On May 15, 2019, Parliament’s Standing Committee on Canadian Heritage launched a report entitled Shifting Paradigms containing a fixed of twenty-two exceptional and varied recommended amendments to Canada’s Copyright Act. The Committee’s record follows a look at remuneration fashions for artists and creative industries and the demanding situations and possibilities of new access points for the innovative content material. Before issuing its record, the Committee held 19 conferences, heard testimony from 115 witnesses, and acquired 75 written briefs. Witnesses protected representatives from numerous cultural industries in addition to government officers, teachers, and other fascinated parties.
The Committee’s mandate was to recognize the everyday scenario of Canadian artists and the modern-day surroundings in which they work, and how it has transformed in recent years. The Committee identified several themes or challenges from the testimony it heard and representations it acquired, such as that: There is a disparity or “price gap” between the fee of creative content material enjoyed by way of customers and the sales that are received by way of artists and the innovative industries. There was an extreme decline in the capacity of Canadian artists to earn “middle-magnificence” profits. That remuneration has not kept pace with the upward push of virtual entry to points for creative content.
In reaction to those demanding situations facing the innovative industries, the Committee issued some of the fashion tips that the Government of Canada improve attention to copyright regulation and artist remuneration, growth assistance for creators and innovative industries in adapting to new virtual markets, and efforts to combat piracy and put in enforce copyright. The Committee also endorsed a chain of specific legislative changes to Canada’s Copyright Act, consisting of the Government of Canada:
Extend the term of copyright from 50 to 70 years from the writer’s death. Extend moral and monetary rights to audiovisual performers.
Amend s. 34.1 of the Act deems the screenwriter and director the co-owners of copyright and co-authors of television or cinematographic works. Amend the Act to clarify that honest dealing must not be observed in instructional establishments while the work is commercially available. Harmonize and enhance the enforcement of statutory damages for infringement. Establish an artist’s resale right.
A range of these recommendations is just like previously introduced or promised adjustments to the Act. For example, the extension of copyright in Canada to 70 years has been previously promised by the Government. The brand new Canada–United States–Mexico – Mexico Agreement (supposed to update NAFTA) would require Canada to increase copyright safety in this manner. Similarly, the Committee heard testimony from many witnesses speaking to the need for reform to the practices and procedures of the Copyright Board, which sets numerous compulsory licensing price lists in Canada.
Following the Committee’s listening, reform of the Copyright Board changed into introduced within the latest finance implementation bill. However, at the prevailing time, those legislative modifications have not yet been adopted. Other advocated changes, together with the advent of an artist’s resale proper to generate royalties for visual artists who, in any other case, simply derive revenue from the initial sale of their works, would represent an extraradical departure from present Canadian copyright law.
At this time, it’s miles doubtful whether and in what shape these recommendations might also provide upward thrust to precise legislative changes to the Copyright Act. Parliament is scheduled to adjourn in June 2019 and will not resume till after the Federal election scheduled for October of this year. Nonetheless, the Committee’s suggestions in this file maintain and improve an ongoing trend in Canada towards numerous discrete adjustments in Canadian copyright regulation, including the important issues of term extension and reform of the Copyright Board.
