Shifting Paradigms: Remuneration Models for Artists and Creative Industries in the Context of Copyright

May 15, 2019

The House of Commons Standing Committee on Canadian Heritage (CHPC) today tabled Shifting Paradigms, a report on the results of its study on Remuneration Models for Artists and Creative Industries in the Context of Copyright with 22 recommendations for consideration by the House or the Government.

The study was initiated in March 2018 at the request of the House of Commons committee undertaking the parliamentary review of the Copyright Act, specifically to

conduct a study on remuneration models for artists and creative industries, including rights management and the challenges and opportunities of new access points for creative content; that the Standing Committee on Canadian Heritage call upon a broad range of stakeholders and experts on such matters; and that it provide the Standing Committee on Industry, Science and Technology a summary of testimonies and recommendations related to the items mentioned above for the parliamentary review of the Copyright Act.

Among the themes and topics heard by the Committee were:

• Indigenous perspective on copyright
• Copyright literacy
• Copyright Board reform
• Copyright term extension
• Fair dealing and fair remuneration
• Resale rights for visual arts

Recommendations

1. That the Government of Canada increase its support for creators and creative industries in adapting to new digital markets.
2. That the Government of Canada develop mechanisms by which streaming services will develop and promote Canadian content.
3. That the Government of Canada create educational materials to raise awareness of copyright provisions and artist remuneration for consumers.
4. That the Government of Canada create educational materials to raise awareness of copyright provisions as well as artists’ rights and responsibilities under the Copyright Act for artists and creators.
5. That the Government of Canada review the safe harbour exceptions and laws to ensure that Internet service providers are accountable for their role in the distribution of content.
6. That the Government of Canada increase its efforts to combat piracy and enforce copyright.
7. That the Government of Canada pursue its commitment to implement the extension of copyright from 50 to 70 years after the author’s death.
8. That music streaming services be regulated like other Canadian music services.
9. That tariffs for online music services be reviewed by the Copyright Board to ensure royalty payments provide fair compensation for artists.
10. That the Government of Canada amend the radio royalty exemption found at section 68.1(1) of the Copyright Act so that it applies only to independent and/or community-based radio stations.
11. That the Government of Canada amend the definition of sound recording found in section 2 of the Copyright Act to allow sound recordings used in television and film to be eligible for public performance remuneration.
12. That the Government of Canada review, clarify and/or remove exceptions contained in the Copyright Act, ensuring that any exception respects section 9 of the Berne Convention for the Protection of Literary and Artistic Works, to which Canada is a signatory.
13. That the Government of Canada meet international treaty obligations (including Berne Convention for the Protection of Literary and Artistic Works, the Trade-Related Aspects of Intellectual Property Rights Agreement, and World Intellectual Property Organization Copyright Treaty).
14. That the Government of Canada amend subsection 14(1) of the Copyright Act so that it reads “from 25 years after assignment.”.
15. That the exception for charitable organizations in subsection 32.2(3) of the Copyright Act be clarified to apply strictly to activities where no commercial monetary gain is intended.
16. That the Government of Canada extend moral and economic rights to audiovisual performers.
17. That the Government of Canada amend section 34.1 of the Copyright Act to deem the screenwriter and director the co-owners of copyright and co-authors of a television or cinematographic work.
18. That Government of Canada amend the Act to clarify that fair dealing should not apply to educational institutions when the work is commercially available.
19. That the Government of Canada promote a return to licensing through collective societies.
20. That the Government of Canada review, harmonize and improve the enforcement of the statutory damages for infringement for non-commercial use in section 38.1(1) of the Copyright Act.
21. That the Government of Canada harmonize remedies for collective societies under the Copyright Act.
22. That the Government of Canada establish an artist’s resale right.