Canada's government starts a public consultation on the copyright framework for online intermediaries

By Emmanuel Legrand

The Government of Canada has launched a public consultation on Canada's copyright framework for online intermediaries. The consultation is meant to determine if the framework "reflects the evolving digital world" and that the Copyright Act "remains consistent with modern realities and that revenues of web giants are shared fairly with Canadian creators."

  An additional consultation on a modern framework for artificial intelligence and the Internet of Things will be launched by summer 2021. These consultations are part of the government's "phased approach to the review of the Copyright Act" that are driven in part by Canada's commitment under the Canada-United States-Mexico Agreement. As part of the agreement, Canada had to make changes to its copyright law to extend the general term of copyright protection from 50 to 70 years from the death of the author.

  However, the consultation process, which follows the one on the term of copyright and the current ongoing consultation on the future of the Broadcasting Act, appears for some stakeholders as "showing that something is happening to avoid doing something substantial," in the words of a Toronto-based representative of copyright owners. The implementation in Canadian law of the term of extension will not happen until the end of 2022.

Achieve underlying objectives

  Many observers wonder if the political calendar will allow for decisions to be made. "You have to remember that we have a minority government [in Canada] at the moment, so not much is going to happen," says a source. "Basically we are stuck until a new government is appointed and then we will have to start from scratch."

  The consultation on online intermediaries will be under the aegis of Steven Guilbeault, Minister of Canadian Heritage, and François-Philippe Champagne, Minister of Innovation, Science and Industry, who appear to have conflicting agendas.

  "As the distribution and use of copyright-protected content online have expanded and the services of online intermediaries have grown and diversified, it is important to ensure that Canada's copyright framework for online intermediaries still achieves its underlying objectives," said the government in a statement. "The Copyright Act must adapt to ensure that the use of copyright-protected content online is protected and individual rights and freedoms in an open Internet are safeguarded, while facilitating an environment where the digital market can thrive."

A healthier online environment

  The Government will be publishing a consultation paper that will outline potential options for stakeholder and public consideration. Participants have until May 31, 2021, to be involved. The responses received will "help inform the Government's policy development process as the Government considers how the Copyright Act needs to evolve and how the revenues of web giants can be shared more fairly with Canadian creators."

  Said Guilbeault (pictured, below): "Our Government is committed to meaningful platform governance, including the modernisation of the Broadcasting Act, a new framework for online harms, news media remuneration and copyright reform. These efforts will contribute to a healthier online environment for Canadians, creators and media. In the area of copyright, we need a more up-to-date framework to ensure more accountability and better remuneration and transparency."

  Champagne (pictured, below) commented: "For Canada to have an innovative and flourishing digital economy, we must protect copyright online. With this consultation, we aim to strike the balance between facilitating broad, lawful access to copyright-protected content, and safeguarding individual rights and freedoms in an open Internet."

A balanced copyright framework

  Added Champagne: "We have launched this process to hear the diverse perspectives of stakeholders, from online intermediaries to those holding copyrights, as well as any Canadian who wants to share input, to make sure Canada maintains a balanced copyright framework."

  Margaret McGuffin, CEO of Music Publishers Canada, said the consultation is a positive development, which will allow to discuss such issues as safe harbours. "We are happy that the government has decided to look into these issues and we are looking forward to participate," she said.

Restore fairness to artists

  Patrick Rogers (pictured, below), CEO of Music Canada, the organisation representing major record companies, welcomed the launch of the public consultation on Canada’s copyright framework for online intermediaries. “Simply put," said Rogers, "artists should be paid when their music is played. That’s equally true whether they’re played on radio, in film or TV programs, or online."

  He continued: "For too long, Canada’s Copyright Act has allowed some unlicensed online services to avoid paying creators – and the impact of these exemptions have never been more clear than they are in 2021. The pandemic demonstrates how important copyright protection is for artists. We look forward to working with the Government through this consultation to help modernise Canada’s Copyright Act and restore fairness to artists and the businesses who support them.”