On June 12, 2008 the government of Canada introduced
legislation to amend the Copyright Act. Bill C-61,
An Act to Amend the Copyright Act, seeks to balance
the rights of creators with the interests of consumers by
extending copyright protection to works made available over the
Internet and establishing new exceptions to benefit consumers
and educational institutions.
The principal features of Bill C-61 are:
Circumventing technological measures that restrict access
to works or control copying of works will be
The manufacture, provision, offering for sale or rental,
and distribution of circumvention tools will be
Internet Service Providers (ISPs) will be exempted from
copyright infringement for providing Internet access, and for
caching and hosting content.
ISPs will be obliged to forward to a subscriber a notice
received from a copyright owner claiming that the subscriber
has posted or is sharing infringing material.
Consumers will be able to lawfully copy a book,
newspaper, periodical, photograph, video cassette or recorded
music accessed legally onto devices they own (e.g., from a CD
to an iPod) for their own private use.
Consumers will also be able to time shift television and
Educational institutions will be able to lawfully deliver
digital course materials to students and make multiple copies
of works made available over the Internet subject to limited
Bill C-61 will now proceed to second reading and committee.
We anticipate that the Bill will generate extensive debate and
representations by both stakeholders and members of the
Glen Bloom has been a partner in the Ottawa
office since 1985. He practices intellectual property law and
litigation, primarily copyright, trade-mark and patent matters
and frequently appears before the Federal Court, the Federal
Court of Appeal, the Supreme Court of Canada, the Trade-marks
Opposition Board and the Copyright Board.
The content of this article is intended to provide a
general guide to the subject matter. Specialist advice should
be sought about your specific circumstances.
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A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
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