Mr. Chair and committee members, the Association des réalisateurs et réalisatrices du Québec is very pleased to be appearing today to discuss this important review of the Copyright Act. My name is Mylène Cyr, and I'm the executive director of the association. I'm joined by Gabriel Pelletier, the president of the association.
The ARRQ is a professional union of freelance directors. It has over 750 members, who work mainly in French and in the film, television and web fields. Our association defends the professional, economic, cultural, social and moral interests and rights of all directors in Quebec. The negotiation of collective agreements with various producers in one step taken by the association to defend the rights of directors and ensure respect for their creation conditions.
I'd like to discuss some of the goals mentioned by Minister Bains and Minister Joly in their letter to the chair of this committee: How can we ensure that the Copyright Act functions efficiently ... and supports creators in getting fair market value for their copyrighted content?
Finally, how can our domestic regime position Canadian creators ... to compete on and harness the full potential of the global stage?
As the Copyright Act stands, the determination of the creator of a work is primarily a question of fact. The act never specifies who the creator is. Film works, which are generally collaborative, are no exception. Canadian case law states that, if there are many candidates for the title of creator of the film work, the director and scriptwriter will generally be among them.
According to the principle issued by the Supreme Court, these creators clearly use their talent and judgment to create the film works. Under the act, the creators are the first owners of the copyright of the film works. However, certain sections of the act, in particular the sections that concern presumptions, generate some ambiguity in this area. This ambiguity prevents directors from obtaining fair market value for their rights. The SACD and SCAM brief states as follows:
When SACD-SCAM tried to negotiate general licences for the benefit of directors with certain users of audiovisual works, the users refused to negotiate on the basis of the legal uncertainty. Directors currently do not receive all the compensation to which they are entitled for the use of audiovisual works.
Recently, in our collective agreement negotiations, an association of producers questioned the ownership of the rights of freelance directors to film works. The effects of this ambiguity are particularly significant in a context where the broadcasting market is constantly evolving and where the market value of copyright must be able to evolve with it. It's therefore essential to give the market a clear chain of title that can be negotiated at its fair value for creators.
We find that it would be appropriate, as part of the review of the act, to clarify any ambiguity concerning the status and rights of the director and scriptwriter when it comes to film works in Canada. The ARRQ is proposing a simple amendment to the act that does not call into question the principles of the act or the current method of compensation, but that would resolve any ambiguity regarding the rights of freelance directors. We're submitting an amendment of section 34.1, which introduces presumptions respecting the copyright ownership of film works for the director and scriptwriter as co-creators of the film works.
This proposal, which the ARRQ supports, has been agreed upon by the SARTEC, WGC and DGC artists' associations. It also fulfills the objectives of the SACD-SCAM collective society.