers! However, currently in Canada, all works are considered under
copyright by default, with no registration or even indication required
(use of the copyright symbol is unnecessary). Consequently, Canadians must
by default refrain from many uses of created works, regardless of whether
the rights-holders even considered or were aware of what restrictions
would be automatically put in place.

There is a cost upon society here, one that could be eliminated by simply
requiring that those who wish to hold copyrights register their works (or
at least mark them with a clear copyright notice). Canadians who currently
think they benefit from copyright could continue to do so with only
marginal inconvenience. Meanwhile, the average Canadian would not be
conscripted unawares into the ranks of copyright-holders, and would enjoy
enhanced access to a large number of works. Making it easier to find the
copyright status and owner of a work would also facilitate business
transactions.

Furthermore, to ensure that Canadians are not inappropriately restricted
in their actions, safeguarding the public domain should receive more
emphasis. That is, there must be strict and enforced punishments for
falsely claiming copyright over public domain works. To claim works from
the public domain deprives all Canadians of their rights, so the
government should take an active role in identifying and eliminating such
behaviour.

Finally, let us consider the duration of copyright. How much incentive do
creators get from knowing that their copyright will extend beyond their
lifetimes? Such excessive terms seem designed not to encourage innovation
but rather to perpetuate revenue for rights-holders of old works. So I
propose that at the very least, there should be a resolution to never
again extend the duration of copyright. Better, though, would be to
drastically shorten it. As a point of reference, the Swedish Pirate Party
has suggested that copyright have a five year term.




--
Toryn Qwyllyn Klassen