Canada’s Copyright Act
View Canada’s copyright act
Canada signs the Marrakesh Treaty
Since 2008, a number of bills were put forth to modernize Canada's
Copyright Act. In 2012, the new Act came into force. OLA was involved in
consultations during this process and created resources for members:
The Copyright Modernization Act was introduced June 2, 2010.
OLA's response to Bill-C32
CLA's response to The Copyright Modernization Act
September 2008, Bill C-61, An Act to Amend the Copyright Act,
“died on the order paper”. However, the process prompted people to
consider changes, and the impact, should the Act be amended. The CLA
Working Group, at which OLA has representation, developed a discussion
paper that articulates the potential changes and their impacts on the
library community and users rights.
The report can be found on the 'resources' section of www.cla.ca
Key points from a preliminary review of the act (July, 2010):
- Bill C-32, also known as the Copyright Modernization Act, may
impact libraries across Canada. Several changes in the bill relate to
libraries’ access to copyright material in digital form:
- Libraries, archives and museums (LAMs) would be permitted to
make a transfer to new archiving technology as older technologies start
becoming obsolete, rather than having to wait until older technologies
are obsolete. This would not apply to special libraries.
- The new Technological Protection Measure provisions (TPM) would
impose harsh penalties and stringent rules for breach, but LAMs would
have a possible defence available to these provisions.
(The Act defines a TPM to mean any effective technology, device or
component that, in the ordinary course of its operation, either
(a) controls access to a work, to a performer’s performance fixed in
a sound recording or to a sound recording and whose use is authorized
by the copyright owner; or
(b) restricts the doing — with respect to a work, to a performer’s
performance fixed in a sound recording or to a sound recording)
- The defence states that a LAM would be protected from any
remedy, other than having to stop the practice, if it could show that it
was unaware a TPM was breached. This would not apply to special
- Printed material to electronic format conversions would now be permitted.
- The ‘fair dealing’ exception would be expanded to include ‘education’ and ‘parody or satire’ as new exceptions for use.
- Ownership of photographs would be treated the same as other
copyrightable works -- although for certain private uses of a
commissioned photograph the commissioning party would still have rights.
Importantly, the bill has only recently been
through the first reading stage, and may take months to progress through
parliament. Follow this bill on the parliamentary website.
An analysis of Bill C-32 (An Act to Amend the Copyright Act)
An analysis of Bill C-32 (An
Act to Amend the Copyright Act). The attached document in no way
provides a legal opinion upon which an institution should rely, but
rather provides a review of Bill C-32, with focus on the portions that
would appear to have the greatest likelihood of impacting the members of
the Ontario Library Association.
(with thanks to the UWO research team: David William George Morrison, Daniel William Hynes, and Justin James Vessair)
Questions to consider when reviewing new copyright legislation
||How does Canada’s copyright laws affect you?
How should existing laws be modernized?
your job. Talk about who you are and what you do. Tell your own story
as a librarian. Talk about the kinds of questions and issues you face
with copyright and how it impacts your ability to fulfill your role as a
librarian. Speak of your personal experience. Also talk about how ©
impacts you as a private user of information. Don’t need to have
expertise … just tell your story.
Principles: Fair dealing; access to information; openness; balance; flexibility
||Based on Canadian values and interests, how should copyright changes be made in order to withstand the test of time?
law needs to have inherent flexibility based on broad, balanced
principles so it isn’t necessary to carve out specific exceptions each
time a particular situation arises that needs to be addressed. Should
the Act be amended each time we have a new technology to deal with?
Principles: flexibility; balance; format neutrality
||What sorts of copyright changes do you believe would best foster innovation and creativity in Canada?
and communication. Think about how the flow of information fosters
innovation and creativity. How can the law support this? Your answers
may be shaped by the way you think libraries and librarians help shape
innovation and creativity.
Principles: Broad fair dealing; openness; access to information
||What sorts of copyright changes do you believe would best foster competition and investment in Canada?
and communication. Open access to information is critical for the
sharing of knowledge in support of economic growth. Your answers may be
shaped by the way you think libraries and librarians help shape
competition and investment.
Principles: Openness ; balance
||What kinds of changes would best position Canada as a leader in the global, digital economy?
must counter the position that we have to implement WIPO. If we
implement WIPO, then we get digital protection measures, which will lead
to a limitation of users rights to access information – even for Fair
Dealing purposes. We need more openness, more access. We need rights for
the disabled. Ask yourself: what do librarians need from the
Copyright Act to contribute to Canada as a leader?
Principles: Openness, Fair Dealing; Access for the Disabled, Access to government information.