Looking Back To the Future - Creators and Cultural Policy in the Era of FreeTrade: A Commentary

Abstract

The author of this article outlines how public funds and interest in Canadian cultural policy decreased during the financial cuts of the 1990s, resulting in the decline of the role of public enterprise and regulation in the area of cultural policy. The article goes on to examine the impact of international treaties such as the Free Trade Agreement (FTA), the North American Free Trade Agreement (NAFTA) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) on cultural policy in Canada. The author considers how Intellectual Property Rights (IPEs) are affected by the TRIPs, arguing that the stricter enforcement of IPR was instigated by transnational businesses and corporations who are themselves Intellectual Property (IP) holders and are anxious to stem the losses due to piracy around the world. It was created with their concerns in mind, and specifically excludes measures (such as moral rights) of prime concern to creators. These corporations acquire rights by employing creators or by acquiring IPRs, and they often infringe on the rights of individual creators of IP. The issue of copyright on the Internet is another example of the dilemmas considered in this discussion of how international IP regulations fail to serve the individual creator or to protect the cultural sovereignty of the nation. The article concludes by emphasizing the need and opportunity for new participation and directions as the traditional concepts and approaches to cultural policy are challenged by technical and political changes.

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