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ARCHIVED — Chapter 3, Copyright Reform Agenda

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

A. Introduction

This chapter provides the Government of Canada's recommendations for a copyright reform agenda. It moves from a brief review of the Government of Canada's current policy work to a proposed roadmap for future policy and legislative work.

As mentioned in Chapter 1, the Government of Canada has already commenced the copyright reform process on a number of critical digital-related issues. It held consultations and proposed amendments to the Copyright Act regarding Internet retransmission of free over-the-air broadcast signals (Bill C-48). It also consulted on the four digital issues found in the Consultation Paper on Digital Copyright Issues. As a result, the Government of Canada's position on these issues has evolved significantly. In fact, there has been sufficient work to plan to introduce a bill on these and related issues in the coming year.

Much work remains to be done, however. The review of the Act in Chapter 2 illustrates the many issues that have been raised affecting the operation of the Act. The Government of Canada recognizes the importance of addressing all outstanding issues as part of the copyright reform process. It remains aware of the needs of stakeholders but is also mindful of the necessity of dealing with issues in a systematic and structured way instead of attempting to deal with all issues at once. Building on the approach set out in A Framework for Copyright Reform, the Government of Canada will therefore develop policy proposals and legislative amendments in a more focussed, more frequent but gradually staged manner. In this way, the Copyright Act can be maintained as a modern, progressive instrument.

In developing its copyright reform agenda, the Government of Canada has considered the various copyright challenges laid out in this report. As it moves forward, the Government of Canada will also continue to bear in mind the following principles that are designed to meet the economic and cultural policy challenges of Canada:

• ensuring net gains for Canadians;
• maintaining the responsiveness of the Act to technological innovation and new business models;
• clarifying the law where it will reduce the risk of unnecessary litigation; and
• ensuring a direction for reform that takes into account, and helps shape, international trends.

Criteria were also established to provide a rational guide to the public policy considerations for determining which issues ought to be examined in a particular sequence:

• where action is necessary to preserve the integrity of the Act;
• where action is dictated by an externally driven time line;
• where the issues have been thoroughly analysed and consulted upon;
• where Canada can seize early opportunities in the marketplace; and
• where consensus exists among stakeholders.⁸⁸

Consistent with these principles and criteria, the Government of Canada now proposes a copyright reform agenda that deals with issues packaged together according to a common thematic denominator for which policy work and legislative change can be reasonably and effectively achieved in a balanced, step-by-step manner. These thematic linkages are based on public policy needs, international pressures, categories of works or issues relevant to specific industry or cultural sectors. This agenda comprises three groupings of issues for which the Government of Canada hopes to effect legislative change over the short, medium and long term. The first grouping reflects issues for which policy work is well under way, as well as issues requiring urgent attention. The second and third groupings can be defined as part of the medium or long-term reform agenda, consisting of issues that the Government of Canada has been working on or is beginning to work on but that, for various reasons, are not yet ripe for legislative amendment (e.g. awaiting international developments), and for which parliamentarians may wish to provide input as a result of their review of this report.

Together, the three groupings represent the Government of Canada's current perspective on the best strategy to sequence these issues in the legislative reform agenda, while providing some flexibility. This strategy will be refined and specified as more research, analysis and consultation are undertaken on these issues. Policy development and consultations will necessarily be conducted at different stages for different issues. The Government of Canada will continue to assess the priority of issues on an ongoing basis, taking account of the above principles and criteria, available resources, domestic, international and technological developments, as well as parliamentarians' advice following their review of this report.

These groupings are neither conclusive nor definitive. Certain of the issues raised in Chapter 2 are set out in each grouping to illustrate the theme and scope of the grouping in practical terms. Not all issues raised in Chapter 2 will necessarily be found in the groupings, however.

⁸⁸. A Framework for Copyright Reform, supra, note 1, p. 6.