Footnote 04

A Charter of Rights For Creators, Report of the Subcommittee on Revision of Copyright. This is the latest of sixteen studies published by the Canadian government in anticipation of a revised Canada Copyright Act. It follows From Gutenberg to Telidon, the final statement from the preceding party in power. The following quotes are from A Charter of Rights for Creators:

There is more at stake in the exploitation of a work than economic reward. Creative works are very much the expression of the personality of their authors. There is an identification between authors and their works. The Subcommittee agrees with the many witnesses who stated that creators cannot be fully protected unless their moral rights are recognized and enhanced.

Another consequence of the language used in the present Act is that moral rights appear to be protected only during the life of the author, rather than the usual term of life of the author plus fifty years. If moral rights are to be recognized as being as important as economic rights, the term of protection should be the same. (P. 6.) Witnesses before the Subcommittee also supported the recommendation in From Guttenberg to Telidon that: unauthorized modification of the original of an artistic work should be an infringement of the moral right of integrity, even in the absence of evidence of prejudice to the artist's honor of reputation. The Subcommittee agrees that this recommendation should be adopted together with its limitations relating to physical relocation, alteration of the structure containing the work, and legitimate restoration and preservation activities.

The Subcommittee wishes to make clear, however, that respect for works of the mind and their creators should not take the form of paternalism. Creation is after all one of the most self-assertive pursuits that can be imagined, precisely because it is a process fraught with considerable risk. Artists and other creators will always have to go through a struggle in which many fail and where there cannot be any guarantee of success. (P. 7.)

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