OUR POLICY AGENDA
The following are the concrete policy proposals of the “Our Digital Future” project.12 The full report gives more plain-language explanations of how these policies would work, and the impact they (or their absence) could have on everyday Internet use. We also encourage readers to consult the glossary at the back of this report for further demystification of terms used here.
1. No forced disconnections from the Internet for copyright violations; no three-strikes rules that could harm culture and knowledge creators, and everyday Internet users.
2. Protection for safe harbours, like those in Section 230 of the US Communications Decency Act, that allow creators to access new audiences / no intermediary liability for infringing content disseminated by third parties.
3. Notice-and-notice systems for preventing infringement, like that created by Canada’s Bill C-11, as opposed to notice-and-takedown systems.
4. Promotion and protection of Creative Commons – in takedown systems, no takedowns without adequate consideration of users’ rights and due process, and penalties for false infringement claims.
5. Clear process for creators to dedicate their works to the public domain.
6. Broad protections for fair use/fair dealing – in takedown systems, copyright holders required to take fair use/fair dealing provisions into consideration when issuing takedown notices.
7. Fair use/fair dealing exceptions for transformative commercial remixes; copyright exemptions for amateur and non-commercial remixes.
8. Reasonable, civil (not criminal) penalties for sharing copyrighted materials – civil liability geared towards compensation for culture and knowledge creators (i.e. warnings and fines, tied to reasonable copyright terms as in point 9).
9. Copyright terms focused on compensating creators during their lifetime, and enriching the public domain at their death.
10. No criminal penalties for DRM circumvention; no penalties for DRM circumvention to allow legal uses of content (i.e. circumvention of regional zone access protection); ensure vision-impaired Internet users are not prohibited from creating or format shifting their content.
11. Clear, simple copyright rules, designed to be accessible to the people they are intended to serve.
12. Copyright rules created through an open, transparent & democratic process.
11. See “Appendix: Methodology” for full results for the drag-and-drop crowdsourcing tool.