Below are proposed amendments to the Canadian COPYRIGHT ACT. I thought they might be of interest to subscribers
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Government of Canada
P-12/94-137 CD940794
GOVERNMENT TO PROCEED WITH AMENDMENTS TO COPYRIGHT ACT TORONTO, December 22, 1994 - Canadian Heritage Minister Michel Dupuy and Industry Minister John Manley announced today that legislation to amend the Copyright Act will be tabled in the House of Commons as soon as possible in 1995.
"We look forward to putting in place legislation which will
strike a fair balance between the rights of creators to
receive remuneration for use of their works and the needs of
users to have reasonable access to these works," noted Mr.
Manley.
"Following extensive consultations with all interested
parties, we have agreed to proceed on several key areas
related to the revision of the Copyright Act. The reform
will include additional rights for producers, performers and
broadcasters for certain uses of their creations, exceptions
for groups such as schools, libraries, archives, museums and
individuals with special needs, and a royalty to compensate
creators for the home taping of their works, making the home
copying of sound recordings permissible," added Mr. Dupuy.
Both Ministers expressed confidence that the long-awaited changes to the Copyright Act will help strengthen Canadian identity and contribute to the economic vitality of the cultural sector. The arts and culture sectors already play a significant role in the Canadian economy, contributing a total of $22 billion and generating close to 600,000 jobs.
Information:
Eli Turk Alain Garceau
Office of the Office of the
Hon. John Manley Hon. Michel Dupuy
(613) 995-9001 (819) 997-7788
FACT SHEET
AMENDMENTS TO THE COPYRIGHT ACT
The proposed amendments to the Copyright Act include, among other initiatives, measures dealing with neighbouring rights for sound recordings, home copying and exceptions for certain groups. Outlined below is a brief explanation of these three subject areas that will comprise some of the major changes to the proposed legislation.
Neighbouring Rights
Neighbouring rights refer to activities related to copyright that were codified internationally in the Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations (1961, the Rome Convention). This Convention defines neighbours to copyright as performers, producers of sound recordings and broadcasters and sets out minimum international norms for their protection. In the absence of neighbouring rights legislation, neither performers nor producers have the legal right to remuneration for public performance or broadcasting of their recordings, while broadcasters receive no protection for their signals.
Neighbouring rights will ensure, among other things, that producers and performers of sound recordings will be remunerated when their songs are played on the radio. The level of fees under the proposed regime will take into account the financial situation of radio broadcasters.
Home Copying of Sound Recordings
Home copying is the act of copying, without preauthorization, a pre-recorded work onto a blank support medium (e.g. audio cassette) for private, personal use. This practice contravenes the rights of creators of sound recordings.
Under the proposed changes, consumers who buy blank tapes will pay a nominal royalty if the levy is not absorbed by the importers of tapes. Money collected would be distributed to creators to compensate for loss of sales.
Exceptions
The Copyright Act grants authors the exclusive right to authorize certain acts, such as the reproduction, public performance, and communication to the public by telecommunications of their works. The Act also recognizes, for reasons of public interest, certain exceptions under which a work can be used without authorization and remuneration. Exceptions exist in one form or another in all countries.
Under the proposed revisions, additional exceptions or
special measures will be granted to certain users. These
will include non-profit educational institutions, libraries,
archives and museums. It will also address the needs of
perceptually disabled persons.
End of document.
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