A text by Lise Létourneau, President of Copibec’s Board of Directors.
Never has the issue of the Copyright Act reform in Canada attracted so much attention from stakeholders around the world as in the past month.
As Quebec and Canada took center stage at the 2024 World Congress of the International Federation of Reproduction Rights Organizations (IFRRO), Canada's copyright situation did not escape the attention of the international delegation of nearly 160 members representing over 90 countries.
The findings were worrying: Canada is at the bottom of the league when it comes to compliance with international copyright obligations.
In light of this worrying observation, the world leaders in copyright called on the Canadian government to take action to defend the rights of copyright owners in Canada and Quebec. They have joined with Copibec in demanding that the Canadian government keep its promise to reform the Copyright Act.
They passed a motion that “calls on the government to immediately amend the Copyright Act to implement the recommendations of the reform, to ensure that the legislation complies with Canada's international obligations and provides fair remuneration to rights holders for the reproduction of their works by educational institutions”.
Anita Huss-Ekerhult, CEO and Secretary General of IFRRO, said: “The entire IFRRO community is concerned about the legal implications of copyright in Canada. We have passed a resolution to support our Canadian members in their protection efforts.”
The Government of Canada must overcome its inertia and act now to modernize our copyright regime.
Copyright is essential for rights holders, enabling authors, publishers and visual artists to receive fair compensation for their work. It is the foundation of thriving businesses at the heart of the culture and economy of Quebec and Canada.
The federal government seemed to have understood this only recently. In Budget 2022, it pledged to “ensure the sustainability of the educational book publishing industry, including fair compensation for creators and rights holders”.
However, two years later, a loophole remains in the Copyright Act. The 2012 amendments to the definition of fair dealing have allowed abusive interpretations that exempt the education sector from paying rights holders.
Quebec creators find themselves in a unique situation. Although the Quebec government has taken steps to protect rights holders, the educational publishing sector remains vulnerable. The fair use option in the rest of Canada is a threat in licensing negotiations.
It's unfair that French-language literature and culture should be threatened by Quebec exemptions.
The situation is becoming worrisome, as universities in the rest of Canada avoid their payment obligations for the use of copyrighted material. The Canadian government is aware of this, but still refuses to change the law.
The Bloc Québécois has already defended Quebec culture. Martin Champoux, the party's spokesperson for Heritage, Arts and Culture, recently called on the government to take action in an MP statement in the House of Commons.
The work can't stop here. Rightsholders in Quebec and Canada need the government's support. This is not a minor issue: it's about ensuring fair remuneration for authors, publishers and visual artists.
As part of the 100th anniversary of the implementation of the Copyright Act, launched a bilingual podcast series entitled Copyright Act: A Century of Stories. Many experts denounce fair dealing as a loophole that has been exploited for too long.
All eyes of IFRRO organizations are on Canada. The Government of Canada, and all parties in the House of Commons, must stand up for our rights this fall. Without action, Canada will remain in the global spotlight for its inaction on copyright, and the creative community of Quebec and Canada will suffer.
About Copibec
Copibec is Quebec's collective management society for reproduction rights, representing more than 30,000 authors and over 1,400 publishing houses. Founded in 1997, it facilitates legal access to a vast repertoire of works protected by the Copyright Act through a licensing service. Internationally, the collective has signed agreements with 33 foreign societies, enabling it to manage the rights of millions of foreign publications. Its members include UNEQ, ANEL, RAAV, AJIQ, FPQJ, SODEP, Quotidiens du Québec and Hebdos du Québec.
IFRRO member signatories requesting copyright amendments in Canada:
AAP (United States), ABDR (Brazil), ACA (United States), Access Copyright (Canada), ADAGP (France), ALCS (United Kingdom), ARS (United States), ASCRL (United States), Authors Guild (United States), BBDA (Burkina Faso), BILDRECHT (Austria), Bildupphovsrätt i Sverige (Sweden), BONUS COPYRIGHT ACCESS (Sweden), BURIDA (Ivory Coast), CADRA (Argentina), CCC (United States), CDR (Colombia), CEDRO (Spain), CFC (France), CLA (United Kingdom), CLASS (Singapore), CLNZ (New Zealand), CMRR (Namibia), COPYDAN WRITING (Denmark), COPYGHANA (Ghana), COPYRIGHT AGENCY (Australia), COPYRIGHT POLSKA (Poland), COSBOTS (Botswana), COSOMA (Malawi), COSOTA (Tanzania), DACS (United Kingdom), DALRO (South Africa), DPCMO (Denmark), EFJ (Europe), ERRA (United Arab Emirates), EVA (Belgium), EWC (Europe), FEP (Europe), Fjölís (Iceland), HKRRLS (Hong Kong), IAF (United Kingdom), ICLA (Ireland), IFJ (United States), IPA (Switzerland), IRRO (India), JAC (Japan), JAMCOPY (Jamaica), JRRC (Japan), KazAK (Kazakhstan), Kopinor (Norway), KOPIOSTO (Finland), LIBRIUS (Belgium), LUXORR (Luxembourg), MASA (Mauritius), NLA (UK), NWU (USA), OSDEL (Greece), PICSEL (UK), Pictoright (Netherlands), PLS (UK), REPROBEL (Belgium), REPRONIG (Nigeria), SAZOR (Slovenia), SEMU (Belgium), SODAV (Senegal), SOFAM (Belgium), SOFIA (France), Stichting Leenrecht (Netherlands), STM (International), VG WORT (Germany), VISDA (Denmark), ZARRSO (Zambia).