Canada Unveils Controversial Changes To Copyright Regime

by Mike Godfrey, for LawAndTax-News.com, Washington

13 June 2008

The Government of Canada on Thursday announced sweeping reforms to the country's Copyright Act that it claimed "will bring it in line with advances in technology and current international standards".

"Our government has committed to ensuring Canada's copyright law is up to date, and today we are delivering by introducing this "made-in-Canada" bill that balances the interests of Canadians who use digital technology and those who create content," stated Jim Prentice, Minister of Industry.

"These proposed amendments represent the first major reform of the Copyright Act in more than a decade. In that time, the Internet and other new technologies have radically changed the way we produce and access copyright material," added Josée Verner, Minister of Canadian Heritage, Status of Women and Official Languages and Minister for La Francophonie.

"Canadians are known around the world for their creativity and ingenuity, and many of their ideas are found in the books we read, the music we listen to, the movies we watch, and the new digital technology we use in our day-to-day lives. Our balanced copyright reform builds on these successes."

The proposed amendments put forward on Thursday include:

  • New exceptions that will allow Canadian consumers to legally record television shows for later viewing and copy legally acquired music onto other devices, such as iPods or cellphones;
  • New exceptions for some educational and research purposes;
  • New rights and protections for those who create content; and
  • Provisions to address the liability of Internet service providers and the role they should play in curbing copyright-infringing activities on their networks.

However, reaction to the new legislation has been mixed, as in addition to the provisions mentioned above, hefty fines are to be imposed for incidents of copyright infrinement.

In addition, according to a National Post report, opposition politicians have condemned Bill C-61 as "a piece of half-baked legislation", suggesting that the law is unlikely to make it to the statute book in the event of a change of government at the next election.

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