Parliament Hill in Ottawa. Image – Getty: Matthew Lloyd
By Porter Anderson, Editor-in-Chief | @Porter_Anderson
Also from Canada today:
Canada’s Cundill History Prize Names Its 2024 Finalists
‘The Legal Implications in Canada Related to Copyright’
The disturbing blind eye that the Canadian government has turned on its 2012 Copyright Modernization Act has once more triggered blistering international criticism today (October 3), with IFRRO’s newly affirmed support for Access Copyright and Copibec‘s recommendations.
IFRRO, as Publishing Perspectives readers know, is the International Federation of Reproduction Rights Organizations—the world body for such copyright management organizations as Copibec and Access Copyright.
On Wednesday (October 2), seated its annual general assembly in Québec, IFRRO voted, in plainest terms, to slam the Canadian Parliament for its glaring negligence in the matter of the long-running Copyright Modernization Act’s stark mistakes.
The IFRRO general assembly this week has been comprised of 150 members from 80 nations, and from that plenary, the organization has issued a statement that calls the recommendations of Access Copyright and Copibec, an in”initiative intended “to restore a viable market for the reproduction of copyrighted works in the Canadian educational environment, in line with international copyright commitments.”
In the day’s summation of the crisis, the most important information is this: “Canada’s 2012 Copyright Modernization Act introduced an exception for fair dealing [also called ‘fair use’ in some markets] in educational settings that is incompatible with international copyright treaties, notably the Berne Convention.
“The Canadian government has not yet acted to guarantee fair remuneration for creators and rights holders for the reproduction of their works by educational institutions.”
Anita Huss-Ekerhult
And in IFRRO’s statement of support, Anita Huss-Ekerhult, IFRRO’s CEO and secretary-general, says, “The whole IFRRO community is concerned about the legal implications in Canada related to copyright.
“As a community, we have approved a resolution at this year’s general assembly to further show our support to our Canadian members in their endeavors to protect copyright and collective management.”
The Three-Part Bid For an Amendment
The coordinated call from Copibec and Access Copyright calls for a three-part amendment to the Copyright Act:
- Ensure that fair dealing only applies to institutions where a work is not commercially available under license by the owner or collective.
- Clarify that tariffs approved by the Copyright Board of Canada are mandatory, and enforceable against infringers of copyright-protected works subject to a tariff.
- Ensure statutory damages are available to all collectives and rebalanced to deter mass copying by institutions.
Both in-country and international appeals have fallen on deaf ears for years. Ottawa simply does not seem to care that its own publishing industry reports more than CAN$50 million have been lost to this problem. They seem to be unfazed by world condemnation. For a nation that prides itself on a culture of fair play and enlightened governance, this has become a major blind spot, as understood in the other great publishing markets of the world.
“FRRO calls on the Canadian government to immediately amend the Copyright Act to implement these recommendations, we read in media message sent to the international press today.
“This legislative change is essential to ensure that the Canadian legal framework complies with Canada’s international obligations, and to promote the remuneration of rights holders for the reproduction of their works by educational institutions.
“With Canada’s Copyright Act celebrating its centenary this year, there’s never been a better time to position Canada as an international model for copyright.”
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.