The Hill Times: Copyright legislation the most important legislative issue for Canadian culture

The Hill Times: Copyright legislation the most important legislative issue for Canadian culture
Oped by Gordon Duggan

 
“Canadians want to be able to trust their federal government, and know that it is accountable.”—Prime Minister Stephen Harper speaking on the Conservative government’s Federal Accountability Act.  
Recent verbal exchanges in the House between two MPs have caused great concern about another type of exchange, and that is the exchange between Cabinet ministers and lobby groups.
This issue surfaced yet again recently when NDP Heritage Critic Charlie Angus questioned the acceptability of a fundraiser being organized for Canada’s Federal Minister of Heritage Bev Oda.
The fundraiser was organized by a lobbyist for the broadcast industry and was ultimately cancelled. However, in the days that followed, more questions were raised in the House and in the press regarding Oda’s relationship to various stakeholders under her remit.
Oda defended this most recent lapse saying, “I have observed every rule existing right now.” Technically, she is correct, however, the issue here is not one of technicalities, but of living up to the government’s promises on how business is done in Ottawa.
As Prime Minister Stephen Harper states that his government is committed to “delivering the good, clean government that Canadians deserve and expect.” Upon being elected, the first legislation introduced under the Conservatives was the Federal Accountability Act, intended to “ensure that positions of public trust cannot be used as stepping stones to private lobbying.”
Liberal MP Mark Holland points out that, “The Prime Minister and the Conservative Party promised to follow the rules of the Accountability Act from the day it was introduced.”
Claiming to be technically within the rules as they exist right now hardly seems to be within the Prime Minister’s ethical framework for a new Canada.  
Copyright is within Minister Oda’s mandate as Canadian Heritage minister. Copyright legislation is arguably the most important legislative issue for Canadian culture. Policies concerning copyright determine Canadian cultural identity. Copyright legislation can influence socio-economic conditions which either benefit Canadian culture or force the country into relationships that enhance foreign control over culture and increase the cultural deficit. Effective copyright requires balance. The wider cultural community must have a voice in shaping this legislation.
Ministers in charge of such important legislation must be above reproach and must be vigilant in listening to the opinions of all stakeholders, not just a few. They cannot be perceived as having a vested interest.
But take a look at Oda’s relationship with two of the many stakeholders in copyright policy.
The first group is CRIA, the Canadian Recording Industry Association. This is an organization recently abandoned by six Canadian independent labels.
Within weeks of Oda being elected, CRIA organized an event attended by 20 government officials from seven government departments, including Heritage, Industry as well as the Copyright Board of Canada. CRIA lobbied the government to adopt laws similar to those enacted in the United States.
As Michael Geist reported in an op-ed in The Hill Times, after the formal presentations, the speakers (CRIA executives and assistant deputy ministers from Canadian Heritage, Industry, and International Trade) enjoyed lunch and drinks in a private dining room at Le Panache restaurant. Canadian Heritage footed the bill, according to the column, which cited documents obtained under the Access to Information Act. Afterwards the group met for a private meeting with Minister Bev Oda.  
CRIA and the companies it represents, Sony BMG Music Canada, EMI Music Canada, Warner Music Canada and Universal Music Canada, all made contributions to Bev Oda’s election campaign.
The second of the two stakeholders is the Appropriation Art Coalition, which I’m one of the co-founders of. They have voiced specific concerns about copyright legislation and artists. This is a coalition of more than 600 artists, curators, directors, educators, writers, associations and organizations from the Canadian art sector.
The associations and organizations include the Independent Media Arts Alliance (82 artist-run centres and more than 12,000 members), the Canadian Art Museum Directors’ Organization (76 leading galleries, artist-run centres and arts organizations) and the Canadian Museums Association (national organization of the museum community with 2,000 members).
Together the Appropriation Art Coalition represents thousands of concerned individuals who produce and support Canadian culture.
So, on the one hand, we have a lobby group representing the interests of members that include four major recording companies, and, on the other hand, we have a coalition representing hundreds of Canadian artists and virtually every art gallery, artist-run centre and museum in Canada.
Despite the size and prominent members in this organization, representatives for Appropriation Art Coalition have repeatedly been denied a meeting with the minister of Heritage over the course of many months. Yet these representatives (including myself) have met with all the Heritage critics as well as an adviser from Industry Canada.    
To date, the Appropriation Art Coalition has received a reassuring letter from Bev Oda inviting its members to follow developments on the Canadian Heritage website. The letter included a website address.
The Conservative Party won office by taking the moral high ground and by vowing to bring in good clean government. This behaviour doesn’t seem to be consistent with that promise.
  ”We will be introducing a new copyright bill that will expedite meeting our international obligations but also making sure that we have a copyright regime and a copyright framework that’s appropriate,”  said Oda.
Given that Canada is currently meeting all of it international obligations regarding copyright, one can only wonder to which international interests Minister Oda feels obligated.
      

Gordon Duggan is the co-founder of Appropriation Art Coalition representing 600 artists and arts organizations.