Canada's multi-billion dollar art collection is largely inaccessible online, primarily due to restrictive and ambiguous copyright laws. This has led to public institutions being cautious about showcasing their collections digitally. The National Gallery of Canada, home to nearly 100,000 works of art, has only digitized around 15,000 images, representing approximately one-fifth of its total collection.
Simon Bentley, a Toronto art dealer, argues that publicly owned art should be publicly accessible. He believes that requiring museums to pay reproduction fees diverts limited arts funding, hindering the extent to which collections can be shared online. For Canadians outside of Ottawa, viewing much of the collection necessitates an in-person visit to the gallery.
The National Gallery acknowledges that copyright belongs to artists and their estates under the Copyright Act and that they currently pay reproduction fees to display works online. They are actively renegotiating agreements with artists' associations, like Canadian Artists' Representation (CARFAC), to broaden digital access. The gallery's senior officer of public relations, Josée-Britanie Mallet, stated that their goal is to eventually make the entire collection available online.
Some experts suggest that Canadian law may already permit greater flexibility through "fair dealing" provisions, which allow the use of copyrighted material for purposes such as research, private study, criticism, and news reporting. Carys Craig, a professor of intellectual property law at York University, believes that uncertainty surrounding the application of these provisions has made publicly funded museums hesitant to share more of their collections online. The debate continues as Canada seeks to balance artists' rights with public access to its cultural heritage.
