On October 1, 1999, the remaining provisions of An Act to Amend the Copyright Act (Bill C-32) came into force. The new provisions contain exceptions that will allow radio and television broadcasters to make temporary copies of protected works (known as ephemeral recordings). Also in force are new remedies for copyright infringement including statutory damages, a remedy called a "wide injunction" and a new procedure for commencing summary proceedings in copyright infringement cases.
Statutory damages are an important weapon in the fight against copyright infringement. Until now, a copyright owner would have to prove its damages suffered as a consequence of an infringer’s actions. These damages are often difficult to establish and as a result many copyright owners were inadequately compensated even when infringement was proven. Now, a copyright holder is entitled to a guaranteed minimum award of between $500 and $20,000 in respect of each work infringed.
In the United States, the availability of statutory damages has proven extremely successful in suppressing the use and manufacture of illegitimate computer software. The threat of large statutory damage awards, in turn, has helped organizations such as the Business Software Alliance (BSA) obtain significant settlement amounts.
Canadian organizations such as the Society of Composers, Authors and Music Publishers of Canada (SOCAN), the Canadian Recording Industry Association (CRIA), and the Canadian Alliance Against Software Theft (CAAST) will now be in a much stronger position in their battle against copyright infringers.
Christopher Van Barr is an Associate in the Ottawa Gowlings office. He can be reached by e-mail at firstname.lastname@example.org.
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.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The prospect of an internal investigation raises many thorny issues. This presentation will canvass some of the potential triggering events, and discuss how to structure an investigation, retain forensic assistance and manage the inevitable ethical issues that will arise.
From the boardroom to the shop floor, effective organizations recognize the value of having a diverse workplace. This presentation will explore effective strategies to promote diversity, defeat bias and encourage a broader community outlook.
Staying local but going global presents its challenges. Gowling WLG lawyers offer an international roundtable on doing business in the U.K., France, Germany, China and Russia. This three-hour session will videoconference in lawyers from around the world to discuss business and intellectual property hurdles.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).