Digital Data and Copyright

Deliberating Legal Directives and Digital Technologies

The world of technology is spinning at warp speed.  New applications and programs are introduced hourly to make lives easier and the world more efficient….or at least more fun.  It is a challenge for an individual to remain ‘current’ in this ever-advancing techno-culture, but it can be even more problematic for large organizations to implement various advancements and recognize the evolutions/revolutions that are occurring around them. 

One such establishment is the profession of education.  School boards are faced with the challenge of deciding what technologies are best suited for the needs of students, teaching staff and administrators, and making purchases and implementing strategies before the technology they have decided upon become obsolete.  They must then ‘roll out’ the technology across the board and provide adequate support to ensure the effective use of the devices and applications. It is a difficult and ongoing process, but one that is imperative to success of educational programming and student achievement.

Another social establishment that is dealing with the demands of the evolutionary world of technology and the internet is our legal system.  Laws are not usually quick to change. Even though some amendments are being made in copyright law and intellectual property law, there are many challenges being faced by the legal system today initiated by the speed and vastness with which material can be reproduced and distributed via the internet and current and developing technologies.

Changes to Canada’s copyright legislation were proposed in 2011 in order to protect and create jobs in the country’s digital economy as well as balance the needs of creator and users. (Balanced Copyright:  http://www.balancedcopyright.gc.ca/eic/site/crp-prda.nsf/eng/home). After political wrangling and a dissolution of parliament, the amendments received Royal assent in June of 2012.  Some of the issues addressed by Bill C-11 / Copyright Modernization Act are to:

·         implement the rights and protections of the World Intellectual Property Organization (WIPO) Internet treaties;

·         give copyright owners the tools they need to combat piracy;

·         clarify the roles and responsibilities of ISPs and search engines;

·         promote creativity and new methods of teaching in the classroom by providing greatly expanded exceptions for education;

·         encourage innovation in the private sector through exceptions for technical computer processes;

·         provide legal protection for businesses that choose to use technological protection measures or "digital locks" to protect their work as part of their business models; and,

·         give consumers the ability to, among other things, record their favourite TV shows for later viewing, transfer music from a CD to a digital device, and create a mash-up to post via social media.

(http://www.balancedcopyright.gc.ca/eic/site/crp-prda.nsf/eng/h_rp01153.html#amend)

These changes will enhance the ability of copyright owners to benefit from their work. They also offer Internet service providers (ISPs), educators, students and businesses the tools they need to use new technologies in innovative ways.

Even with amendments to the policies and law, there is the question of interpretation and intent.  Laws have been made that will impact the use of technology and digital capabilities that are not invented yet.  This is why the intent of the law is important, and must be rebalanced in respect to the introduction of new technologies in order for a ruling to be reasonable when all things are considered. (C. Hutchinson, Professor of Law:  University of Alberta). The internet has previously been treated like any other technology, but it is imperative that courts need to look at both internal and external perspectives when looking into such cases.  When the internet can provided such a wide forum for the delivery of information, the intent of distribution must be considered when looking into copyright laws and digital technology.

If the intent of an internet contribution was to inform then it should be viewed differently than a submission made for profit.  There is also the question of revision and adaptation when reproducing intent content.  The intent of the sharing or reproduction of digital data is also to be considered.  This is where amendments to copyright legislation benefit educators. 

Bill C-11 expands the notion of ‘fair dealing’ and provides exceptions permitting educators to use publicly available material from the Internet. Bill C-11 expands the notion of ‘fair dealing’ and provides exceptions permitting educators to use publicly available material from the Internet. It also allows for the distribution of electronic sharing of texts by libraries.  Because ‘fair dealing’ is concerned with the distribution of information for research, study and review, it allows for a broader range of use and sharing of digital data for educators. (http://www.ic.gc.ca/eic/site/crp-prda.nsf/eng/h_rp01153.html#fair).

The reforms also protect educators by limiting any fines for non-commercial copyright infringements and provide exemptions for ‘public performances in schools…and the reproduction of material for display purposes’.  (Michael Geist:  The Supreme Court of Canada Speaks).  These amendments support education goals, but are still open to interpretation of intent.

It is important that individuals, corporations and social establishments are willing to review and revise when contemplating any decisions that involve the internet and digital technologies.  As the game keeps changing, the rules must also adapt.