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ARCHIVED — Chapter 1, Introduction

Supporting Culture and Innovation: Report on the Provisions and Operation of the Copyright Act

E. Canada's Approach to Copyright Reform

Copyright reform is a work in progress. Technological development - new and constantly changing methods of reproduction, distribution and dissemination — has meant that copyright laws around the world constantly face calls for review. The tools, skills, talents and technologies that creators rely on to create copyright works are constantly changing and developing. Ensuring that the Canadian Copyright Act remains responsive to domestic and international developments, and to technological change, is challenging.

In the past, the Government of Canada attempted to meet the needs of a wide range of stakeholders by undertaking comprehensive phases of legislative change. However, the often-varied interests of copyright stakeholders resulted in polarization and an unwieldy legislative process. The government, in support of good public policy and in recognition of the need to make legislative change quickly and efficiently, sought a new approach to copyright reform.

With the release of A Framework for Copyright Reform (the Framework document) in June 2001, the Government of Canada outlined a step-by-step process for reforming Canadian copyright legislation in the coming years. As set out in the Framework document, the Government of Canada is working to build a strong copyright framework for the future through regular cycles of legislative reform. Revisions will be more effective and responsive by dealing with targeted groupings of related issues and by being guided by strong public interest objectives. The Framework document sets out the four key objectives to be met through the reform process:

• create opportunities for Canadians in the new economy;
• stimulate the production of cultural content and diversity of choices for Canadians;
• encourage a strong Canadian presence on the Internet; and
• enrich learning opportunities for Canadians

In addition, two sets of pressing issues were identified in the Framework document for immediate attention: Internet retransmission of broadcast programs; and certain key threshold digital issues,¹⁵ including the three main Internet issues raised by the WCT and WPPT and the question of ISP liability. The Government of Canada began public consultations in June 2001 with the release of two consultation papers on these issues. With respect to Internet retransmission, Bill C-48 was introduced in December 2001. The Bill was adopted by the House of Commons in June 2002 and has now been referred to the Senate. With respect to the digital issues, the Government of Canada received more than 600 submissions from interested parties during the fall of 2001 and held face-to-face round table meetings across Canada in the spring of 2002. It is currently reviewing the results of these consultations in preparation for addressing the first group of issues in the reform agenda, as presented in Chapter 3.

The Government of Canada's aim is to maintain a modern Copyright Act that promotes the best interests of Canadians, while adhering to our international obligations. While parliamentarians consider this report, the Government of Canada will continue to develop policy options and proposals and to consult Canadians. As the Government of Canada moves forward over the coming years to modernize Canada's copyright law, Parliament will have the opportunity to engage in public debate on specific pieces of legislation amending the Act.

The Government of Canada invites parliamentarians to consider the information and analysis in this report and the proposed agenda for the policy work ahead.

¹⁵ Industry Canada and Canadian Heritage, Consultation Paper on Digital Copyright Issues (Ottawa: Industry Canada and Canadian Heritage, 2001).
Industry Canada and Canadian Heritage, Consultation Paper on the Application of the Copyright Act's Compulsory Retransmission Licence to the Internet (Ottawa: Industry Canada and Canadian Heritage, 2001).