Showing posts with label Canadian DMCA. Show all posts
Showing posts with label Canadian DMCA. Show all posts

Monday, March 29, 2010

My Canada 150 Presentation: "The Creative and Competitive Economy"

What follows is an expanded version of what was supposed to be a five minute presentation at the Canada 150: Halton conference - and a MUCH expanded version of the 2 1/2 minutes I actually got to speak.
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Canadian Culture in the Digital Age

Canada has always faced unique challenges to establishing our cultural identity. We are geographically vast, culturally diverse, sparsely populated, multi-lingual... and we sit right next door to one of the most prolific producers of film, television and music in the world.

All we have to unite us as a people and as a culture across such vast divides are our stories, whether told through film, television, literature, music or journalism. But we need two things: the ability to create those stories, and the space to share them.

Looking at the rather vague subject of this challenge as a creative person, two questions interest me:

1) How do we develop funding models for the arts, film, television, and journalism in the digital age?

This is a problem not unique to Canada. The cultural industries and institutions of countries all around the world - especially in North America - are facing a crisis due to advances in technology and profound changes in how people access information, entertainment and culture.

Up until recently, reproduction and distribution of books, newspapers, music, film and television programming has been an expensive endeavor, requiring the participation of record companies, book and newspaper publishers, television broadcasters, film studios and so on.

Today, the function of these entities is eroding as technology enables many artists to produce and distribute their own work, and for their audience to access that work directly, all for minimal cost.

The problem is, people are used to the idea that they are paying for physical media. They buy records or CDs, not music. They buy DVDs, not films; books, not words; newspapers, not news.

Without physical media, how do we value these works, and how do we ensure that artists and writers are compensated for their work? Can we continue to use advertising and sponsorship as the primary means of monetizing broadcasting and news, or will we need to find more direct means as the functions of television and print media are increasingly transfered to the internet?


2) Is there still a need to protect Canadian culture?

The sad fact is, we know more about American history and American democracy than our own because these things aren't just taught in schools - they are taught by the movies and TV shows we watch and the books we read.

One example: my son's grade 9 Canadian History class did a unit on World War II, and spent 11 hours of class time watching 'Band of Brothers' because the teacher couldn't find any film or television productions which depicted the Canadian experience in that war. I find that horrifying.

Another example: during the coalition 'crisis', many Canadians were under the impression that they had elected our Prime Minister directly - possibly because they were influenced by watching the electoral goings on south of the border.

When I was a kid, I lived in the suburbs. But I knew about downtown Toronto by watching King of Kensington, where people of many cultures, races and ethnicities all lived and worked peaceably together. This contrasted sharply with what I was seeing on American shows like 'All in the Family'.

I had never travelled to the west coast, but I knew what it was like there from watching The Beachcombers. In fact, my first impression of Native Canadians was from watching that show.

I have never travelled to Canada's arctic, but I feel that I know what life is like there from watching 'North of 60'. The U.S. show 'Northern Exposure' aired during the same period, and I remember watching it and thinking, "what's with all the white people? I thought this was the North!"

Ensuring that Canadian stories are told in film and television isn't just about nationalism or patriotism - in a country this vast and disparate, this is fundamental to how we know ourselves and understand each other. Short of moving into someone's house, film and television are perhaps the most powerful means of generating understanding between people because they allow us to see through another's eyes and walk a few miles in their shoes.

Without that ability, misunderstandings arise and soon fester. If 'King of Kensington' had been set in Calgary, we might not have some of the problems we have today.

So, what do we do about it? To start, here are three practical things I would recommend:

1) Abolish simultaneous substitution in television broadcasting.
When you watch a show on NBC or CBS that is also being shown on CTV at the same time, CTV overrides the signal coming in from the U.S. and substitutes their own - including their own commercials. In other words, Canadian broadcasters are double dipping, and are therefore rewarded for re-broadcasting hit US shows all night long.

Our private broadcasters have long claimed that Canadian content regulations prevent them from being competitive, and lower the quality of Canadian productions by shielding them from competition with American shows. But in reality, it is simultaneous substitution that is in fact protecting and shielding the broadcasters from having to compete.

By doing away with simultaneous substitution, Canada's private broadcasters will no longer have a monopoly on the airing of U.S. programming in Canada, and will therefore have an incentive to create something different from what the U.S. networks are airing. Something, perhaps, Canadian.



2) Don't take the punitive copyright protection approach.
Copyright doesn't protect artists - it was never intended to. It was originally designed to protect the state's licensing and control of publishing and theatre, and today serves mainly to protect publishers, broadcasters and film producers.

One example: a member of my family who shall remain nameless does props and wardrobe work in the film and television industry, mainly as an independent contractor. On one recent production, he decided to make a duplicate of one of the pieces for himself on his own time.

When he tried to sell this piece online, he immediately heard from the studio lawyers who informed him that despite the fact that he had designed and made the piece himself, had never sold it to the studio, and had never signed anything giving them rights to his creation, it nevertheless was their intellectual property.

He was told to not just remove it from sale, but to physically destroy it and submit photographs as evidence of its destruction. Which of course he did, immediately, because we're just not the kind of people who can afford to hire a team of lawyers.

