Canada's Heritage Committee proposes swift changes to copyright law

By Emmanuel Legrand

The Standing Committee on Canadian Heritage at Canada's House of Commons has made a series of wide recommendations that would address some of the issues faced by rights holders in the country.

  The 22 recommendation were part of a report on the Copyright Act titled 'Shifting Paradigms', which followed a wide consultation with stakeholders that lasted over a year (in total the Committee held 19 meetings, heard testimony from 115 witnesses, and received 75 briefs).  

  Recommendations include reviewing safe harbour laws, as well as other subsidies and exemptions in the Act "that siphon value away from creative and artistic works," as well as strengthening the enforcement of Canada's copyright laws.

Common issues to creators

  The Committee noted that while many of the issues raised by witnesses were specific to their creative industry, some issues were common to all creative industries: the creation of Canadian content; copyright literacy and the promotion of copyright; combating piracy and enforcing existing rules; Copyright Board reform; and copyright term extension.

  Recommendation specific to certain repertoires include the proposal to introduce a artist re-sale right for visual artists, or a reversion clause of copyright after 25 year for sound recordings, advocated by Canadian artist Bryan Adams.

  "The changes recommended by the Heritage Committee in this report are the first step in ensuring artists receive fair remuneration for their work," said performer and songwriter Miranda Mulholland, who testified before the Committee.

A leadership role

  The report only reflects the views of the Committee, but stakeholders hope that it will motivate the government to make changes to copyright law. For Graham Henderson, President and CEO of music industry trade body Music Canada, the report "moves Canada into a leadership role in the international effort to close the Value Gap and address the harm being done to creators everywhere by overly broad safe harbour laws."

  He added that for these recommendations to make an impact on the music community, "they must become law." His organisation plans to work with the Government "to reform the Copyright Act as soon as possible to reflect the Committee's recommendations."

  The 22 recommendations are the following:

1 - That the Government of Canada increase its support for creators and creative industriesin adapting to new digital markets.
2 - That the Government of Canada develop mechanisms by which streaming services will develop and promote Canadian content.
3- That the Government of Canada create educational materials to raise awareness of copyright provisions and artist remuneration for consumers.
4 - That the Government of Canada create educational materials to raise awareness of copyright provisions as well as artists’ rights and responsibilities under the Copyright Act for artists and creators.
5 - That the Government of Canada review the safe harbour exceptions and laws to ensure that Internet service providers are accountable for their role in the distribution of content.
6 - That the Government of Canada increase its efforts to combat piracy and enforce copyright.
7 - That the Government of Canada pursue its commitment to implement the extension of copyrightf rom 50 to 70 years after the author’s death.
8- That music streaming services be regulated like other Canadian music services.
9 - That tariffs for online music services be reviewed by the Copyright Board to ensure royalty payments provide fair compensation for artists.
10 - That the Government of Canada amend the radio royalty exemption found at section 68.1(1) of the Copyright Act so that it applies only to independent and/or community-based radio stations.
11 - That the Government of Canada amend the definition of sound recording found in section 2 of the Copyright Act to allow sound recordings used in television and film to be eligible for public performance remuneration.
12 - That the Government of Canada review, clarify and/or remove exceptions contained in the Copyright Act, ensuring that any exception respects section 9 of the Berne Convention for the Protection of Literary and Artistic Works, to which Canada is a signatory.
13 - That the Government of Canada meet international treaty obligations (including Berne Convention for the Protection of Literary and Artistic Works, the Trade-Related Aspects of Intellectual Property Rights Agreement, and World Intellectual Property Organization Copyright Treaty).
14 - That the Government of Canada amend subsection 14(1) of the Copyright Act so that it reads “from 25 years after assignment.”
15 - That the exception for charitable organizations in subsection 32.2(3) of the Copyright Act be clarified to apply strictly to activities where no commercial monetary gain is intended.
16 - That the Government of Canada extend moral and economic rights to audiovisual performers.
17 - That the Government of Canada amend section 34.1 of the Copyright Act to deem the screenwriter and director the co-owners of copyright and co-authors of a television or cinematographic work.
18 - That Government of Canada amend the Act to clarify that fair dealing should not apply to educational institutions when the work is commercially available.
19 - That the Government of Canada promote a return to licensing through collective societies.
20 - That the Government of Canada review, harmonize and improve the enforcement of the statutory damages for infringement for non-commercial use in section 38.1(1) of the Copyright Act.
21 - That the Government of Canada harmonize remedies for collective societies under the Copyright Act.
22 - That the Government of Canada establish an artist’s resale right.