The week’s abrupt resignation by Justin Trudeau means more uncertainty and crisis in parts of Canadian copyright law.

By Porter Anderson, Editor-in-Chief | @Porter_Anderson

‘The Current Government Is Unlikely To Follow Through’

Those in the world book publishing industry who watched the Canadian prime minister Justin Trudeau announce his resignation on Monday (January 6) may have wondered if a much needed change in Canadian copyright law might finally be ahead.

The logical question was whether the ensuing change in government might mean some relief is ahead for publishers and authors suffering under the fair dealing (fair use) exception of the  Copyright Modernization Act‘s 2012 amendments.

Shortly before Christmas, the copyright management organizations Access Copyright in English-language Canada and Copibec had issued a joint statement to various news media, saying that both organization’s specialists were “deeply concerned following the tabling of the Fall Economic Statement on December 16, 2024.

“Once again, the government has dismissed repeated calls from the book sector to amend the Copyright Act.”

At Copibec, executive director Christian Laforce said at the time, “While we welcome the announcement to amend the Copyright Act with regard to resale rights for visual artists, we had hoped that the government would seize the opportunity to mark the 100th anniversary of the act by providing rights holders with the means to be remunerated when their works are reproduced in the educational sector.”

And Kate Edwards, Access Copyright’s CEO, said, again in December, “Since the 2012 amendments to the Copyright Act, writers, visual artists, and publishers have lost hundreds of millions of dollars in revenue due to the educational fair dealing exception.

“Yet, instead of seeing a tangible response from the government, the book sector has had to endure endless broken promises.

“This failure on the part of the government continues to undermine the whole sector.”

‘Act Swiftly To Repair Our Copyright Law’

Today (January 10), Publishing Perspectives has been in communication with Edwards’ offices to ask if the Trudeau resignation might be seen as a sign of hope for change under the formation of a new national government in Ottawa.

Trudeau, in announcing that he would stay on as prime minister until a new Liberal Party leader is selected, suspended parliament’s activities—meant to resume on January 27—until March 24. That move is intended to allow for a party election.

“With the prorogation of Parliament on January 6,” Access Copyright’s Edwards says today in response to our inquiry, “we are disappointed that the current government is unlikely to be able to follow through on its long-standing commitment to creators and publishers to fix the Copyright Act.

“Regardless of the outcome of the next federal election,” she says, “whether it be in the spring or later in the year, Canadian creators and publishers expect that whoever forms government will act swiftly to repair our copyright law to restore fair compensation for the educational use of published works.”

Edwards and Laforce had minced no words in their late-December message , saying, “Canada’s inaction on fair dealing is disappointing and embarrassing, especially among our international partners.

“Canadian fair dealing exceptions have been flagged by the United States Trade Representative as a cause for concern, placing Canada on a watch list.

“This fall, the international copyright community gathered in Quebec City for IFRRO‘s annual congress [the International Federation of Reproduction Rights Organizations] where a resolution was passed, calling on the Canadian government to amend the Copyright Act. Despite this, our current copyright regime remains incompatible with international treaties, including the Berne Convention.”

Now, with the unexpected impact of the Trudeau resignation coming along with a parliamentary delay and an uncertain election ahead, the long-running distress to publishers and authors in Canada—so baffling to professionals in other international book markets—appears to be taking on a new layer of limbo.

Kate Edwards today, looking at the copyright legislation fix that Canada’s industry already has spent 12 years demanding, says, “This is essential to ensuring the continued creation of Canadian content to support classroom instruction and inspire the next generation of Canadian students.

“Similarly, Access Copyright will continue to work in collaboration with our partners in English- and French-speaking Canada to speak with a united voice to call on all political parties to address this long-standing issue.”

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More from Publishing Perspectives on the Canadian market is here, more from us on the Copyright Modernization Act is here, more on other copyright issues in world publishing is here, and more on rights trading, its trends and issues, is here.