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CARFAC's submission regarding the Consultation on a Modern Copyright Framework for Online Intermediaries
Submitted on May 31, 2021
Canadian Artists’ Representation/Le Front des artistes canadiens (CARFAC) is pleased to contribute to the Federal Government’s consultation regarding the role of online intermediaries as it relates to the use of visual artists’ copyright.
Online intermediaries have responsibilities regarding intellectual property that they share, and they must have obligations when contributors use their platform to violate the rights of content creators. They should also share the profits they receive from creative content that they make publicly available. Individual creators are at a clear disadvantage when it comes to protecting their work online – a process that many do not have the time or funds to manage.
We are pleased that the Federal Government wants to examine these issues further. However, it is difficult for us to strongly align with a policy proposal without more precise definitions, and an in-depth consideration of the implications for artists in our discipline. While proposals may clearly benefit some creators, we require more time and consultation to have a better understanding of what it might mean for visual artists, both in Canada and internationally.
With that said, we broadly offer our support to the recommendations made by Access Copyright, which includes:
- Implementing a “Notice and Stay-down” system to replace the current “Notice and Notice” regime;
- Ensuring that the safe harbour provisions do not apply where an intermediary either (A) engages in activities relating to copyright-protected content in a way that is not purely technical, automatic and passive or (B) has a financial stake in the infringing activity at issue;
- Rejecting proposals for compulsory collective licensing;
- Providing further details regarding the extended collective licensing scheme for online intermediaries under consideration, with a view to engaging in further study and consultation regarding same;
- Clarifying that tariffs approved by the Copyright Board are enforceable against users who make unauthorized uses of works in a copyright collective’s repertoire; and
- Legislating the availability of no-fault injunctive remedies against intermediaries, such as website blocking and de-indexing orders.
Further details about these positions may be found within their submission.