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[d@DCC] Government of Canada Introduces Bill to Amend the Copyright Act

From: Russell McOrmond <russell _-at-_ flora.ca>
To: General Copyright Discussions <discuss (at) list.digital-copyright.ca>
Cc: announce -_at_- list.digital-copyright.ca
Date: Mon, 20 Jun 2005 15:37:40 -0400 (EDT)

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When published, the bill will be available at:
http://www.parl.gc.ca/common/Bills_House_Government.asp?Language=E&Parl=38&Ses=1

Date: Mon, 20 Jun 2005 15:27:18 -0400
From: INDUSTRY-INDUSTRIE
Subject: Government of Canada Introduces Bill to Amend the Copyright Act

Date: 2005-06-20

OTTAWA, June 20, 2005 -- Minister of Canadian Heritage and Minister 
responsible for Status of Women Liza Frulla and Minister of Industry David 
L. Emerson today announced that the Government of Canada has introduced a 
bill to amend the Copyright Act. The bill, which enacts the amendments 
identified in the Government Statement on Proposals for Copyright 
Reform,originally tabled on March 24, 2005, fulfills the Government's 
commitment to address short-term copyright reform issues and to update the 
Copyright Act to meet the challenges and opportunities of the Internet.

"Canada's ability to foster an innovative economy depends on the creation, 
dissemination and commercialization of ideas. Innovators are rewarded, 
research is facilitated, and the use of technology is enhanced," said 
Minister Emerson. "I believe this bill will provide creators, 
intermediaries, and users of copyright material with the certainty and 
clarity that will allow them to take full advantage of the opportunities 
of the Internet."

"We are very pleased to fulfill our commitment to table this legislation, 
which builds on the current copyright framework for the 21st century," 
said Minister Frulla. "These amendments strengthen our creators and 
cultural industries against the unauthorized use of their works on the 
Internet. This legislation strikes a balance to serve both our artists and 
users."

The legislation is intended to implement the provisions of the 1996 World 
Intellectual Property Organization (WIPO) Treaties, clarify liability for 
Internet service providers, facilitate the use of new technologies for 
educational and research purposes, and harmonize the treatment of 
photographers with that of other creators.

Additional issues of concern in copyright law do remain, including the 
educational use of publicly available Internet material and private 
copying. The Government remains committed to opening consultations on 
these issues for additional public input and consideration as soon as 
possible.

A backgrounder with highlights of the proposed legislation is attached. A 
series of frequently asked questions is available on the Internet at the 
following addresses: www.canadianheritage.gc.ca; 
http://strategis.ic.gc.ca/epic/internet/incrp-prda.nsf/en/h_rp01132e.html; 
and 
http://strategis.ic.gc.ca/epic/internet/inippd-dppi.nsf/en/h_ip00002e.html


Information:

Jean-François Del Torchio
Press Secretary
Office of the Minister of Canadian
Heritage and Minister responsible for
Status of Women
(819) 997-7788

Christiane Fox
Office of the Honourable
David L. Emerson,
Minister of Industry
(613) 995-9001

Myriam Brochu
Chief, Media Relations
Department of Canadian Heritage
(819) 997-9314

Annie Cuerrier
Manager, Media Relations
Industry Canada
(613) 943-2502

___________________

Backgrounder

The Copyright Act is an important marketplace framework law and cultural 
policy instrument that supports creativity and innovation. It strives to 
maintain an appropriate balance among copyright owners, intermediaries and 
users. Since the last major amendments to the Copyright Act in 1997, 
Canadians' use of the Internet has increased dramatically. The Government 
of Canada is updating the Copyright Act to ensure Canada has a copyright 
framework that enables copyright stakeholders to address the challenges 
and opportunities of the Internet.

As part of the 1997 amendments to the Copyright Act, section 92 called for 
a comprehensive review of the Act within five years. Accordingly, in 
October 2002, a report entitled Supporting Culture and Innovation: Report 
on the Provisions and Operation of the Copyright Act (the Section 92 
report) was tabled in Parliament. Extensive public consultations were then 
undertaken by the Standing Committee on Canadian Heritage. On May 12, 
2004, the Committee issued its Interim Report on Copyright Reform and 
re-adopted it on November 4, 2004. On March 24, 2005, the Ministers of 
Industry and Canadian Heritage tabled the Government's response to the 
Standing Committee on Canadian Heritage, including the Government 
Statement on Proposals for Copyright Reform. The Statement signalled the 
Government's intention to introduce this Bill later on in the spring. 
Highlights of the Bill include:

World Intellectual Property Organization (WIPO) Treaties Issues Bill C- X 
amends the Copyright Act to implement the copyright protections required 
by two World Intellectual Property Organization (WIPO) treaties: the WIPO 
Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty 
(WPPT).

Amendments in this regard are as follows:
 	the existing exclusive communication right of authors are
         clarified to include control over the making available of their
         material on the Internet;

 	sound recording makers and performers are provided the right to
         control the making available of their sound recordings and
         performances on the Internet;

 	the circumvention for infringing purposes of technological
         measures (TMs) applied to copyright material constitutes an
         infringement of copyright;

 	the alteration or removal of rights management information (RMI)
         embedded in copyright material, when done to further or conceal
         infringement, constitutes an infringement of copyright;


 	rights holders are provided with the ability to control the first
         distribution of their material in tangible form;

 	the term of protection in photographs will always be the life of
         the photographer plus 50 years;

 	a full reproduction right for performers in sound recordings is
         introduced;

 	the term of protection provided to sound recording makers in
         respect of their sound recordings is modified so as to extend to
         50 years from the publication of the sound recording (the term of
         protection provided to performers in respect of their recorded
         performances is modified in consequence); and

 	performers are provided with moral rights in their fixed and live
         performances.

Internet Service Provider (ISP) Liability

 	ISPs are exempt from copyright liability in relation to their
         activities when they are acting merely as intermediaries.

 	A "notice and notice" regime in relation to the hosting and
         file-sharing activities of an ISP's subscribers is provided. When
         an ISP receives notice from a rights holder that one of its
         subscribers is allegedly hosting or sharing infringing material,
         the ISP is required to forward the notice to the subscriber, and
         to keep a record of relevant information for a specified time.

Educational and Research Access Issues
 	The current exception that permits the performance or display of
         copyright material for educational purposes within the classroom
         is modified to enable students in remote locations to view a
         lecture using network technology, either live or at a more
         convenient time.

 	Material that may be photocopied and provided to students pursuant
         to an educational institution's blanket licence with a collective
         society is permitted to be delivered to the students
         electronically without additional copyright liability. Provisions
         in this regard apply until such time as the collective societies'
         blanket licenses authorize such electronic delivery.

 	In the above instances, educational institutions are required to
         adopt safeguards to prevent misuse of the copyright material.

 	The electronic interlibrary desktop delivery of certain copyright
         material, notably academic articles, directly to library patrons
         is permitted, provided effective safeguards are in place to
         prevent misuse of the material.

Photography Issues
 	Treatment of photographers is harmonized with other creators with
         respect to authorship and copyright ownership. At the same time,
         the interests of consumers in the use of photographs commissioned
         for domestic purposes is protected.

Educational Use of Internet Material
 	The Government will initiate a public consultation process on the
         issue of the educational use of publicly available Internet
         material as soon as possible.

Private Copying and Other Medium-Term Issues
 	The Government will continue to work on other copyright matters as
         part of its ongoing process of updating the Copyright Act, and
         work on other medium-term issues, including the matter of
         reproductions made by broadcasters, will also intensify.
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