Intellectual Property Policy

Government Response to the May 2004 Interim Report on Copyright Reform of the Standing Committee on Canadian Heritage

Ms. Marlene Catterall
Chair
Standing Committee on Canadian Heritage
House of Commons
Ottawa, Ontario
K1A 0A6


Dear Ms. Catterall:

We are pleased on behalf of the Government to respond to the Interim Report on Copyright Reform, which the Standing Committee on Canadian Heritage adopted on May 12, 2004 and re-adopted on November 4, 2004. This letter attaches the Government Statement on Proposals for Copyright Reform which will be made available to the public later today.

As noted in the Government's report on the Copyright Act tabled in the House of Commons in October 2002, Supporting Culture and Innovation: Report on the Provisions and Operations of the Copyright Act (the Section 92 Report), "modern copyright legislation in Canada recognizes the importance of protecting works while also seeking to advance important public policy objectives — cultural, economic and social — by striking an appropriate balance between creators' rights and users' needs." The Government has been working towards a copyright reform bill since launching its consultation on digital copyright reform in June 2001. The objectives to be met through the reform process and in the Section 92 Report are worth recalling: create opportunities for Canadians in the new economy; stimulate the production of cultural content and diversity of choices for Canadians; encourage a strong Canadian presence on the Internet; and enrich learning opportunities for Canadians.

The Government Statement on Proposals for Copyright Reform outlines proposals for a bill that the Government plans to table later this spring. Not all of the committee's recommendations are reflected in these proposals. Copyright by its nature is complex and contentious. The Government has made every effort in its proposals to find the appropriate balance between the rights of copyright owners and the needs of users and intermediaries. The issue of educational use of copyright material available on the Internet has proven to be particularly complex and will not be addressed in the bill, but rather will be the subject of public consultations following the bill's introduction.

The Government wishes to thank the Committee for undertaking a review of the Copyright Act and for its Interim Report on Copyright Reform. The work of the Committee in reviewing the Act and providing its recommendations for addressing the priority short-term copyright issues represents a valuable contribution to the Government's efforts to move forward with copyright reform legislation.

David L. Emerson
Liza Frulla
Minister of Industry Canada
Minister of Canadian Heritage