New copyright legislation gets mixed reaction from Vancouver artist advocate

Proposed changes to Canada’s Copyright Act could have offered more to the creative community, says an advocate for visual and media artists in the province.

Julie McIntyre, president of CARFAC B.C., said a “resale right” policy needs to be introduced that would allow an artist or their estate to profit when a new owner buys one of their works following the initial sale.

“The one thing that we’re unhappy with is the missed opportunity to implement a resale right,” McIntyre told the Straight today (June 3) by phone. “It’s a very important deal we’d like to be part of.”

Federal Minister of Industry Tony Clement and Minister of Canadian Heritage James Moore announced the legislation yesterday in Montreal. Bill C-32 is intended to update the country’s copyright regulations so they are relevant in the digital age.

McIntyre said the idea of adopting the resale right was put forward during a national consultation process on copyright modernization held in summer 2009.

She said the full monetary value of an artistic work often does not emerge until it reaches the secondary market.

“We’re just asking that the artist or the estate be given a little bit of that recognition as well financially,” said McIntyre, who is also a fibre artist in Vancouver.

But she did identify some perks the proposed legislation offers visual and media artists.

McIntyre welcomed the support for the World Intellectual Property Organization treaties, protections for those using satire or parody, and new rights for photographers, printmakers, and portrait artists.

The federal government has portrayed the copyright bill as an attempt to balance the interests of consumers with the rights of creators.

It contains sections that cover the responsibility of Internet service providers, the acceptable duplication of music or other media for private use, legal protection around the use of digital security tools, and more.

“The bill is flexible, reflects the changing behaviours of consumers as well as the evolution of technology, and responds to what we heard in consultations,” Moore, the minister of heritage, said in a June 2 statement.

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