Cdn. Copyright & Quebec Vote

Re: Cdn. Copyright & Quebec Vote

Readers of this list who are even only slightly familiar with CANADIAN COPYRIGHT LAW and POLITICS will be aware of the Quebec provincial government's referendum on separation or sovereignty or association (depending on the eye of the beholder) to be held this coming Monday, October 30, 1995. Our Prime Minister has said that a "Yes" vote will "destroy the country".

Quebec interests have played a very large role in Canadian copyright policy over the years, particularly in the last 15 years or so. This may be in part because of the "civil law"/"droit d'auteur"/"continental" tradition in that province. In Quebec, the issues of cultural identity and copyright are perceived to be very closely linked. It is widely believed that the Quebec provincial government has long been desirous of getting involved in copyright law at the first opportunity. Under the current Canadian constitution, this is clearly an area of exclusive federal jurisdiction, much the same as it is in the U.S.A. and most other federal (i.e bi-cameral) nations.

The pollsters and pundits say today that the referendum is too close to call. There is clearly no certainty as to the implications of the result in any event, since the business of splitting up this country is without either legal or practical precedent. The referendum procedure has no constitutional basis. All attempts at constitutional reform and renegotiation have proven to be unsuccessful in the last 13 years.

Apart from a limited copyright revision package in 1988 that dealt most notably with computer programs, functional objects and beefed up moral rights and some GATT/NAFTA related changes since then, CANADA'S LAST MAJOR OVERHAUL OF ITS COPYRIGHT LAW WAS IN 1921. Yes, 1921! That is not a typo. That, in turn, was largely based upon the 1911 U.K. legislation.

THE GOVERNMENT HAS PROMISED A MAJOR COPYRIGHT REFORM BILL IN 1995. Cynics may note that many perennial Government promises of deadlines on this matter have come and gone).

Are there any opinions on the possible impact of the October 30, 1995 vote with respect to federal copyright revision initiatives in the event of a strong yes, narrow yes, strong no, or narrow no?

American observers are warmly invited to reply! After all, Canadian intellectual property policies have been heavily influenced by U.S. wishes for a long time, and particularly so for the last ten years.

Howard P. Knopf, M.S., LL.M., is an intellectual property lawyer, lecturer and author in Ottawa, Canada.
Phone: 613-761-1735
Fax: 613-761-1584
E-Mail: hknopf[_at_]magi.com Received on Fri Oct 27 1995 - 01:42:33 GMT