Senate Committee Examines Bill S-9: More Than Just a Pretty Picture?

The Standing Senate Committee on Social Affairs, Science and Technology recently convened to review draft legislation that would change the existing rules governing ownership of copyright in commissioned photographs. Introduced on October 7th, 2004, Bill S-9 aims to eliminate what some have seen as an anomaly in the Copyright Act which has treated photographers differently from other artists. As a general rule, the author of an original literary, dramatic, musical and artistic work is deemed to be the first owner of its copyright. However, the Act creates an exception for commissioned photographs, engravings and portraits, by granting first ownership to the person who commissions and pays for the work. In a report published earlier this year by the House of Commons Standing Committee on Canadian Heritage, the idea that photographs should be treated differently from other categories of works was described as "outmoded." According to supporters of Bill S-9, this perceived inequality would be most appropriately addressed through legislative reform. Other observers, however, have expressed concern about protections for those who commission photographs for personal or domestic purposes. Under the proposed rules, photographers would hold the copyright in personal works such as wedding photographs and, absent contractual negotiation, consumers would have no right to control how they might be used. For the text of Bill S-9, see: http://makeashorterlink.com/?A29612DB9. For the status of the bill and more information, visit: http://makeashorterlink.com/?A2B612DB9. For a recent Toronto Star article on concerns about the proposals, see: http://makeashorterlink.com/?X3E655DB9. Summary by: Rosa Kim