Putting Users and Small-Scale Creators First in Canadian Copyright Law and Beyond: A Brief submitted to INDU Statutory Review of the Copyright Act

Abstract

In an industry characterized by market consolidation, an imbalance of power between creators and big businesses is one of the largest factors that prevents fair remuneration for creators. Proposals for legislation that do not address this imbalance may worsen the conditions for working musicians. While legislation that supports users rights may offer some mitigation of the effects of this industry concentration, copyright is generally an inefficient tool for protecting artists and encouraging innovation. Artists are not always the rights holders for their creative works, and thus legislation for rights holders does not inherently help artists. By encouraging creativity, user rights are more empowering for everyday creators and can help balance the concentration of power enjoyed by the large industry players.