The Government of Canada’s Budget Plan for 2015 proposes various measures within the expected areas of tax relief, job creation and economic growth measures. It also includes a very unexpected proposal to extend the copyright term for sound recordings, to benefit record labels and performers. The Economic Action Plan puts this forward as follows:
Protection of Sound Recordings and Performances
Economic Action Plan 2015 proposes to amend the Copyright Act so that the term of protection of performances and sound recordings is extended from 50 years to 70 years following the date of the release of the sound recordings.
The mid-1960s were an exciting time in Canadian music, producing many iconic Canadian performers and recordings. While songwriters enjoy the benefits flowing from their copyright throughout their lives, some performers are starting to lose copyright protection for their early recordings and performances because copyright protection for song recordings and performances following the first release of the sound recording is currently provided for only 50 years.
Economic Action Plan 2015 proposes to amend the Copyright Act to extend the term of protection of sound recordings and performances from 50 to 70 years following the first release of the sound recording. This will ensure that performers and record labels are fairly compensated for the use of their music for an additional 20 years.
The copyright proposal is surprising not only for its inclusion in a budget document, but also for its appearance so soon after the government heralded its delivery of the Copyright Modernization Act. The 2012 Act was intended to balance and modernize Canada’s entire copyright regime, and was enacted following lengthy and detailed consultations with representatives of all affected stakeholders.
The 2012 Press Release, Harper Government Delivers on Commitment to Modernize Canada’s Copyright Laws, includes the following statements:
“Our Government recognizes the critical role that modern copyright laws play in protecting and creating jobs in Canada’s digital economy,” said Minister Paradis. “We have delivered on our commitment to modernize Canada’s copyright legislation and strike the right balance between the needs of creators and users.”
“This is the most comprehensive effort to modernize our copyright laws in over a decade,” said Minister Moore. “It is widely supported by creator groups, consumer organizations and the businesses that drive Canada’s economy.”
A critical element of the Copyright Modernization Act is the requirement that Parliament revisit the Copyright Act every five years. This will serve as a reminder to current and future Parliaments and governments of the important role that modern and updated copyright laws play in our economy.
Indeed, section 92 of the Copyright Act calls for a statutory review of the Act every five years by a committee of the Senate, House of Commons, or both. Section 92 does not preclude amendments between those statutory reviews. However, the government and stakeholders alike have all recognized that copyright calls for balance. Achieving that balance calls for careful review and input from all stakeholders.
A further 20 years of protection and fees for sound recordings has been welcomed by the music industry in Canada. But will this proposed budgetary measure have the effect of making a real difference for the Canadian economy? And on the copyright side, will it ”strike the right balance between the needs of creators and users”?
The Government of Canada has promised to balance the budget. As the copyright term extension proposal moves forward, we look forward to further discussion on balanced copyright.