CCA BULLETIN 2/08

January 28, 2008

Parliament Returns – What to Expect From the Spring Session

Just the Facts

Parliamentarians are back in Ottawa signaling the end of their Christmas Break. Just before they packed up for their ridings, the Minister of Industry, the Hon. James Prentice decided to take another look at the package of revisions to the Copyright Act which was to tabled in the House before the recess.

Following an apparently unexpected strong public interest in the question, the Minister decided to take the package of measures back to the drawing board for some refinements before tabling the proposed legislation. Speculation around Ottawa is that this legislation will be tabled very soon. The Canadian Conference of the Arts (CCA) joins dozens of other cultural organizations in maintaining a watching brief on this legislation and once it is tabled, we will produce an analysis of the contents and the process towards the passage of the measures. Of course, the whole process may come to naught if a federal election is called on the budget or on some other issue the government may decide to make a vote of confidence.

Given the erratic economic situation, the federal budget will be watched with greater interest than usual. The Minister of Finance, the Hon. James Flaherty has been musing about an innovation and competitiveness package and of course we will be interested in the details of the billion dollar reallocation program. In Bulletin 35/07, the CCA has identified those departments and agencies under the microscope for this exercise.

The Minister of Industry will also receive the report of the Competitiveness Panel only before the summer recess of Parliament. For the CCA, the fact that the process includes questions about maintaining current foreign ownership restrictions in broadcasting and the cultural industries is worrisome in itself. The Panel does not have a cultural policy expert as a member and the process is being driven by the Department of Industry, for which cultural policy is not a driving imperative to say the least. The CCA will be following developments on this front with great attention.

The CRTC continues to put out calls for consultation with astounding regularity and breath-takingly short deadlines. The rate at which these are coming must certainly tax other not for profit organizations who have a stake in the entire broadcasting/audio-visual content world. The questions may seem somewhat remote from the daily cares of artists, creators and arts professionals but many hinge directly or indirectly on the issue of investment in Canadian content production. This means work for composers, actors, directors, producers and many other forms of creative work. The investment by the broadcasting/audio-visual content industries keeps food on the table for thousands within the arts and culture sector. And one can add in economic lingo that the audiovisual products are the most widely consumed form of cultural expression and that they contribute a lot to the perception that Canadians have of themselves.

And of course, there is wide speculation that a federal election will be held before the end of the spring session. This is strictly within the control of the Prime Minister and Parliament. Nonetheless, should an election be held, the CCA will keep you informed about the cultural platforms of all federal political parties and any new developments arising from the campaign.

Tell Me More

The furor over revisions to the Copyright Act that occurred before Christmas stems from measures borrowed from the American Digital Media Copyright Act.   The provisions in this act severely restrict the terms of use for most pre-recorded content in music, film, video and computer games etc. The manufacturers place control mechanisms in the media to prevent copying or transfer to another device. It also imposes strict penalties on anyone found attempting to subvert or bypass these control mechanisms.

Under the current Canadian Copyright Act, it is permissible to make copies for personal use when done on cassettes and CDs, on which a special levy for that specific purpose has been established. But a recent decision of the Federal Court of Appeal establishes that it is illegal to make such transfers on devices like computers or iPods. The Act does not permit time-shifting or other common household practices. If the government introduces further restrictions to the use of both content and content players, it is expected that the outcry we saw before Christmas will be louder and stronger than before. Under tremendous pressure from the American entertainment industry and government, the Ministers of Industry and Canadian Heritage are in what is commonly known as a rock and a hard place. These elements will come together to make a most interesting discussion once the legislation is tabled. Creators, copyright owners and users will certainly let their voices be heard over the course of this debate.

The economic situation faced by the government in drafting the 2008-09 federal budget is another challenge for Cabinet and the Prime Minister. The two successive reductions to the GST has shrunk the anticipated surplus and taken over $ 11 billion out of Ottawa’s room for maneuvering. If the American economy goes into recession, the effects will most certainly be felt here to one degree or another. Because of the choices made by the government, the luxury of managing a multi-billion dollar surplus is but a memory for the authors of the next federal budget. Difficult choices will have to be made, and the CCA will be watching this unfold with great attention.

What Can I Do?

Keep up to date on developments on the Hill by reading the CCA bulletins. If you have a question or an issue for which you would like more information, please do not hesitate to contact us at info@ccarts.ca