WIPO Man

Web users would have to pay levy on free material — This may be the premise for my next column on PC Magazine online. Frightening scenario!

Among other things, the committee proposes that photographers keep the rights to their work and surfers would have to pay a levy for material even if was offered free of charge. Copyright holders could also shut down websites that they claim — even erroneously — are violating copyright, putting the burden of proof on the website charged.

The committee’s recommendation also gives copyright holders the right of “terminate and takedown,” meaning an Internet service provider would have to take down material simply because the copyright holder demanded it be done, with no due process for defence. The Canadian Recording Industry Association asked for the ability to force Internet service providers to cut off all services to those who were accused of violating copyright, but the Heritage committee turned it down.

In defence of the recommendations, committee vice-chairman Gary Schellenberger said the report was well thought out and had the unanimous support of the committee, which included members from the major political parties. “There might be some frivolous things that could happen [if it were turned into law], but I hope we can get some of those wrinkles worked out and get some dialogue going,” he said.

The Digital Millennium Copyright Act, which ratifies the WIPO treaty in the United States, gives copyright owners similar clout and is being challenged in the courts for stifling free speech, killing research and stalling security development in a legal quagmire. The European Union signed the WIPO treaty, but ratification has been mired in controversy.

How did it get this way? Both Mr. Geist and Mr. Knopf say the Heritage committee ignored evidence against the demands of the recording industry and Access Copyright, the book publishing industry’s copyright arm.

There is no question that what’s going on in Canada is a prelude to what we can expect here shortly. I have been railing against WIPO for years in PC Magazine, Forbes and elsewhere. Proving that I have no clout whatsoever. The situation has worsened. You can expect strict censorship based on these laws, denial of reverse engineering (by law) and other onerous actions to protect those who have essentially stolen copyrights from the creators and own them as if they were real property. Many creative folk nowadays cannot sell their work unless they give up all copyrights in advance.