There will be no new books, songs or plays added to the public domain in Canada until 2043 after the government squeezed in a change to copyright laws just before the end of 2022.
Until Dec. 30, copyright protection applied to literary, dramatic, musical or artistic works for the life of their author plus another 50 years.
But as of that date, an artistic work won’t join the public domain for the life of the author plus another 70 years.
The change brings Canada into compliance with a commitment it made under the new North American free trade deal to match its copyright protections with those in place in the United States since 1998. That deal gave Canada until Dec. 31, 2022, to fall in line and it beat the deadline by one day.
In a statement from the office of Innovation Minister Francois-Philippe Champagne, the government said the change also puts Canada in line with many other countries, including those in Europe, the United Kingdom and Australia.
“Canada will continue to do its part to protect the interests of artists, creators and rights holders, while continuing to balance the needs of industry,” the statement said.
Public domain use means works can be republished or repurposed without seeking permission or paying a rights holder for the use of the work.
It’s what has allowed, for example, numerous adaptations, reprints, prequels and sequels for “Anne of Green Gables,” which joined the public domain in the United States in 1983 and in Canada in 1992.
Public domain also allows libraries, museums and archives to use works freely for research and historical purposes, including posting online archives of the important papers of politicians and world leaders.
Any remaining copyright on writings to or by former prime minister Lester B. Pearson would have been lifted on Jan. 1, under the old law because he died in 1972. Now that won’t happen until 2043.
It is not retroactive, but applies to any author, composer or screenwriter whose works would have been added to the public domain between now and 2043, meaning for 20 years nothing new will be added to the public domain in Canada.
That period affects novels by Canadian authors such as Margaret Laurence and Gabrielle Roy, but also international writers such as J.R.R. Tolkien and Roald Dahl.
Writer associations have generally been in favour of the changes, saying the more assurance creators have to get paid for their work, the more incentive there is to create.
Academics, librarians, archivists and museums, however, argue that it limits their ability to access and use hundreds of works, most of which no longer have any commercial value.
“The reality is that the vast majority of works that enter into the public domain have very little, typically no commercial value anymore,” said Michael Geist, Canada Research Chair in internet and e-commerce law at the University of Ottawa.
“And that’s one of the reasons why many others are really troubled by this extension, because so many of the works may have historical cultural value, but don’t have commercial value anymore.”
Geist also disputes the notion the 50 year post-death time frame was stifling creation.
“No one is thinking of writing the great novel right now and might have hesitated for the last number of years because they’re heirs only got 50 years and they wake up this morning and think ‘now I’m really going to do it because there’s that extra 20 years of protection after I’ve died,”‘ he said. “People just don’t think that way.”
He said the extra protection has a commercial benefit for a small number of people, and that could have been addressed with an opt-in clause, so rights holders of works that do still have commercial value could ask for an extension.
He also said it extends the limits on access or use of what are known as orphan works, those which the rights holder is not easily reached.
Geist also accused the government of burying the change, by putting it near the bottom of a nearly 450-page budget bill last spring. The government didn’t highlight the copyright act changes in any of its documents about that bill.
There was also no government announcement when cabinet decided in November to set the in effect date to Dec. 30, or when it did take effect. In all, the government issued 3,998 news releases in 2022 and not one of them was about the changes to copyright law.
“A lot of people are just literally waking up over the last couple of days to this issue and are shocked to learn this is something Canada went ahead and did, because it got so little coverage and attention,” Geist said.
This report by The Canadian Press was first published Jan. 2, 2023.
VANCOUVER – Contract negotiations resume today in Vancouver in a labour dispute that has paralyzed container cargo shipping at British Columbia’s ports since Monday.
The BC Maritime Employers Association and International Longshore and Warehouse Union Local 514 are scheduled to meet for the next three days in mediated talks to try to break a deadlock in negotiations.
The union, which represents more than 700 longshore supervisors at ports, including Vancouver, Prince Rupert and Nanaimo, has been without a contract since March last year.
The latest talks come after employers locked out workers in response to what it said was “strike activity” by union members.
The start of the lockout was then followed by several days of no engagement between the two parties, prompting federal Labour Minister Steven MacKinnon to speak with leaders on both sides, asking them to restart talks.
