CCA Bulletin 25/08

 July 22, 2008

 Copyright Reform: from balancing competing interest to establishing

a market-place approach to rights?

Just the Facts

The least one can say is that the long-awaited tabling of Bill C-61 in June by the Minister of Industry, the Hon. Jim Prentice and the Minister of Canadian Heritage, the Hon. Josée Verner has been greeted with mixed reviews.  There are those who support the proposed revisions and others who suggest that many of the measures in the bill are unenforceable. Recent criticisms even denounce Bill C-61 as detrimental to the environment in that it creates further barriers to the reuse of electronic equipment!

While the CCA continues to consult with its members on this important legislation, it is clear that the discourse around copyright has undergone a fundamental change with the tabling of this draft legislation.

Until now, the perpetual mantra of the federal government has been that the role of the government is to seek a balance of the interests of creators and copyright owners and users. This mantra has now been replaced with a completely different paradigm. It is most evident in the prologue to the legislation where we read:

“Whereas the Copyright Act is an important marketplace framework law and cultural policy instrument that, through clear, predictable and fair rules, supports creativity and innovation and affects many sectors of the knowledge economy; (added emphasis)

Whereas advancements in and convergence of the information and communications technologies that link communities around the world present opportunities and challenges that are global in scope for the creation and use of copyright works or other subject-matter; (…)

And whereas Canada’s ability to participate in a knowledge economy driven by innovation and network connectivity is fostered by encouraging the use of digital technologies for research and education…”

The concept of marketplace framework is one which places the onus on the relationship between the creator/copyright owner and the user to come to an agreement on the terms of access to intellectual property. While the CCA welcomes the recognition that copyright is an essential tool to reward and encourage creativity and innovation, the expanded exceptions within C-61 broaden access to copyrighted materials with little recompense to the creator/copyright owner.

The CCA has been promoting the concept of the creative economy as a general rubric for public policy development at the federal level. This would be achieved through a variety of measures such as taxation policy, access to social benefits for self-employed Canadians and other measures to encourage and reward creativity and innovation. If the acknowledgement of the advent of the knowledge economy is sincere, progress in other areas of public policy is needed to support the objective outlined in Bill C-61.

The micro-management of the use of everyday technologies within Bill C-61 raises real questions about the capacity of government to enforce provisions for private use. On the other hand, with broader access being proposed for users such as the educational sector, among others, it is difficult to discern whether such provisions are intended to address current popular practice or to embark on a new concept of copyright more designed for the “marketplace framework” C-61 seeks to establish.

 Tell Me More

 The summer recess of Parliament will give organizations like the CCA an opportunity not only to study the provisions within C-61 with greater care, but also to substantiate the conceptual shift from balance of interests to marketplace framework. This is particularly important to assess since the CCA has traditionally supported the droit d’auteur position.

The CCA will be consulting with officials within the Department of Canadian Heritage and Industry, CCA members and representatives of the copyright communities in preparing a submission to the Parliamentary Committee that will review this legislation.

The CCA is also preparing a pre-budget submission to the Standing Committee on Finance which will present other public policy measures necessary to support the growth of the creative economy. Copyright policy is clearly a main pillar in the promotion of creativity and innovation.

The challenge for the CCA and others within the cultural sector will be to determine if the provisions in C-61 are positive contributions to this goal or impediments to the growth and stability of the creative sector.

What can I do?

 The CCA will publish later during the summer a more detailed analysis of this draft legislation. Keep an eye on your mailbox to be sure to catch this important information. In the meantime, if you want to raise any aspect of this file that the CCA should be aware of, please contact us.