So no, copyright law is not generally designed to protect artists.

Instead of following the U.S. example of locking up teenagers for downloading movies and music, or digitally locking down media so that it cannot be transfered or converted by the person who bought it, look at alternative ways of compensating artists such as levies on recordable media including IPods and MP3 players.



3) Focus on funding Canadian film promotion as well as production.
Your average Hollywood film production spends nearly as much on advertising and promotion as on making the film itself. In this country, Passchendaele succeeded largely because they spent money promoting it, but most other Canadian films are produced on such minimal budgets they can't afford any form of promotion or advertising at all.

The result is that even the best films this country produces cannot begin to compete at the box office or even the video store because no one has ever heard of them.

Case in point: the two most nominated films for this year's Genie Awards are 'Polytechnique' and 'Nurse. Fighter. Boy.' You may have heard of 'Polytechnique' because there was some controversy about making a film about the Montreal Massacre, but most of you probably aren't aware of 'Nurse. Fighter. Boy.'

I can almost guarantee that you didn't see either of them in a movie theatre, unless you live in Quebec.

I went to Blockbuster recently to look for 'Nurse. Fighter. Boy.' hoping that the multiple Genie nominations might have inspired them to get at least one copy. I spoke to the manager, and not only had she never heard of the movie - she didn't even know what a Genie Award was.

While tax incentives and program funding are essential to film production in this country, more funding needs to be channelled into promotion and distribution. The government should also look into creative ways of promoting Canadian film and television in more general terms, as there continues to be an absurd stigma attached to our homegrown productions.



The digital revolution has created both challenges and opportunities fo Canadian culture. While technology has broken down many of the barriers we once used to protect our culture, it has also removed many of the financial barriers our creative community has faced relative to other countries by making production and distribution of their work affordable and accessible to all.

In a sense, digital technology and the internet have leveled the playing field. Musicians can create and sell digital copies of their own music without the need for studios or music labels. Film makers can finance relatively high quality films on a couple of credit cards and promote them independantly. Bloggers are challenging traditional journalism as the line between the two continues to blur.

Even television broadcasting is being transformed by PVRs and streaming video, destroying traditional restrictions of scheduling and dial position, opening up the potential for quality programming - Canadian programming - to finally break through the static.

With the right policies in place, 2017 will be a good year to be a creative Canadian.

Monday, June 16, 2008

Confessions of a Future Copyright Criminal

As Bill C-61 (aka the Canadian DMCA) hits the floor of the House of Commons, there are plenty of smart people doing an excellent job of explaining exactly what the implications are and why this bill needs to be strangled in the cradle. McGrath has an excellent post today, and Michael Geist and Laura Murray have been all over this since C-61 was just a glimmer in Harper's eye.

Me, I'm not a big downloader. I'm a relative newcomer to high speed, I don't own an MP3 player, and I get my fill of movies working at a video store. And yet, under this bill, I would be a multiple offender just because of one project I recently completed.

My husband does props and wardrobe work in the film industry, and I wanted to put together a clip reel for him to show potential clients what he has created for movies like Skinwalkers, Resident Evil: Apocalypse and Saw II-V. So my first offence was obviously going to be transferring scenes from these movies from DVDs that we had bought and paid for onto my laptop in a form that I could edit and play with. This meant that I had to download a utility that would get past the digital lock on the DVDs and convert the files to WMV format. Definitely illegal under C-61.

Even more galling was the process of adding music to the video clips. I particularly wanted Van Morrison's 'Moondance' for the 'Skinwalkers' werewolf sequence, which is an old enough tune that I probably could have found a free copy somewhere. But I was a good girl and spent my 99 cents to purchase the song from ITunes - only to discover that I couldn't actually incorporate the music into the video without downloading yet another soon-to-be illegal utility to get through the digital lock and convert the file. For a song that I bought and paid for!

Keep in mind, this is not something we're going to be selling, nor do we intend to post it on YouTube or even on my husband's website. This is a DVD showing work that he created in the form of a video resume to promote it to people who make movies and TV shows. And yet, under C-61, I would have broken the law many times over to create it and would be charged hundreds of dollars in fines.

The final irony in all this is that my husband is one of the people that copyright laws are supposed to protect. We both recognize the impact that large scale video piracy has had on the film industry and on his livelihood, so we are horrified when we see the open sale of thousands of blatantly pirated DVDs at places like the Pacific Mall. We won't buy them, we discourage our friends from buying them, and we don't understand why the malls aren't fined for leasing space to people who sell them completely out in the open.

But sadly, this bill is NOT about industrial movie piracy, nor is it about protecting the artists and writers who create music and film and television content by making sure that they are fairly compensated for their work. It's just about protecting the profits of the studios and the corporations that produce and distribute that content.

If anyone actually gave a rat's ass about bootleg DVDs or the poor starving musicians losing money to illegal downloaders, a levy system like they have in Europe would have been the way to go. Which is what creative types like the Writers Guild of Canada were pushing for, to no avail.

Alas, money trumps art every time.