After 15 years and numerous attempts , the Copyright Act was amended in June 2012 . Then , in July 2012 , the Supreme Court of Canada handed down five significant Copyright Act decisions , also known as the Pentalogy series of decisions . Subsequent to July 2012 , several other significant SCC cases were decided . In addition , in April 2015 , the Copyright Act was yet again amended . I outline key amendments to the Act below and will briefly summarize the SCC copyright decisions in the next issue .
Copyright Act Amendments 1 . One can now copy legallyacquired , copyright-protected content from one format to another . For example , from a CD to your computer or an iPod , but not if the content is protected by a digital lock . A digital lock means a technological measure such as encryption , or a digital signature used to restrict access to copying materials such as CDs , DVDs , e-books , and digital files .
2 . Provided the purpose is not to build up an archive or library , or for commercial use , one can record television , radio , and internet broadcasts , the purpose of which is to view them later on whatever device the consumer chooses ; but
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not if the content is offered “ on demand ,” or is protected by a digital lock .
3 . One can make a backup copy of legally-acquired , copyright-protected content , the purpose of which is to protect against loss or damage , but not if the content is protected by a digital lock .
4 . Circumventing digital locks is prohibited . This applies even in the case where the circumvention would be for legal purposes , such as research or private study . The manufacturing or importation of services and devices , the purpose of which is primarily to break digital locks , is also prohibited .
5 . Three new fair dealing exemptions were added to the Act . Fair dealing exemptions allow the use of copyrightprotected works without the necessity of obtaining copyright licenses or paying licensing fees . Now in addition to the right to use copyright protected works for the purposes of criticism , review , research , private study , and news reporting , fair dealing exemptions also include the use of copyright protected works for education , satire , and parody purposes .
6 . Radio broadcasters are no longer required to pay for making temporary reproductions of
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sound recordings for purposes of digital conversion .
7 . Provided it is not done for commercial gain , one can now integrate legally-acquired copyright content into one ’ s user-generated work ; however , such practice cannot negatively impact the commercial market for the original copyright material , or negatively impact the artist ’ s reputation .
8 . The Act now distinguishes between commercial copyright infringement and copyright infringement by an individual . Individuals can be subject to monetary penalties of between $ 100 and $ 5,000 for copyright infringement . The amount of $ 20,000 in potential monetary liability now applies in cases of commercial infringement of copyright .
9 . An ISP must give notice to a customer / user of a violation of copyright if the copyright holder gives notice to the ISP that there is potential copyright infringement . The ISP must retain information about the customer / user , including their identity , which could be released pursuant to a court order ; however , ISPs and search engines are exempt from liability resulting from the copyright infringement of their customers / users if they act only as intermediaries caching ,
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communicating , or hosting copyright materials .
10 . Moral rights , which include integrity and paternity rights , accrue to creators of works . Such works now include performers ’ performances . For more information on moral rights , visit www . songwriters . ca / copyright101 . aspx from the Songwriters Association of Canada .
11 . Photographers will now be the first owner of the copyright in their photographs . This was not the case when photographs were commissioned prior to these most recent amendments . Previously , in the absence of an agreement to the contrary , the commissioner of a photograph would have owned the copyright to it .
12 . A review of the Act is required every five years by a committee of the Senate , the House of Commons , or both .
13 . Effective June 2015 , the duration of copyright in sound recordings was extended from 50 years from the date of creation to 70 years from the date of publication .
Part two , in the May / June 2016 issue , will look at recent Supreme Court of Canada copyright cases and potential implications for the Canadian music industry .
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