If the Canadian Copyright Act turned 100 years old on 1er January, it is not this year that the federal government will launch its update. An overhaul, however, promised since 2022, requested and re-requested unanimously by the book sector.
“It’s a real missed opportunity!” » deplores Christian Laforce, general manager of Copibec. With Access Copyright, the Union of Quebec Writers (UNEQ) and the National Association of Book Publishers (ANEL), its organization deplores the new radio silence of the last federal budget on the modification of the Law on the right to author, highly anticipated.
“Would we accept that schools stop paying suppliers of desks, pencils and other supplies? asks the director of ANEL, Karine Vachon. Yet this is what some Canadian schools are doing by using books without paying those who create and publish them. » “The book sector is unanimous,” continues Mme Vachon. There will be no lasting solution for publishing here without correcting the Copyright Act. »
“We must admit that [nos voix] have not been heard and that the book sector, already weakened, will continue to suffer the horrors of this inaction” from the federal government, declared the UNEQ.
The problem arose in 2012, when Stephen Harper’s Conservative government made numerous changes to the Copyright Act. One of these changes: making it possible to use parts of books, texts or manuals “for educational purposes” free of charge. This clause is called the “educational fair use exception.”
“In 2012, we promised the sector that this exception would not cover the uses of works then compensated by royalties,” recalls Karine Vachon. However, practically speaking, the change allowed many Canadian universities to stop paying royalties for the use of copyrighted texts. Which had a catastrophic effect, resounding and counting, for the English-Canadian book community.
In July 2023, Access Copyright estimated royalty losses at $200 million. The organization itself then had to restructure: its own financing is also linked to the redistribution of copyrights. “It is disappointing that the 2024 budget does not provide tangible solutions to remedy this situation,” says Copibec, the Quebec counterpart of Access Copyright.
“It is imperative that Canadian authors, visual artists and publishers enjoy the same rights and the same remuneration as their counterparts around the world,” continues the management society, which believes that the sustainability of Canadian literature is stake.
Quebec, a distinct society
Quebec has so far been spared, specify ANEL, Copibec and UNEQ, despite attempts here and there to follow the example offered by the rest of Canada. “We manage to get by thanks to the licenses we sign with the education community at all levels,” explains Christian Laforce.
But the process remains anchored solely on the good will of all. And it is difficult. “We must encourage teachers to fill out the forms and paperwork precisely so that the money reaches the authors. This process would benefit from being simplified. This would be easy to do with the overhaul of copyright law,” underlines the director.
Above all, the situation in Quebec remains stable because the government has until now demonstrated a strong desire to protect copyright in the province. “When there was the York decision of the Supreme Court [en 2021, qui a permis à l’Université York de Toronto de ne plus payer les redevances], we really feared a domino effect. It would have been terrible for Quebec,” recalls Mr. Laforce.
But book stakeholders here are worried about what will happen if the provincial political tide turns. They also claim out of solidarity with the Canadian book community. “We must put an end to this saga which has lasted for more than 12 years, and remove this black cloud of “fair use”, which will remain a threat to Quebec,” concludes the director of Copibec.