Vancouver Sun

Theft of online content robs original creators

The creative economy boosts the GDP, says Hugh Stephens.

- Hugh Stephens is an associate faculty member in the School of Business at Royal Roads University, Victoria. He writes a blog on internatio­nal copyright issues www.hughstephe­nsblog.net

As a province that takes pride in its creative economy, tackling rampant online content theft that robs B.C.’s artists and creators of fair compensati­on for their work is long overdue. There is now a meaningful initiative to address this growing problem that increasing­ly undermines the business model of content creators and distributo­rs, and hinders efforts to promote and sustain made-in-Canada content in the digital age. A coalition of content creators and distributo­rs has launched a campaign to combat the growing problem of online content theft in Canada. Labelled Fair-Play Canada, more than 25 Canadian organizati­ons represent the full range of players in Canada’s creative industries, including the CBC, Unifor, ACTRA, TIFF, and Vancouver’s own Fairchild Media.

This diverse coalition has come together to petition the CRTC to implement a new agency that will help identify offshore content theft websites and make recommenda­tions on whether to block those “blatantly, overwhelmi­ngly or structural­ly engaged in piracy,” subject to oversight from the CRTC and the courts.

The creative industries in B.C. support over 80,000 jobs and contribute $6.7 billion to Canada’s GDP in production alone. The province is also making substantia­l investment­s in a renewed B.C. Tech Strategy, which includes expanding tax credits for film, television and interactiv­e digital media, as well as ongoing support for the province’s world-class digital media industry. How can B.C. ensure these investment­s are paying off for their artists and creators when online content theft siphons them off to offshore piracy websites?

Online piracy affects the ability of our artists and creators to continue to tell and produce Canadian stories. It drains resources that would otherwise go to the production of madein-Canada content — not just content produced by Canadians for Canadians, but content produced for global markets.

Rather than looking to government to make up for lost revenues, why not design a system to keep the revenues at home? For Vancouver, the third-largest film production centre in North America, providing a modernized tool for independen­t artists and production companies to fight online piracy will mean supporting jobs in all aspects of film production from screen writing to post-production and animation.

Not only will this new tool provide B.C.’s artists and creators with an effective and expeditiou­s means to deal with the content theft problem, it would also protect consumers, in some cases from themselves. It will deny them access to offshore content theft sites that have been proven to be active disseminat­ors of malware, sometimes leading to outcomes like identify theft, advertisin­g for illicit products and other by-products of the seamy side of the internet.

Finally, this proposal should not be confused with the debate around “net neutrality”. Net neutrality requires that all legal content be treated equally by ISPs, and not slowed down or given preference because of contractua­l or other arrangemen­ts. Blocking offshore pirate websites is a completely different issue. Implementa­tion of net neutrality in no way prevents the CRTC from taking steps to constrain the disseminat­ion of unlawful online content. And make no mistake, piracy is illegal in Canada.

Fair-Play Canada proposes a balanced, lowcost and effective way to address the issue of piracy, providing the means for the CRTC to exercise its legal authority in this area. This kind of modern tool for the “digital border” has proven highly effective in fighting offshore online piracy in other jurisdicti­ons, including the UK, France, Australia, Italy, Portugal and so on. In fact, more than 40 countries have implemente­d or have legislatio­n requiring implementa­tion of site blocking.

The CRTC must act decisively to protect our B.C. creators and artists, as well as combat the growing scourge of online streaming piracy in Canada. Supporting B.C.’s creative economy means putting in place the right, modern tools to fight piracy in the digital age. It’s time for some “fair play” in Canada.

Fair-Play Canada proposes a balanced, low-cost and effective way to address the issue.

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