3.4 Modernization of Copyright Legislation

A related issue for cultural content producers is Canada’s intention to strengthen the legislative base for protecting the copyright that underpins the exploitation of IP in a digital world. Canada lacks modern copyright legislation – the current Copyright Act does not even mention electronic distribution. While there is a consultation process underway on copyright reform, it is not being undertaken within an overall national digital strategy.²⁰

The controversy surrounding recent attempts to articulate a Canadian approach to copyright reform shows the need for modernizing the underlying legislation through the perspective of Canadian needs as well as international obligations.21 There is pressure from multinational media companies to introduce copyright measures to protect their interests; facilitating trade in IP ultimately helps Canadian content producers, so reform should be examined from that perspective as well. There is a general need for Canadian IP rights holders to maximize the benefits from their investment, and more effective copyright protection could be important in the context of that objective.

While the overall concern is the appropriate balance between users and creators, copyright reform should be reviewed in the development of a national digital strategy, i.e. how it meets criteria such as fostering innovation and sustainable companies, facilitation of trade and export, protection of the integrity of copyright ownership, and extension of broadband access.

3.5 Cultural Industries’ Issues for a National Digital Strategy

Based on the discussion about cultural industries, the following issues are proposed as within the scope of a national digital strategy:

• What changes should be made in cultural policy to account for the effects of digital technologies on cultural industries?
• How should support measures be reviewed to ensure they are flexible enough to accommodate the adaptation of cultural industries to digital platforms?
• How should financial incentives be reoriented to help make companies in cultural industries more sustainable?
• What is the role of private broadcasting and distribution networks in the creation and dissemination of Canadian content in a converged world?
• How does CBC's mandate fit into national digital strategy objectives, and what is the best way to resource the CBC to achieve those objectives?
• In what ways would copyright reform support content development, innovation, and other aspects of a national digital strategy?