When the last federal election was called, legislation regarding Canada's copyright legislation died on the order paper. Modernizing the Copyright Act remains an unresolved issue.

The Copyright Act is important legislation for Canada's songwriters, recording artists, publishers and record companies because it sets the rules around the copying and use of music and how the rights holders who create it are paid for their work.

The last time the legislation was updated was in 1997. Some significant changes were made at that time, especially with respect to private copying of music.

Did you ever make mixed tapes of your favourite songs? Prior to 1997, that was against the law — even though every stereo system was designed to do it. But the '97 reforms addressed that issue in two ways: first, it permitted home taping or otherwise making copies of music for private use. And second, it entrenched in law the fact that private copies have a tangible value — and it provided compensation for the creators of the music through the private copying levy. The levy was applied to blank media like audio cassettes, CD-Rs and Mini-Discs, which were the popular technologies of the day used to copy music.

Since then, more than $150 million has been paid to songwriters, composers, recording artists and other rights holders for the copying of their music. This money has been received by over 97,000 rights holders, most of whom would not be able to continue their careers without this revenue. This isn't money from government, but it is an important source of earned income for music creators — one of the ways they can make a living from the music they create.

Today, the technology is dramatically different. MP3 players like the iPod are the new standard for making and playing copies of music. One of the problems with the most recent proposed amendments to the Copyright Act was that it did not treat these devices the same as CD-Rs and the other now largely outdated technologies covered by the 1997 legislation.

If Canada's songwriters and recording artists are going to be able to make a living from the music they create, they need copyright legislation which is designed to reflect the technologies people are using now, and which is also flexible enough to accommodate future changes. Measures to properly protect rights holders' work, and to ensure that they receive fair compensation for the copying and use of their music, make it possible for them to earn a living. Without the needed changes, many Canadian songwriters and artists won't be able to afford to continue to create music at all

Canada's songwriters, artists and other rights holders are not asking for a multi-billion dollar bailout. They're just asking for copyright legislation that will let them continue to have their livelihoods amid the technological realities of the 21st century.

While the government acknowledges the value of cultural creativity and innovation, so far, there is no indication that it will be prepared to make the necessary changes to the Copyright Act that would allow music rights holders to be fairly compensated.