OTTAWA, March 24, 2005 -- Minister of Industry David L. Emerson and Minister of Canadian Heritage and Minister responsible for Status of Women Liza Frulla today released a Statement, on behalf of the Government of Canada, outlining proposed amendments to the Copyright Act that will address the challenges and opportunities of the Internet. These amendments will fulfill the Government's commitment to address the short-term group of copyright reform issues. Today, the Government also tabled its Response to the Standing Committee on Canadian Heritage with respect to its May 2004 Interim Report on Copyright Reform. The Response includes the Government's statement. "We are pleased to have this opportunity to show Canadians how we intend to build a copyright framework for the 21st century," said Minister Frulla. "We must strengthen the hand of our creators and cultural industries against the unauthorized use of their works on the Internet." "The Internet provides an incredibly powerful new means of communications, research, education, innovation and entertainment," said Minister Emerson. "A balanced copyright framework will help to support the use of the Internet to foster innovation and learning, while establishing stable and predictable marketplace rules." The Government intends to introduce legislation later this spring that will implement the provisions of the 1996 World Intellectual Property Organization (WIPO) Treaties, clarify liability for Internet service providers, facilitate the use of the Internet for educational and research purposes, and harmonize the treatment of photographers with that of other creators. The Government recognizes the significance of the Internet as a learning tool for teachers and students as well as a platform for creators to disseminate content. Enabling the educational use of publicly available Internet material has proven to be a complex and contentious issue, however. Soon after tabling of the bill, the Government will open consultations on this issue for additional public input and consideration. Updating copyright law is an ongoing process. The proposed amendments represent a significant step in this regard, but consultations on additional issues of concern will take place as soon as possible after the bill is tabled. A backgrounder with highlights of the proposed legislation is attached. A copy of the Joint Statement as well as a series of frequently asked questions are available on the Internet at the following addresses: http://strategis.ic.gc.ca/epic/internet/incrp-prda.nsf/en/HOME, http://strategis.ic.gc.ca/epic/internet/inippd-dppi.nsf/en/home, and http://pch.gc.ca. - 30 - Information: Jean-Philippe Côté Director of Communications Office of the Minister of Canadian Heritage and Minister responsible for Status of Women (819) 997-7788 Stéphanie Leblanc 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 between the needs of copyright owners, intermediaries and users. Since the Copyright Act was last amended in 1997, Canadians' use of the Internet has increased dramatically. The Government of Canada is committed to 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. The Statement released on March 24 by the Ministers of Industry and Canadian Heritage is included in the government's response to the Standing Committee's report. The Statement outlines proposed amendments to the Copyright Act which the government intends to present to Parliament later this spring. Highlights of the Government's proposal to amend the act include: World Intellectual Property Organization (WIPO) Treaties Issues The Bill would amend 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). Proposed amendments in this regard are as follows: the existing exclusive communication right of authors would be clarified to include control over the making available of their material on the Internet; sound recording makers and performers would be provided the right to control the making available of their sound recordings and performances on the Internet; the circumvention for infringing purposes of technological protection measures (TPMs) applied to copyright material would constitute an infringement of copyright; the alteration or removal of rights management information (RMI) embedded in copyright material, when done to further or conceal infringement, would constitute an infringement of copyright; rights holders would be provided with the ability to control the first distribution of their material in tangible form; the term of protection in photographs would always be the life of the photographer plus 50 years; a full reproduction right for performers in sound recordings would be introduced; the term of protection provided to sound recording makers in respect of their sound recordings would be 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 would be modified in consequence); and performers would be provided with moral rights in their fixed and live performances. Internet Service Provider (ISP) Liability ISPs would be exempt from copyright liability in relation to their activities as intermediaries.A "notice and notice" regime in relation to the hosting and file-sharing activities of an ISP's subscribers would be provided for. When an ISP receives notice from a rights holder that one of its subscribers is allegedly hosting or sharing infringing material, the ISP would be 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 would be 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 would be permitted to be delivered to the students electronically without additional copyright liability. Provisions in this regard would apply until such time as the collective societies' blanket licenses authorize such electronic delivery. In the above instances, educational institutions would be 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 would be permitted, provided effective safeguards were in place to prevent misuse of the material. Photography Issues Treatment of photographers would be 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 would be 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 after introducing the Bill. 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. Foremost among these is the private copying regime. The government proposes to release a discussion paper on this issue as soon as possible after introducing the Bill. Work on other medium term issues, including the matter of reproductions made by broadcasters, will also intensify.
