Canada launches public consultation on Generative AI and Copyright Law
On October 12, 2023, Canada’s Minister of Innovation, Science and Industry and its Minister of Canadian Heritage launched a public consultation on the implications of generative artificial intelligence (AI) for Canadian copyright law and the rights of copyright holders.
The deadline to submit feedback online is December 4, 2023. The feedback will inform copyright policy development. An update on the consultation findings is expected to follow in 2024.
Policy Areas Being Explored
In 2021, the Government of Canada launched its Consultation on a Modern Copyright Framework for Artificial Intelligence and the Internet of Things in which it sought feedback on, among other things, three copyright policy areas related to AI. In light of the recent proliferation and widespread public use of generative AI systems, the federal government is revisiting those three policy areas, which are outlined in the consultation paper as follows:
- Text and data mining (TDM) - i.e., whether any clarification is needed on how the copyright framework applies to the use of copyright-protected works and other subject matter (e.g., a performance or sound recording) in the training of AI systems;
- Authorship and ownership of works generated by AI - i.e., how the copyright framework should apply to AI-assisted and AI-generated works; and
- Infringement and liability regarding AI - e.g., who are the persons liable when AI-generated works infringe copyright-protected work.
- To support innovation and investment in AI and other digital and emerging technologies in all sectors in Canada. According to the federal government, AI has tremendous potential for society if used ethically and responsibly, and could also drive productivity growth across the economy.
To support Canada's creative industries and preserve the incentive to create and invest provided by the rights set out in the Canadian Copyright Act, including the rights of artists to be adequately remunerated for the use of their works or other copyright subject matter.
As noted by the Minister of Canadian Heritage: “Canada’s authors, musicians and artists are asking important questions about how to protect their work as generative AI evolves. These consultations are one step towards leveraging AI to improve our lives, while ensuring that human creativity and innovation continue to thrive.”
More details regarding the consultation, including the three policy areas that are being addressed, can be found in the consultation paper.
Looking Forward
For further information concerning the consultation or how to submit feedback, please contact any member of our Entertainment Law Group.
Expertise
Authors
Insights
-
Entertainment
Canada launches public consultation on Generative AI and Copyright Law
On October 12, 2023, Canada’s Minister of Innovation, Science and Industry and its Minister of Canadian Heritage launched a public consultation on the implications of generative artificial… -
Entertainment
So You Want To Produce In Canada, Eh?
If you are considering producing in Canada, there’s a lot you not only need to know, but want to know. Why? Because it can save you both time and money - and who doesn’t want that? The discussion… -
Entertainment
CRTC Announces Three-Phased Public Consultation Plan to Implement the Online Streaming Act in Canada
On May 8, 2023, the Canadian Radio-television and Telecommunications Commission (CRTC) unveiled its three-phased regulatory plan (the “Regulatory Plan”) to consult with the public to implement the… -
Entertainment
The Online Streaming Act: Canada Passes New Legislation to Regulate Online Streaming Services
On April 27, 2023, Bill C-11, titled the Online Streaming Act (the “Act”), was passed by the Canadian Senate and received Royal Assent, officially becoming law in Canada. The Act is designed to… -
Technology
U.S. District Court Finds NBA Top Shot Moments may be Subject to U.S. Securities Laws
On May 12, 2021, a class action law suit was filed against Dapper Labs, Inc. in the U.S. District Court for the Southern District of New York (the “Court”) alleging that Dapper Labs violated U.S… -
Entertainment
Canada Extends Basic Term of Copyright Protection To “Life of Author Plus 70 Years” Starting December 30, 2022
On November 17, 2022, the Government of Canada published an Order in Council to bring into force recent amendments to Canada’s Copyright Act (the “ Act”) which extend the basic term of copyright…
Featured Work
-
Mergers and Acquisitions
Cineplex Inc.'s Player One Amusement Solutions Business to be Acquired By OpenGate Capital
Goodmans LLP is acting for Cineplex Inc., a Canadian entertainment and media company, in connection with OpenGate Capital acquiring the amusement solutions business of Cineplex… -
Entertainment
Representing Shaftesbury Inc.
Goodmans LLP represents Shaftesbury Inc., a leading Canadian producer of scripted productions including the well-known and popular TV programs “Murdoch Mysteries," “Frankie Drake Mysteries," “Hudson… -
Entertainment
Launch of Blink49 Studios Inc.
Goodmans LLP acts for Blink49 Studios, a new Canadian-controlled studio venture backed by Endeavor Content… -
Entertainment
Amazon Prime Video Productions Filmed in Canada
Goodmans LLP provides ongoing advice to Amazon Studios re: productions produced or post-produced in Canada which stream on Amazon Prime Video… -
Entertainment
Insight Productions Advice and Legal Counsel
Goodmans LLP has provided legal advice in connection to Canadian production laws, financing of feature films and acted as counsel to Insight Productions - one of Canada's foremost production companies… -
Capital Markets
Boat Rocker Media Completes IPO Raising Gross Proceeds of $170.1 Million
Goodmans LLP acted as legal counsel to the underwriters (RBC Capital Markets and TD Securities Inc.) in connection with Boat Rocker Media Inc.’s (“Boat Rocker Media” or the “Company”) initial public…
News & Events
-
Banking and Financial Services
Who's Who Legal Continues to Recognize Goodmans in the Canada 2023 Guide
We are pleased to share Goodmans lawyers have been recognized across Who's Who Legal's National Guide: Canada 2023. WWL National Guides identify national or regional leaders in a sector, industry… -
Banking and Financial Services
Goodmans Continues to Receive Top Tier Recognition from The Legal 500 Canada
We are pleased to announce Goodmans LLP has once again received top tier recognition from The Legal 500 Canada in their 2024 Guide released today. Recognition from The Legal 500 is based on… -
Banking and Financial Services
Goodmans named one of Canada's Best Law Firms for 2024
We’re pleased to announce Goodmans was once again named to The Globe and Mail’s Canada’s Best Law Firms list, recognizing us as one of the country’s best law firms for 2024.Goodmans was…