MacKinnon had said that the talks were “progressing at an insufficient pace, indicating a concerning absence of urgency from the parties involved” — a sentiment echoed by several business groups across Canada.
In a joint letter, more than 100 organizations, including the Canadian Chamber of Commerce, Business Council of Canada and associations representing industries from automotive and fertilizer to retail and mining, urged the government to do whatever it takes to end the work stoppage.
“While we acknowledge efforts to continue with mediation, parties have not been able to come to a negotiated agreement,” the letter says. “So, the federal government must take decisive action, using every tool at its disposal to resolve this dispute and limit the damage caused by this disruption.
“We simply cannot afford to once again put Canadian businesses at risk, which in turn puts Canadian livelihoods at risk.”
In the meantime, the union says it has filed a complaint to the Canada Industrial Relations Board against the employers, alleging the association threatened to pull existing conditions out of the last contract in direct contact with its members.
“The BCMEA is trying to undermine the union by attempting to turn members against its democratically elected leadership and bargaining committee — despite the fact that the BCMEA knows full well we received a 96 per cent mandate to take job action if needed,” union president Frank Morena said in a statement.
The employers have responded by calling the complaint “another meritless claim,” adding the final offer to the union that includes a 19.2 per cent wage increase over a four-year term remains on the table.
“The final offer has been on the table for over a week and represents a fair and balanced proposal for employees, and if accepted would end this dispute,” the employers’ statement says. “The offer does not require any concessions from the union.”
The union says the offer does not address the key issue of staffing requirement at the terminals as the port introduces more automation to cargo loading and unloading, which could potentially require fewer workers to operate than older systems.
The Port of Vancouver is the largest in Canada and has seen a number of labour disruptions, including two instances involving the rail and grain storage sectors earlier this year.
A 13-day strike by another group of workers at the port last year resulted in the disruption of a significant amount of shipping and trade.
This report by The Canadian Press was first published Nov. 9, 2024.
The Royal Canadian Legion says a new partnership with e-commerce giant Amazon is helping boost its veterans’ fund, and will hopefully expand its donor base in the digital world.
Since the Oct. 25 launch of its Amazon.ca storefront, the legion says it has received nearly 10,000 orders for poppies.
Online shoppers can order lapel poppies on Amazon in exchange for donations or buy items such as “We Remember” lawn signs, Remembrance Day pins and other accessories, with all proceeds going to the legion’s Poppy Trust Fund for Canadian veterans and their families.
Nujma Bond, the legion’s national spokesperson, said the organization sees this move as keeping up with modern purchasing habits.
“As the world around us evolves we have been looking at different ways to distribute poppies and to make it easier for people to access them,” she said in an interview.
“This is definitely a way to reach a wider number of Canadians of all ages. And certainly younger Canadians are much more active on the web, on social media in general, so we’re also engaging in that way.”
Al Plume, a member of a legion branch in Trenton, Ont., said the online store can also help with outreach to veterans who are far from home.
“For veterans that are overseas and are away, (or) can’t get to a store they can order them online, it’s Amazon.” Plume said.
Plume spent 35 years in the military with the Royal Engineers, and retired eight years ago. He said making sure veterans are looked after is his passion.
“I’ve seen the struggles that our veterans have had with Veterans Affairs … and that’s why I got involved, with making sure that the people get to them and help the veterans with their paperwork.”
But the message about the Amazon storefront didn’t appear to reach all of the legion’s locations, with volunteers at Branch 179 on Vancouver’s Commercial Drive saying they hadn’t heard about the online push.
Holly Paddon, the branch’s poppy campaign co-ordinator and bartender, said the Amazon partnership never came up in meetings with other legion volunteers and officials.
“I work at the legion, I work with the Vancouver poppy office and I go to the meetings for the Vancouver poppy campaign — which includes all the legions in Vancouver — and not once has this been mentioned,” she said.
Paddon said the initiative is a great idea, but she would like to have known more about it.
The legion also sells a larger collection of items at poppystore.ca.
This report by The Canadian Press was first published Nov. 9, 2024.
