Canadian Government Outlines Copyright Reform Plans

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

30 March 2005

The Canadian government is seeking to strike a more balanced approach to copyright reform than that recommended by the Canadian Heritage Standing Committee's report, it emerged last week.

In the official response to the report, which was welcomed last year by copyright holders, the Canadian authorities rejected the majority of the recommendations made by the Committee.

Rather than immediately ratifying the World Intellectual Property Organization's internet-related treaties, it was announced that although provisions contained in the agreements will be implemented, ratification will be delayed.

In addition, the government rejected a proposed "notice and takedown" system which would oblige ISPs to remove allegedly infringing content displayed by their users, and called for more consultation on a proposed extended license for educational establishments seeking to access material online.

Outlining its planned anti-circumvention legislation, the Canadian government revealed that it plans to deviate from the US model by stating that "the circumvention of a TPM (technical protection measure) applied to copyright material will only be illegal if it is carried out with the objective of infringing copyright. Legitimate access, as authorized by the Copyright Act, will not be altered."

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