Canada needs fair copyright laws that balance the interests of Canadian consumers with the rights of Canadian creators and makers in their creative works. In an increasingly digital world, balanced copyright law will make sure artists' rights are not just protected, but strengthened for the benefit of all Canadians.

How to reform Canadian copyright laws:

• Implement WIPO Performances and Phonograms Treaty and WIPO Copyright Treaty. There is no good reason for Canada’s conspicuous failure to modernize our copyright law in keeping with international norms, something we signalled we would do by signing the WIPO Internet Treaties in 1997.
• In order to implement the WIPO Internet Treaties, Canadian copyright law must provide performers a full range of economic and moral rights in sound recordings.
• In addition, economic and moral rights for performers in audio-visual works must be established in Canadian copyright legislation and at WIPO.
• The private copying regime, which is essential to the livelihood and work of creators, needs to be updated and expanded to apply to technologies that are ordinarily used by Canadians for private copying so that creators are fairly compensated. To maintain the balance between consumers and creators, copyright law must build on existing royalty systems so that income flows to artists regardless of how digital media develop.
• We need strong penalties for those who facilitate, induce and encourage copyright infringement against the will of creators who do not want to work for free. In particular, unauthorized file sharing / downloading / streaming is online theft which robs performers and impacts employment in the creative industries. In combating copyright infringement, the government should also concentrate on copyright reforms that facilitate legal access for consumers and fair compensation for creators.
• We need effective complaint-based mechanisms for rights-holders who object to their work being made available online without their authorization. It is not the role of ISPs to determine the legality of material being transmitted through their networks.

ACTRA's complete submission to the federal government's copyright consultations

 

Copyright Q and As

1. How do Canada's copyright laws affect you? How should existing laws be modernized?

• As professional performers who work in just about every audio-visual medium imaginable and copyright law affects our ability to make a living every day.
• There's no good reason for Canada's noticeable failure to modernize our copyright laws in keeping with international norms - something we signalled we would do by signing the WIPO Internet Treaties in 1997.
• We're excited by the opportunities the expanding digital world is creating. It's getting easier for Canadians and people around the globe to see and enjoy our work. However, current laws need to be modernized to ensure a balance between our need to protect the integrity of our image and to be paid for our work, while allowing Canadians to enjoy what they have legally purchased when and where they want.

2. Based on Canadian values and interests, how should copyright changes be made in order to withstand the test of time

• Collective licensing is the simplest and most flexible way of striking the balance between the rights of artists and Canadians who enjoy our work. Because royalties are set by the Copyright Board, the public interest is protected.
• Canadian consumers have become accustomed to time shifting and format shifting much of their entertainment. Such secondary uses - like storing television shows and movies on a PVR or creating digital copies of books and music - currently infringe copyright and generate no compensation for the creators who brought us these works. Rather than criminalizing these commonplace behaviours, we strongly support extending the private copying regime and creating a collective licensing system to match the consumer's desire with the creator's due.
• Canadians value their professional performers and other creators. Canadians also value access to their stories, music and other arts. Building on existing collective licensing models and the private copying regime is a balanced, robust way to help ensure that our Canadian creative community continues to achieve its creative promise and that Canadians can fully experience it, regardless of future changes in technology.

3. What sorts of copyright changes do you believe would best foster innovation and creativity in Canada?

• We should start by implementing the WIPO Internet Treaties and providing a full range of rights to audio-visual performers. Ensuring access for consumers and a fair return for creators is essential for developing our creative industries as a centrepiece of a strong economic recovery.
• Promoting wide access to and distribution of works created by Canada's professional creators is the best way to inspire creativity in those that experience their works. And the best way to promote access to and distribution of those works is by building on collective licensing models that give consumers what they want and creators what they need and deserve economically.

4. What sorts of copyright changes do you believe would best foster competition and investment in Canada?

• It's critical for Canada to bring our law up to the current international standards adopted by all of our key trading partners. This means implementing the 1997 WIPO Internet Treaties.
• We need changes that strengthen performer's copyright and extends moral rights to performers to foster creative innovation.
• The Copyright Act needs to recognize that as performers, we are largely self-employed entrepreneurs who take on significant economic risks in order to create the audio-visual works Canadians enjoy.
• Changes to the law that strengthen copyright not only provide the means for professional creators to earn a living, but also provide them with incentives to continue to invest in the creation of new works.

5. What kinds of changes would best position Canada as a leader in the global, digital economy?

• In addition to implementing the WIPO Internet Treaties, Canada needs to implement a full range of rights for audiovisual performers. We could then be a leader in pushing for WIPO to conclude its Audiovisual Performances treaty.
• Our delay in implementing the provisions of the 1997 Treaties has had a strong negative effect on our standing as a leader in the global digital economy.

More Information?

Performers seek made-in-Canada consensus solution to copyright

Performers push for Balanced Copyright Laws

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