SECRET: COPYRIGHT ACT REVIEW LETTER Minister Bains and 1 would like to thank you for undertaking the statutory review of the Copyright Act. We offer our support in any way possible, This is an enormous task, and not an easy one at that. Copyright is a vital part of our creative economy. This legislation is part of our suite of marketplace tools that promote creativity and innovation. At the same time, copyright is different from other types of intellectual property. We have a hybrid, made in Canada approach that in part comes from the combination of the civil and common law background of this country. As you may know - or will soon find out - copyright is vast and complex. It touches a uniquely wide range of industries, works and uses, from photographs to augmented reality content, from schools to consumers to museums and art galleries, A well-functioning copyright framework is meant to foster a marketplace where creators are empowered to leverage the value of their works and receive fair and transparent remuneration. ‘This marketplace is also meant to provide users with certainty and accessibility of content. For this reason, Minister Bains and I are very much looking forward to your thoughts on how you think the Coppright Act is fairing vis-a-vis its public policy objectives given today's world. We fully recognize and support the Committee’s independence in setting its own parameters for the review, but we would like to respectfully submit three broad policy themes in the hope that they may help guide your thoughts and discussions during the review process. ‘Three main themes have emerged through our respective consultations (Creative Canada in a digital world and IP strategy): creative entrepreneurship: legitimacy and transparency; and being open to the future. ‘The creative marketplace is fundamentally innovative and evolving, which would not exist without creators. How can we ensure that the Copyright Act functions well as a marketplace framework legislation, and adequately supports creators getting a fair market value for thei copyrighted content? How can we ensure this support is available for both “old” and “new” markets alike? While everyone agrees artists should get paid for their work, everyone also wants to access content in their own way, when they want, at the lowest price possible, Both of these facts often clash and create market distortions. Algorithms, transparency, big data and innovation are increasingly affecting the market, shifting the ways of working and affecting the balance of power. How can we reconcile these realities? How do we reconcile the competing interests of promoting transparency, access and innovation while providing fair value to creators? Often, market disruption have driven copyright reform. But if, as we suspect, disruption is now our constant state, we should aim for a marketplace framework that functions well in the current environment, but also looks to the future. Researchers often say that digital technologies will have such a profound impact on our lives, we don’t know yet what the world of tomorrow going to look like and how it’s going to be shaped. This is our chance to think more broadly about our future. Does the Copyright Act position Canadian creators to compete on the global cultural stage, now and moving forward? Let’s use this opportunity to move beyond the notion of balance. A lot, too much probably, has been said in the name of balance. It usually leads to polarized positions, leaving no room for October 15, 2017 00074{CRET. raft v3 finding common ground. In an era of reconciliation, we should aim to try to change this, conversation, 100 We hope that this review will help to identify concrete solutions that could be put implemented to ensure that the legislative framework is well-adapted to the digital environment. October 15, 2017 00075