Canadian artists ask for rights reversion to kick in 25 years after the date of transfer rather than 25 years after the death of the creator

By Emmanuel Legrand

Canadian artists and songwriters have joined forces to ask their government to amend the country's copyright law to make room for a provision granting them ownership of their publishing or recording copyrights 25 years after the date they transferred their rights to publishers or record labels, rather than 25 years after the creator's death, as it is currently written in the law.

  The demand was expressed in a letter sent to Prime Minister Justin Trudeau, Minister of Innovation, Science and Industry Francois-Philippe Champagne, Minister of Canadian Heritage Steven Guilbeault, and Parliamentary Secretary to the Minister of Canadian Heritage Julie Dabrusin.  

  The letter reads: "We, the undersigned, call upon the Government of Canada to introduce an amendment to section 14(1) of the Copyright Act which would enable creators to reclaim copyright rights ("rights reversion") 25 years after the date of a transfer rather than 25 years after the creator's date of death, as currently specified in the Act. It's common for creators (i.e. songwriters), especially early in their careers, to be pressured into signing away ("transferring") some or all of their rights, thus denying creators, their families and their children the opportunity to reap fair rewards from their creative works later in life."

Fairness for creators

  The signatories invite the government to look at the situation in other parts of the world. In Europe, they write, many governments "have amended copyright law to ensure the fairness of contracts between creators and those who use and exploit their works."

  Meanwhile, in the US, there is a "rights reversion” provision in United States copyright law which allows creators to terminate "transfers" and re-claim rights 35 years after the date of the transfer. 

  "We believe Canada should follow the EU and USA examples to ensure fair protection for Canadian creators," reads the letter, noting that rights reversion "is a simple and essential tool which enhances creators' ability to contribute to Canadian cultural and economic development."  

One single claim

  The letter concludes with one single claim: "We’re asking that the words '25 years from the death of the author' be removed from the Act and replaced with '25 years from the date of copyright transfer'."

  The petition was signed by such artists as Drake, Neil Young, Celine Dion, Shania Twain, Joni Mitchell, Gordon Lightfoot, Diana Krall, Bob Rock, Robbie Robertson, Geddy Lee (Rush), Shawn Mendes, Alanis Morissette, and Michael Buble, among others.