CANADA COPYRIGHT REVISION
April 25, 1996
The long-awaited copyright reform package was tabled in the House of
Commons today by Minister Sheila Copps as Bill C-32. These are the main
features:
- "Neighbouring Rights" for performers, producers and broadcasters.
Those required to make new payments will include broadcasters, and
commercial establishments such as bars, nightclubs, discotheques, hotels
and airlines. The right to remuneration is based upon "reciprocity", i.e.
applies only to Canadians unless the other country has a similar regime or
is member of the Rome Convention. A curious provision would appear to allow
NAFTA partners a right to request payments in certain circumstances,
notwithstanding lack of reciprocity on their part.
- A home taping levy on blank audio recording media. There are
"Canadian only" aspects and reciprocity provision with respect to rights of
performers and producers. The amount will be determined by the Copyright
Board.
- Exceptions: single copy exceptions for persons with perceptual
disabilities (which does not include hearing impairment) and very limited
exceptions for educational institutions (such as the right to make a copy
on a "dry-erase board" or flip chart).
- Book distributors will now be able to stop parallel imports and
"buying around".
- Statutory minimum damages, at the election of the plaintiff, of a
minimum of $500.00 for infringement per work, or $200.00 where the
defendant was unaware that it was infringing.
- The treatment of reciprocity will likely generate considerable
international attention.
MORE INFORMATION IS AVAILABLE AT MY FIRM'S WEBSITE:
http://www.perlaw.ca
Howard P. Knopf, M.S., LL.M., is an intellectual property lawyer with
Perley-Robertson, Panet, Hill and McDougall in Ottawa, Canada.
Office Phone: 1-800-2-OTTAWA or 613-566-2820
Home Phone: 613-761-1735
Fax: 613-238-8775
E-Mail: hknopf[_at_]magi.com
Received on Fri Apr 26 1996 - 01:15:20 GMT