June 06, 2010

Government of Canada Introduces Legislation to Modernize the Copyright Act

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. As a result, the Government of Canada recently introduced legislation to update the Copyright Act and bring it up to date with the advances of the digital age. The legislation will bring Canada in line with international standards and promote home-grown innovation and creativity. It will also take into account both the rights of creators and the interests of consumers and it will recognize the many new ways in which teachers, students, artists, software companies, copyright owners and consumers use technology. In addition, it will also give creators and copyright owners the tools to protect their work and grow their business models and it will provide clearer rules that will enable all Canadians to fully participate in the digital economy, now and in the future.

Specifically, the Copyright Modernization Act:

• provides legal protection for businesses that choose to use technological protection measures (TPMs) or “digital locks”, to protect their intellectual property as part of their business models;
• implements the rights and protections of the World Intellectual Property Organization (WIPO) Internet Treaties, which brings Canada in line with international standards;
• gives copyright owners the tools they need to combat piracy;
• clarifies the roles and responsibilities of Internet Service Providers and search engines;
• promotes creativity and new methods of teaching in the classroom by providing greatly expanded exceptions for education;
• encourages innovation in the private sector through exceptions for technical computer processes;
• gives consumers the ability to, among other things, record their favourite TV shows to watch at a convenient time using the technology of their choice, put music from a CD on their MP3 player, or create a mash-up and post it on a social media website.

The Government’s approach to modernizing the Copyright Act is fair and balanced, as it respects the rights of creators, while protecting the interests of consumers in the marketplace. For more information about the Government’s legislation regarding the Copyright Act visit www.balancedcopyright.gc.ca.