Following are synopses of discussion papers prepared for
the CCA's 2006 National Policy Conference. Some of the questions conference
delegates will address at the March conference are included below.
Overview - Does Canada have a federal cultural policy?
Policy Issues Facing Artists and Creators
Policy Issues Facing Producers and Cultural Industries
OVERVIEW - DOES CANADA HAVE A FEDERAL CULTURAL POLICY?
For decades the cultural sector has sought a coherent federal cultural policy.
On closer examination, it is apparent that part of the framework for a cultural policy already exists. There are four main dimensions:
- The broad canvas of values and ideals: based on elements in the British North America Act, the Canadian Constitution, and the 1991 Broadcasting Act.
- The physical and legislative infrastructure: arising from a raft of legislative initiatives from the National Film Board Act to the Museums Act.
- Specific measures for individuals and groups who play a role in the development and sustenance of Canadian cultural expression: measures such as the Copyright Act, the Status of the Artist Act, and elements of the Income Tax Act.
- The regulatory framework for content and ownership in a digital age, including industries, structures and organizations mediating the relationship between owners and users of intellectual property.
Existing cultural policies must be reflective of the rapidly evolving environment in which the arts and culture exist, and must ensure a clear sense of shared common objectives and determination to foster and promote the development of the cultural sector in Canada. The lack of coherence between one set of policy objectives and another driven by financial rather than cultural considerations is often the gap that is most evident in examining federal cultural policy and its application.
Conference delegates will address some of these questions:
Are some of the existing policies and regulations outdated? What can we replace them with?
Are there missing pieces in this mosaic of a federal cultural policy?
Given globalization and the rapid advances in new technologies, what policies are required to ensure a place for Canadian culture at home and on the world stage?
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POLICY ISSUES FACING ARTISTS AND CREATORS
There is a delicate balance that must be achieved when governments address any element of creative and artistic expression. Generally, artists/creators look to government for very specific things: an environment conducive to free expression; protection from unauthorized use of their works; access to social benefits; flexible interpretation of tax and labour laws; economic conditions to permit creativity; and infrastructure necessary to stimulate creativity.
Freedom of expression
The artist/creator cannot function adequately in an environment where freedom of expression is unduly curtailed or prohibited. Governments are concerned that too much latitude could be misused in a manner that compromises the public good.
Can the balancing act between the public good and the freedom of expression of the artist/creator be resolved?
Copyright and Intellectual Property Protection
Artists and creators look to the state, through copyright law, to protect the economic and moral rights inherent in their works. This is another study in the balancing interests by the state.
How can federal legislation and regulation keep pace with the rapid advances in technology?
How can the interests of creators/copyright owners be balanced with those of copyright users?
Status of the Artist/Creator
In the 1980s, the main thrusts of the discussion of Status of the Artist were focused on economic status, contribution of artists/creators to society, and occupational status.
Québec has continually been in the forefront of artists’ rights. How can we encourage the federal government to expand the federal Act to more closely reflect Québec’s version?
What more can be done to encourage other provinces to enact status of the artist legislation?
Taxation
Taxation of the artist/creator has been a staple on the list of urgent problems for decades. Given the political will, it is possible for the federal government to resolve this issue unilaterally.
Is “dual status” still a valid concept? If so, how can the sector best achieve this?
How can the arguments for fair taxation for self-employed individuals be brought to the Department of Finance?
Social benefits
Self-employed individuals currently do not have access to social benefits and most artists/creators prefer to elect for self-employed status.
How can the existing model be improved to ensure all workers have access?
How can the cultural sector build “common cause” partnerships with other sectors on this issue?
How can we re-educate government away from the industrial labour model?
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POLICY ISSUES FACING PRODUCERS AND CULTURAL INDUSTRIES
Production and distribution are two critical elements for the health and integrity of the creative continuum. They are the traditional role of the producer and the cultural industries, and critical to the artistic and financial well-being of the artist/creator.
Given current and future international trade agreements, and the advance of new technologies, the sector needs a collective rethinking of where it is headed and what tools will be needed to achieve its goals.
Traditional Support Measures
It is crucial that the Canadian government invest in artists and creators but equally important that these have access to producers and the cultural industries to disseminate their work. To this end, certain restrictions to limit foreign ownership and control of our cultural industries have been developed along with several financial support measures.
Challenges to Traditional Measures
As new forms of distribution emerge, the process of adapting legislation and regulation has proven challenging, and convergence continues to test the efficacy of traditional approaches. This is further complicated, and in some cases compromised, by Canada’s involvement in international trade negotiations which challenge regulation or financial support mechanisms currently in place.
Producers
Cultural policy addressing the role of the producer or cultural industries used to be clearly defined; technology has changed this. A more holistic, supple approach to cultural policy is required to accommodate the changing roles within the creative continuum.
How can the sector move forward with new technologies and the opportunities that flow from them?
Given rapid technological advances (e.g.: the Internet), are traditional roles and disciplines changing or even disappearing?
What contribution should new distribution undertakings be required to make to the health and growth of Canadian culture?
How can we encourage production and innovation while at the same time ensuring Canadian ownership of those undertakings crucial to our national culture?
Is concentration of ownership detrimental to diversity of cultural expression?
A review of Canada’s foreign policy is likely to take place soon; is the sector prepared to address trade and international relations issues with an eye to the future?
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