Letter from Liberal Democratic Reform critic Stéphane Dion on Political Advertising

April 26, 2013

OTTAWA– Liberal Democratic Reform critic Stéphane Dion sent the following letter today to the Commissioner of Canada Elections on the unauthorized use of copyrighted material in political advertising:

Commissioner of Canada Elections
c/o Elections Canada
257 Slater Street
Ottawa, Ontario
K1A 0M6

Dear Commissioner,

Re: Unauthorized Use of Copyrighted Material in Political Advertising

I am writing to raise a concern about the unauthorized use of copyrighted materials in political advertising promulgated by the Conservative Party of Canada (“CPC”).

Recently, the CPC used footage owned by the Huffington Post and CTV in a television advertising campaign directed at the Liberal Party of Canada. These advertisements are being aired nationally, including in Labrador where a by-election is currently being held. I understand from media reports that the CPC is using this footage without the copyright holders’ permission and presumably without paying the copyright holders to license the material. I understand that the licensing of copyrighted materials ordinarily comes at a cost.

I am raising my concerns with you because the CPC’s unauthorized use of this material, while inconsistent with our country’s copyright laws, may also be non-compliant with the Canada Elections Act (the “Act”). In my view, the unpaid use of copyrighted material is a “non-monetary contribution” to the CPC, as defined in s.2(1) of the Act.

The Act prohibits donations from corporations pursuant to s.404(1) and, accordingly, such contributions ought to be ineligible. The failure to return an ineligible contribution is an offence pursuant to s. 404(2) of the Act.

I would be grateful for your ruling on this issue. If you have any questions or comments, please do not hesitate to contact me.

Sincerely,

The Hon. Stéphane Dion
Liberal Democratic Reform critic