The Latest on Writing and Publishing in Canada
ADVOCACY | ARTIFICIAL INTELLIGENCE | CENSORSHIP | PUBLISHERS | RESIDENCIES
ADVOCACY
Prorogation of Parliament Pushes Reset Button for Rights Advocacy
In the nine years of the federal government led by Prime Minister Justin Trudeau, lobbying by The Writers’ Union of Canada and a broad coalition of writing and publishing organizations has won key concessions and promises for repair to the educational copying marketplace and writers rights in general.
Now, with Parliament prorogued in the wake of Trudeau’s resignation announcement, the cultural sector is forced into an advocacy reset; analyzing the likelihood of government change, party positions on key issues, and strategies to keep our issues in focus in Ottawa.
Prorogation and the very real possibility of a spring election also delay the mandated (and already overdue) 5-year review of Canada’s Copyright Act until such a time as a new government is in place.
Canadian Media Companies Launch Lawsuit Against ChatGPT
A coalition of media outlets in Canada, including Canadian Press, Metroland, CBC/Radio-Canada, Postmedia, the Toronto Star, and the Globe and Mail, have launched a legal challenge against the American artificial intelligence developer OpenAI. OpenAI owns ChatGPT, one of the most prominent AI engines available, and is at the center of a number of U.S.-based lawsuits as well.
The coalition is claiming that OpenAI infringes Canadian copyright law by training ChatGPT on Canadian media content it does not own and has not obtained permission to use in this way. The Writers’ Union of Canada will be watching this lawsuit carefully. Canadian copyright law has been severely weakened through Supreme Court of Canada decisions over the past 15 years and government inaction to repair that damage.
Created by Humans Licensing Platform Launched
An American online licensing platform designed to create a robust market for the AI training rights of authors and publishers is now live. Created by Humans is endorsed by the U.S. Authors Guild, and provides authors the opportunity to authoritatively list their books, to offer certain rights for licensing, and/or to opt-out of certain licenses.
Authors signing on to the site are essentially giving permission to Created by Humans to be their representative and collecting society in the nascent AI licensing marketplace, with potential new uses and licenses possibly to come as this area of technology continues to develop. Canadian authors are welcome to join the site, but should be aware they will have to waive their moral rights of attribution, integrity, and removal of copyright management information, as these rights have no bearing in the United States. Authors remain sole owners of their copyright. An 80% royalty on any licence negotiated goes to the author, with 20% retained by Created by Humans.
Agreement with the service can be terminated by the author at any time, though existing agreements for content will stay in place until the content is used by the licensee.
U.S. Supreme Court to Decide Challenge Involving Canadian Book
A group of parents in Maryland have had their legal challenge against LGBTQ+-themed books accepted for review by the United States Supreme Court, and the book headlining the case is Pride Puppy, by Canadian author Robin Stevenson. Pride Puppy follows a family chasing their dog through a pride parade, and is an alphabet primer for early readers.
A coalition of Maryland parents are demanding, on religious grounds, the right to pull their children from any instruction of the book and similar material in the state’s public school system. They are insisting on a right to “protect their children against forced participation in instruction that violates their faith.” The case is expected to be heard by the court this spring.
Given the U.S. recent Executive Order essentially outlawing the recognition of a gender spectrum in any area under federal jurisdiction, more pressure on books and writing can be expected.
Pride Puppy Targeted in Canada by Pro-Life Lobby Organization
A lobby group called Campaign Life Coalition (CLC) has taken aim at what they call a “huge trove of homosexual and transgender propaganda books in the library at Canadian Martyrs Catholic Elementary School” in Ontario. The Canadian children’s alphabet primer, Pride Puppy (by Robin Stevenson), subject of an upcoming U.S. Supreme Court challenge, is one of the books prominently listed.
In a blog posting on the CLC site, the organization’s National President writes that the targeted books are “corrupting the minds of young, impressionable children.” The post ends with an invocation to “demand the removal of LGBT books”, revealing an organized and nationwide campaign to challenge books within school systems.
The Writers’ Union of Canada continues to monitor the growing trend of school challenges and “quiet censorship” at individual school board level in Canada.
U.S. Authors Guild Suing Colorado School District Over Book Bans
In mid-December 2024, the Authors Guild, the NAACP, and a number of individuals launched a federal lawsuit against the Elizabeth School District in Colorado. The suit is aimed at stopping the district from banning and removing books from school libraries. The books involved in this challenge examine U.S. racial history and LGBTQ+ themes.
The Colorado bannings appear to be even more extreme than recent U.S. challenges as they are accompanied with orders to remove and/or cover classroom libraries completely, and to report any student interest in banned books back to parents.
The Guild’s lawsuit alleges the book bans violate the First Amendment rights of students and teachers.
Penguin Canada Appoints New Publisher
Marion Garner has been appointed publisher of Penguin Canada, beginning January 6th, 2025. Garner, who began with the company as a sales rep almost 30 years ago, was announced in a December statement from Penguin Random House Canada’s CEO, Kristin Cochrane. Garner’s most recent position with the company was as Vice President, Publishing Management.
Highlighting Garner’s qualifications, Cochrane writes “Marion has worked across our entire Canadian publishing programme. Essentially anything that touches the work of all imprints, Marion is involved with.”
Penguin Canada has been without a permanent Publisher since the departure of Nicole Winstanley in April 2024. Winstanley took over as President and Publisher of Simon and Schuster Canada after the departure of longtime head Kevin Hanson.
Vancouver Not-for-Profit Starts Poet-in-Residence Program
Upstart & Crow, a creative studio, literary incubator, and book and art shop on Vancouver’s Granville Island, has launched a residency for poets that offers a grant of $4000 plus one month’s access to the organization’s writing studio. Applications deadline for the first round of this program is February 18th, 2025. Details and registration form are on Upstart & Crow’s website.
Existing Upstart & Crow programming focuses on climate solutions, civic dialogue, literature in translation, and community and skills building. The Upstart Writers Residency, another program from the not-for-profit is available to authors working in fiction, and creative nonfiction, and follows the same basic formula as the poetry residency.
