Government tells photographers digital issues to take priority in reforms

Comments made by the federal government to the Canadian Photographers Coalition (CPC) indicate government officials are keeping a tight lid on the current copyright reform process. The CPC is seeking changes to the way photography is regulated under copyright law, trying to redress longstanding issues that have been held over from previous rounds of reform. However, the point man on copyright for the coalition says he’s been told the issue doesn’t fall within the current discussion framework. John Harquail believes the government is guarding against the process spiraling out of control with all comers invited to air their particular grievances. Instead, he says photographers are now readying themselves for a copyright fight next spring when preparations begin for a mandatory report due in September by the federal government on the effectiveness of copyright reforms enacted under 1997’s C-32 process. Photographers and their associations are upset that they, unlike other producers such as writers, don’t own first copyright on their works. Section 13(1) of the Copyright Act states that: "Subject to this Act, the author of a work shall be the first owner of the copyright therein." Photographers, however, are specifically excluded from that provision in the following sub-section, 13(2), which reads: "Where, in the case of an engraving, photograph or portrait, the plate or other original was ordered by some other person and was made for valuable consideration, and the consideration was paid, in pursuance of that order, in the absence of any agreement to the contrary, the person by whom the plate or other original was ordered shall be the first owner of the copyright." Further, another section of the Act, 10(2), deems the original owner of the negative, and not the photographer, as the photo’s original author. During the course of drafting C-32, photographers were successful in changing the term of copyright on photographs, but Harquail blames the lack of a united front for photographers’ inability to have sections 13(2) and 10(2) repealed as they’d like. "We went about it the wrong way. We did it by local photographers, as individuals, trying to get in to see the minister," he tells Canadian NEW MEDIA. This time around, two groups – the Canadian Association of Photographers and Illustrators in Communications (CAPIC) and the Professional Photographers of Canada (PPOC) – have created the CPC, and recently hired Temple Scott lobbyists Bill Milliken and Don Moors to drive their point home. However, Harquail says it’s unlikely their concerns will be dealt with in the current round of reforms. Groundwork laid for next round "When the call for submissions went out, first of all, we were pleased to see that in the overall framework for copyright reform, our issue is listed there. That gave us comfort," he says. "We were concerned, however, that the process can take a long time. We drafted a response because we are impacted by the electronic issues and the web. We thought there was a slight chance that we would qualify under those definitions to get in there. "Subsequent to that, we have discovered that the government is concerned about opening everything up as happened in C-32, and they want to remain focused on more specific issues… Basically, they’ve advised us that, ‘yes, your issue will be addressed, we just can’t do it in this round.’ "So, we’ve started to lay the groundwork for a separate appeal process doing what we did last time. The minister of Heritage has to report to Parliament by September 2002 on copyright reforms, and we are now working to have our issue put on the front burner." Harquail is referring to the review of the Copyright Act, which states that the ministers of Canadian Heritage and Industry Canada must report to the House on the Act no later than Sept. 1, 2002. Government sources indicate the groundwork for that process will begin in April.

Government tells photographers digital issues to take priority in reforms

News | 12/13/2001 5:00 am EST

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