Question Period Note: Review of the Copyright Act

The Parliamentary review of the Copyright Act was launched in March 2018 under the leadership of the Standing Committee of Industry, Science and Technology with the support of the Standing Committee on Canadian Heritage. During the last mandate, the Government undertook a phased review with three public consultations that were held between February and September 2021.

• Canada’s copyright framework must continue to adapt to the digital age to support the changing needs of creators, rights holders and Canadians more broadly.

• The goal is a healthy copyright marketplace in which creators and rights holders reap the full rewards of their work, and where Canadians have access to a variety of content.

• The Government is currently reviewing submissions from the recent public consultations. To fulfill its CUSMA commitment, it will also extend the general term of copyright protection to 70 years (after the life of the author) by the end of 2022.

Parliamentary Review of the Copyright Act
• The Parliamentary review of the Copyright Act (Act) was launched in March 2018 under the leadership of the Standing Committee of Industry, Science and Technology (INDU). To support the review, the Standing Committee on Canadian Heritage (CHPC) conducted a study on remuneration models for artists and creative industries.
• On May 15, 2019, CHPC tabled its report in the House of Commons on Remuneration Models for Artists and Creative Industries entitled, Shifting Paradigms.
• On June 3, 2019, INDU also presented its report in the House entitled Statutory Review of the Copyright Act.
• In their reports, the Standing Committees put forward a combined 58 recommendations on updating the Act and its framework.
• The government did not have the time to respond within the 120 days deadline due to the 2019 Federal Elections.
• The Minister of Canadian Heritage’s previous mandate letter included a commitment to work with the Minister of Innovation, Science and Industry to review the Copyright Act.
Public Consultations
• In 2021, Canadian Heritage and ISED held three public consultations on specific copyright issues raised during the Parliamentary review of the Act.
• Consultations focus on three main issues: (1) Canada’s CUSMA commitment to extend its general term of copyright protection and whether accompanying measures should be adopted to address potential implications of term extension; (2) How Canada should modernize its copyright framework for online intermediaries; and (3) How Canada should modernize its copyright framework for artificial intelligence (AI) and synchronized devices equipped with smart software, also known as the Internet of Things (IoT).
How to implement Canada’s commitment under CUSMA to extend the general term of copyright protection
• Under the new Canada-United States-Mexico Agreement (CUSMA) commitment, Canada has agreed to extend its general copyright term of protection from 50 to 70 years after the life of the author, by the end of 2022.
• From February 11 to March 31, 2021, the government consulted on how to implement Canada’s commitment under the Canada–United States–Mexico Agreement to extend the general term of copyright protection.
• The Consultation paper asked stakeholders and members of the public whether term extension should be implemented alongside accompanying measures that address the issues of orphan and out-of-commerce works and if so, what those accompanying measures should be.
• Officials are currently reviewing the 115 submissions to help the Government determine whether accompanying measures should be adopted to mitigate potential implications of a longer term of protection.
A modern copyright framework for online intermediaries
• From April 14 to May 31, 2021, the government consulted on how the use of copyright-protected content online is protected and how individual rights and freedoms in an open Internet are safeguarded, while facilitating an environment where the digital market can thrive.
• The government received 190 submissions in total from stakeholders and members of the public.
• Officials are currently reviewing and analyzing the submissions to propose recommendations to ensure that Canada's copyright framework for online intermediaries reflects this evolving digital world.
A modern copyright framework for artificial intelligence and the Internet of things
• From July 16 to September 17, 2021, the government consulted on how Canada should modernize its copyright framework for artificial intelligence (AI) and synchronized devices equipped with smart software, also known as the Internet of Things (IoT).
• The Government launched this consultation to invite additional perspectives and evidence concerning the copyright issues surrounding AI and IoT including text and data mining, authorship and ownership of works created by AI, infringement and liability regarding AI, and repair and interoperability issues related to technological protection measures.
• Officials are currently reviewing the 67 submissions to help inform the government’s policy development process to ensure that Canada’s copyright framework for AI and IoT reflects the evolving digital world.

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