Thank you.
I am advocating for an overhaul of the crown copyright provision. The crown copyright provision in section 12 of the act contains just 85 words, but despite its brevity, it's been called the legislative monstrosity.
Crown copyright in Canada has been studied many times. I have here a study from 1977, 41 years ago, recommending, “That the Crown review its interests in the acquisition, control, administration and assertion of copyright.” Since then, other studies have noted its confusing nature and the need for significant revisions, but nothing has happened.
Confusion arises in many areas. For example, what is the precise nature of the royal prerogative? Does crown copyright apply to works produced by foreign governments if they're being used in Canada? Should works that are essential to a well-informed citizenry such as statutes, judicial decisions, and legislative debates be removed from the scope of crown copyright? These are but a few of the matters that need clarification.
A more pernicious problem exists. Section 12 is the only place in the act where there's potential for perpetual copyright. Crown copyright lasts for 50 years from the year of publication, but if a work is never published, its copyright will never expire. This applies to the millions of unpublished works created by federal, provincial, and territorial bureaucrats and preserved in Canada's archives.
Copyright was never intended to last forever, and this last preserve of perpetual copyright must be removed from our act. Time does not permit a discussion of the options for fixing this. The point is, crown copyright is long overdue for a comprehensive rethink. It's time to transform this outdated monstrosity into a measure that serves the public interest in the digital age. It's time to do what was recommended in 1977.
Since you've given me an extra minute, Mr. Chair, I'm on to topic two now, which is term extension. When copyright expires, works enter the public domain and can be used freely. A robust public domain is an essential feature of the copyright system. The public domain provides a rich source of raw material for new creative works. Overlong terms of copyright protection inhibit the growth of the public domain to the detriment of the public interest.
Proponents of term extension argue that it presents a greater incentive for authors to create new works; however, studies have produced no credible evidence that term extension results in increased creation, particularly if the authors are already dead.
Term extension does nothing to encourage the creation of new work. It also impedes the entry of works into the public domain. Canada's current terms of copyright protection are compliant with the minimum standards set out in the Berne Convention. To extend our term provisions further presents a massive obstacle to the use of Canada's documentary heritage in creating new works. No term extension.
Thank you.