Government of Canada introduces changes the Copyright Act

Minister of Industry Tony Clement
News Release

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MONTRÉAL - The Honourable Tony Clement, Minister of Industry, and the Honourable James Moore, Minister of Canadian Heritage and Official Languages, today announced the introduction of legislation to modernize the Copyright Act.

This legislation is a key pillar in the government's commitment in the 2010 Speech from the Throne to position Canada as a leader in the global digital economy.

"Our government promised to introduce legislation that will modernize Canadian copyright law for the digital age while protecting and creating jobs, promoting innovation and attracting new investment to Canada," said Minister Clement. "This legislation will ensure that Canada's copyright laws are forward-looking and responsive in a fast-paced digital world."

"Today we are introducing a copyright bill that offers a common-sense balance between the interests of consumers and the rights of the creative community," said Minister Moore. "The bill is flexible, reflects the changing behaviours of consumers and the evolution of technology, and responds to what we heard in the consultations."

The popularity of Web 2.0, social media, and new technologies such as the MP3 player and digital books have changed the way Canadians create and make use of copyrighted material.

This bill recognizes the many new ways in which teachers, students, artists, software companies, consumers, families, copyright owners and many others use technology.

It gives creators and copyright owners the tools to protect their work and grow their business models.

It provides clearer rules that will enable all Canadians to fully participate in the digital economy, now and into the future.

This legislation will bring Canada in line with international standards and promote home-grown innovation and creativity.

It is a fair, balanced, and common-sense approach, respecting both the rights of creators and the interests of consumers in a modern marketplace.

The Government of Canada is working to secure Canada's place in the digital economy and to promote a more prosperous and competitive Canada.

For more information, visit www.balancedcopyright.gc.ca.

Backgrounder

In the 2010 Speech from the Throne, the Government of Canada reiterated its commitment to strengthening laws governing intellectual property and copyright in order "to encourage new ideas and protect the rights of Canadians whose research, development and artistic creativity contribute to Canada's prosperity."

The bill follows through on this commitment.

In the summer of 2009, the government launched an eight-week national consultation on copyright modernization.

Thousands of Canadians, businesses and stakeholder organizations shared their ideas on how to best adapt Canada's copyright framework to the digital age.

What the government heard is that Canada needs new laws that are fair and balanced for today's content creators and users and adaptable to respond to the challenges and opportunities of tomorrow.

The bill will give Canadian creators and consumers the tools they need to increase Canada's international competitiveness and will implement the rights and protections of the World Intellectual Property Organization (WIPO) Internet treaties.

Negotiated in 1996, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty established new rights and protections for authors, sound recording makers and performers of audio works.

Through this legislation, the government will:

- Modernize the Copyright Act, bringing it in line with advances in technology and international standards;

- Address the interests of Canadians, from those who create content to the consumers who benefit from it;

- Provide a framework that is forward-looking and flexible, which will help protect and create jobs, stimulate our economy and attract new investment to Canada; and

- Establish rules that are technologically neutral, so they can be adapted to a constantly evolving technological environment while ensuring appropriate protection for both creators and users.

The following is a summary of what the provisions of the new bill will mean to Canadians.

Creators, performers and copyright owners

New rights for Canadian creators

Canadian creators, performers and artists will benefit from the full range of rights and protections in the WIPO Internet treaties, including an exclusive right to control how their copyrighted material is made available on the Internet.

In addition, the term of copyright protection for sound recordings for performers and producers will be extended to 50 years from the time of publication of a musical performance.

The bill makes photographers the first owner of copyright on their photographs, which will be protected for 50 years after the death of the photographer.

People who commission photographs will be able to make personal or non-commercial use of the photos unless there is a contract that specifies otherwise.

Protecting the incentive to create

Provisions in the bill strengthen the ability of copyright owners to control the uses of their online works in order to prevent widespread illicit use and to promote creativity, innovation and legitimate business models.

Such provisions include legal protection for rights management information and a new category of civil liability that targets those who enable online piracy.

Copyright owners who choose to apply technological protection measures (TPMs), such as digital locks, to prevent unauthorized access to copyrighted material will benefit from new protection against circumvention, or breaking locks.

New rules will also prevent the manufacture, importation and sale of devices that can break digital locks.

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