By Jim Clifford
Today in Canada you can legally distribute, download and create new editions of George Orwell’s 1984, Rachel Carson’s Silent Spring, Vita Sackville-West’s Passenger to Teheran, Georges Lefebvre’s work on the French revolution, Ian Fleming’s Bond novels, Ernest Hemingway’s many short stories and novels, and for all the fans of the staples thesis, the works of Canadian political economist, Harold Innis. Many thousands of lesser known authors also fall into the public domain each year, creating a growing source base for digital history and the digital humanities more generally. There is also a flood of audio and film recordings entering the public domain under Canada’s current rule that limits copyright to 70 years after the recording (it was 50 years until earlier this year).
This is very good for scholarship and teaching. It makes it possible for digital humanists to create innovative digital editions of the public domain material. Project Gutenberg Canada and other websites are allowed to post a growing catalog of open material that we can use to build corpora of resources for research and text mining. As professors, we take advantage of the internet and public domain material to assign free readings for students in our undergraduate classes. Material from the 19th century is safe, but the new rules will limit what we can use for teaching mid-20th century history (we can still use one chapter or 10% under fair dealing).
Four years ago Canada passed the Copyright Modernization Act through a relatively open and democratic process where experts and stakeholders testified before parliamentary committees. The Trans-Pacific Partnership Agreement (TPP) has changed all of that. In the context of secret negotiations, this emerging trade agreement threatens to force Canada to rewrite this law. Did the negotiators consult any stakeholder in the archives, libraries, publishing industry or experts in internet law?
What is truly alarming, is that it appears the trade agreement copyright clauses are retroactive. Continue reading