Update on the Copyright Struggle

Update on the Copyright Struggle

Because we feel that the issue of copyright is so important for all writers, we have chosen to present the latest update on the parliamentary review of the Copyright Act received from Access Copyright in its entirety. This message was sent out to all Access Copyright members on May 25. Please read, share and submit your story to the members of the review committee. It matters for all writers and visual artists…including you!

If you are not sure what the review is all about, read our previous blog Copy that! that explains it all.

Roanie Levy, President & CEO of Access Copyright, appeared before the Standing Committee on Industry, Science and Technology on May 22nd, as part of the ongoing Copyright Act review.Watch Roanie’s appearance before the Industry Committee (it starts at 16:38:00 of the video).

The session was very well received and based on the nature of the questions that were brought forward by members of the committee, it is clear that the committee is beginning to appreciate that creators and publishers have been significantly harmed since the Copyright Modernization Act was passed.

Image result for i value canadian storiesThe outcome of the session is a testament to the hard work that our community has been doing with the INDU Committee. The number of creators and publishers who have shared their personal stories during their recent cross-country tour have made an incredible difference by putting a relatable face to the problem, making it more difficult to ignore.

While this gives us all pause to feel encouraged, it is also critical that we bear down to double up our efforts and keep up the momentum. The opposition is pulling no stops and we can’t afford to either.

Make a submission to the Industry Committee

We encourage everyone to take the time to write a submission to the INDU committee.

Written submissions are meant to be brief and can be as simple as a one-page letter outlining your personal story of impact. They will help to keep reinforcing that Canadian creators and publishers have been hurt economically by 2012 changes to the Copyright Act and that the continued creation of Canadian content is at stake during this review.

 

The House of Commons has prepared detailed guidelines on making a written submission.

Image result for i value canadian storiesHere are some basic things to keep in mind for a submission.

  • Address your submission to the “Members of the Standing Committee on Industry, Science and Technology”
  • As submissions will be posted online, they should not include personal contact information beyond your name.

For the email used to submit your submission (the email will not be posted with your submission):

 

  • Send to indu@parl.gc.ca.
  • The person reading the emails is Michel Marcotte, the clerk of the Industry Committee. The email should be addressed to him.
  • The email should include your address, email and phone number.
  • We recommend asking for confirmation of receipt of your submission.

EImage result for i value canadian storiesngage Through I Value Canadian Stories

If you haven’t visited IValueCanadianStories.ca recently, new letters directed at the Committee were added in late April so please take a moment to send one today.  You can also get active on social media and encourage your friends to take part.

Copy that!

Copy that!

Gwynn Scheltema

My Access Copyright notification came the other day to say that the Writers and Artists Payback Claim period for 1997 to 2016 opened on April 1 (closing date is May 31). I’ve also received several updates about the ongoing battle for creator rights in our Canadian Courts and what we as writers can do to help. The Writers’ Union of Canada (TWUC) also sent an update on the court cases and the advocacy they are doing.

I’ve watched my Access Copyright cheque shrink drastically over the last few years because of the education sector’s refusal to pay royalties, as has every other writer. Access Copyright and TWUC, along with other national writers organizations, are working hard on our behalf to address this issue, but ultimately, we the creators should also take action.

I’ll bring you up to date on the legal situation, and tell you how you can help.

What is Access Copyright?

Access Copyright is a non-profit, national organization representing Canadian writers, visual artists and publishers, and the work they create. Access Copyright also partners with similar organizations around the world doing the same thing abroad. Together they represent our creative works when it comes to those who want to copy and share those works in schools, corporations, governments and research situations.

Access Copyright manages the licenses and the collection of licensing fees for copied, shared and remixed content and passes those royalties on to the copyright holders. These royalties have traditionally formed around 20% of writers’ and 16% of publishers’ income. Advocacy around intellectual property is also an important part of the services Access Copyright offers to creators.

Background to the current court action

Prior to an amendment to the Copyright Modernization Act in November 2012 adding “education” as an allowable purpose under fair dealing, the education sector assured Canadian writers, visual artists and publishers they had nothing to be worried about and that this change would not impact their royalty income negatively.

Then in 2013 the ministries of education and post-secondary institutions walked away from long-standing licensing agreements. According to Access Copyright, over 600 million pages are now copied FOR FREE each year by that sector. Education’s new copying policies have devastated royalty income for creators and publishers resulting in a whopping 80% decline.

And it goes further: Course packs containing entire chapters of books, full short stories from collections and anthologies and shared online digital book copies have reduced primary book sales so that publishers receive less and, in turn, writers receive less in royalties from their publishers.

Taking the matter to court

Access Copyright felt it was time to take the matter to court. They sued York University for non-payment of mandatory fees (known as the Interim Tariff) and York counterclaimed that they did not have to pay because their actions constituted “fair dealing” under Fair Dealings Guidelines.

Finally, in 2017, the court ruled in favour of Access Copyright on both claims, but York immediately appealed.

Then at the end of 2017, the Federal Government launched a Parliamentary Review of the Copyright Act. There was now hope that the review would rebalance the law allowing creative professionals to earn the income they were due.

The big surprise, and disappointment, came in February of this year when most of Canada’s provincial education ministries and all of Ontario’s school boards launched legal action against Access Copyright.

It becomes vital now that we make our voices heard by the policy makers conducting the review, so that the legislation can be made stronger to ensure that creators are fairly compensated.

So what can you do to help?

  1. Start by understanding the issue fully. Go online and check out Access Copyright, TWUC, I Value Canadian Stories and Focus on Creators.
  2. Watch and share this video to learn how present copying practices impact the creation of content for tomorrow’s classrooms, and create a value gap for creators.
  3. Write a letter to your MP urging them to support creators during the ongoing Federal Parliamentary Review. Several of the sites listed in #1 have letter kits to guide you.
  4. Make a personal submission, to the Standing Committees from both Canadian Heritage (CHPC committee) and Innovation, Science, and Economic Development (INDU committee) who have begun considering witnesses and submissions as part of the Parliamentary Review.
  5. Tell other writers and urge them to get involved. 

Want to learn more about copyright in Canada?

(links and explanations thanks to Access Copyright website)