I’m in the middle of a large project (for one person), and as part of it I wanted to host some CRTC documents on the project’s web server to link into. You see, if you’ve ever been involved in one of the CRTC’s public notices you’ll know that there are literal deluges of documents, many of which are zipped together. For the purposes of disseminating documents over email this works well – it puts all of the documents from say, Bell, into a single zipped file – but makes a user-unfriendly structure of linking to: expecting casual reader to link to zip archives is unreasonable. Given that as part of this project I do want to facilitate ease of access to resources it’s important that users can link to the documents themselves, and not zip archives.
While I pay attention to copyright developments in Canada and abroad, and have strong stances on how academics and the Canadian government should licence their publications, I’m not a lawyer. I do, however, know that government documents in Canada are governed by Crown Copyright – unlike in the US, the Canadian government maintains copyright over its publications – and thus I wanted to check with the CRTC if there were any problems hosting documents from their site, including those presumably under a Crown copyright such as the CRTC’s decision.
This posting is motivated by Jason Mazzone’s paper “Copyfraud“, where he investigates copyfraud. Copyfraud is defined as “claiming falsely a copyright in a public domain work” (3) and after discussing instances that copyfraud is both perpetrated he reflects on ways to alleviate it. Mazzone, an American, generates his account from within the American political and judicial system but his insights can be generally applied internationally to any nation that either accommodates or has adopted US and British copyright principles.
Copyright is intended to let authors receive financial compensation for the works that they create. In the US, copyright exists in an antagonistic relationship with the First Amendment because it limits how people can use words that they have received – an author’s speech cannot be used wholescale by others when they generate their own creative works that are derived or inspired by the author’s work. The only exception to this limitation stem from fair use policies, which assert that small parts of a copywritten work can be used to facilitate discussions between writers/performers. Fair use, however, is a protection that is being banished by corporate groups that are striving to protect their profits and avoid lawsuits rather than encouraging the growth of the public domain.