During the copyright consultations in 2009 there was a clear message from the round tables, the town hall meetings, and online discussions that it's important to ensure that Canada's copyright laws are forward-looking, flexible, and in line with current international standards. Many comments were received that creators need new tools to remain creative, innovative, and competitive internationally. We also heard that modern legislation needs to recognize new habits in consuming and creating cultural content that have emerged as a result of the digital media you're studying here.
In general, the marketplace thrives when there are clear, predictable, and fair rules that enable all parties to engage with confidence. The Copyright Act is an important piece of that framework law for the marketplace.
I can't speculate myself on what will happen if the legislation is not updated, but I can give you a few examples of the kinds of concerns we've heard from others if it is not updated.
Online piracy has certainly been raised by a broad range of stakeholders as an issue in moving their businesses online in Canada. Publishers and the film industry come to mind in particular. Our current law does not have provisions that address explicitly the enabling of online piracy.
From a consumer perspective, the technologically specific treatment of “personal use” and a limited coverage of activities creates uncertainty for Canadians who wish to engage fully in the digital environment.
The last example is very specific: photographers have said that under the Copyright Act as it stands, they are at a competitive disadvantage in the global market for stock photography. This is due in part to the treatment of photographers as authors or first owners of copyright under the current Copyright Act. It's a very specific challenge with this law that needs to be modernized.