Canada modernises copyright regime
The Canadian government has announced the coming into force of the Notice and Notice regime, the final step in implementing the Copyright Modernization Act, which it says is a “balanced” approach to modernising Canada’s copyright laws better to protect the rights of creators and innovators in the digital age.
The Notice and Notice regime is a made-in-Canada solution and will formalise a voluntary system that some copyright owners and Internet service providers (ISPs) have already been participating in for many years. It will legally require Internet intermediaries, such as ISPs and website hosts, to take action upon receiving a notice of alleged infringement from a copyright owner.
Industry Minister James Moore and Minister of Canadian Heritage and Official Languages Shelly Glover said that the regime would be brought into force without additional regulation in recognition of the flexibility ensured by the Act. ISPs are encouraged to continue to work together to develop market solutions to address online piracy.
Additionally, Canada has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty and the Performances and Phonograms Treaty, both of which establish international standards for protecting copyright. They will come into force in Canada on August 13, 2014.
The Copyright Modernization Act falls under the ‘Canadian content’ pillar of Digital Canada 150, the Government’s plan for Canadians to take full advantage of the opportunities of the digital age.
Prior to the passage of the Copyright Modernization Act in 2012, Canadian copyright law was last updated in 1997. With the modernisation, the administration suggests that Canadians now have a copyright system that encourages new ideas and protects the rights of Canadians whose research and development and artistic creativity strengthen our economy. The Copyright Modernization Act requires a review of the Copyright Act by Parliament every five years.
“Modern copyright laws are a critical element in supporting a strong and growing digital economy in Canada. With the coming into force of the Notice and Notice regime, alongside the ratification of the international Internet treaties, Canadians now have balanced, modern, made-in-Canada copyright laws that will help support innovation and drive investment in the economy,” said Moore.
“The Copyright Modernization Act has struck a balance between the needs of creators and users. It will ensure that Canadian creators can have confidence knowing that their work will be protected at home and abroad,” added Glover.