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Home Copyright Law

RECOMMENDED CHANGES TO CANADIAN COPYRIGHT LAW

Lucy Garcia by Lucy Garcia
June 29, 2019
in Copyright Law
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The Committee’s document follows a study of remuneration models for artists and innovative industries and the challenges and possibilities of new get right of entry to factors for creative content. Before issuing its document, the Committee held 19 meetings, heard testimony from 115 witnesses, and obtained 75 written briefs. Witnesses protected representatives from various cultural industries in addition to authorities officials, lecturers, and different involved parties.

 

The Committee’s mandate turned into to try to understand the normal situation of Canadian artists, and the present day environment wherein they paintings and the way it has converted in latest years. The Committee diagnosed severa subject matters or demanding situations from the testimony it heard and representations it acquired, along with that:

There is a disparity or “fee hole” between the cost of innovative content loved by way of clients and the revenues which can be received via artists and the creative industries.
That there has been a intense decline within the capability of Canadian artists to earn a “middle-elegance” profits.
That remuneration has no longer stored pace with the rise of digital access points for creative content material.
In reaction to those demanding situations going through the innovative industries, the Committee issued a number of wellknown guidelines that the Government of Canada increase recognition of copyright regulation and artist remuneration, boom support for creators and innovative industries in adapting to new virtual markets, and boom efforts to combat piracy and implement copyright.

The Committee also advocated a series of specific legislative changes to Canada’s Copyright Act, which includes that the Government of Canada:

A variety of those tips are just like previously-introduced or promised modifications to the Act. For instance, the extension of the time period of copyright in Canada to 70 years has been previously promised by way of the Government, and the new Canada – United States – Mexico Agreement (meant to replace NAFTA) would require Canada to increase copyright protection in this way. Similarly, the Committee heard testimony from many witnesses talking to the need for reform to the practices and processes of the Copyright Board, which units various obligatory licensing tariffs in Canada. Following the Committee’s listening to, reform of the Copyright Board turned into introduced within the current price range implementation bill. However, at the prevailing time, those legislative changes have now not but been adopted.

Other recommended modifications, including the creation of an artist’s resale right to generate royalties for visual artists who otherwise most effective derive revenue from the preliminary sale in their works, might represent a greater radical departure from current Canadian copyright regulation.

At this time it’s miles uncertain when and in what shape those pointers might also provide upward thrust to unique legislative changes to the Copyright Act. Parliament is scheduled to adjourn in past due June 2019 and could no longer resume till after the Federal election scheduled for October of this 12 months.

Nonetheless, the Committee’s tips on this report hold and support an ongoing trend in Canada in the direction of several discrete changes in Canadian copyright regulation, together with the essential problems of term extension and reform of the Copyright Board.

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