Sections of The Copyright Modernization Act (Bill C-11) are now in force

Thanks to Nancy Marrelli of Concordia University for the following:

Bill C-11, the Copyright Modernization Act (previously known as Bill C-32), passed through all stages of Parliament on June 29, 2012 and it received Royal Assent the same day. However, its provisions do not come into effect until they are brought into force.  Everything about the Copyright Modernization Act has been complicated, and the coming into force seems to be no exception!

As a result of the publication on November 7, 2012 of the official regulations SI/2012-85 (http://www.gazette.gc.ca/rp-pr/p2/2012/2012-11-07/html/si-tr85-eng.html, many sections of The Copyright Modernization Act (Bill C-11) are now in force.  However some of the provisions will come into force only at a later date.

Bill C-11 can be found at:  http://www.parl.gc.ca/content/hoc/Bills/411/Government/C-11/C-11_4/C-11_4.PDF

The sections of Bill C-11 that are now in force include:

6, 7:  Special treatment of photographs is eliminated – this has the effect of changing the copyright holder to the creator (rather than the commissioner whose bill has been paid) for commissioned photographs and altering the term of protection for certain photos so the term of protection for all photos becomes the standard life+50 years. PLEASE NOTE: More detailed information on these provisions will follow in the near future.

8, 9, 10, 17: modifications for performers’ performances

18-20:  expansion of infringement definitions

21: expansion of fair dealing to include parody, satire and education

22:  new exceptions to infringement: user-generated content, private purposes reproduction, time-shifting, back-up copies

23-27:  major modification of educational institution provisions

28: provisions for libraries, archives and museums to copy obsolete formats

29:  Digital inter-institution loans are permitted for libraries, archives and museums under certain conditions.  PLEASE NOTE: More detailed information on these provisions will follow in the near future.

30:provisions for archives to provide copies of unpublished works under more viable conditions  PLEASE NOTE: More detailed information on these provisions will follow in the near future.

32:  exception to infringement for temporary reproductions for technological purposes

35:  exception to infringement for “network services”

36-37: modification of perceptual disabilities provision

38: new exception to infringement for personal use of commissioned photos and portraits

42-46, 48, 49:  modifications to civil remedies provisions, including modification of statutory damages provisions, limiting liability for infringements for non-commercial purposes

47:  some sections on Technological Protection Measures and Rights Management measures are changed, but others will await publication of further regulations.  Digital locks rules are now in effect but a new regulatory process opens the door to additional exceptions. PLEASE NOTE: More detailed information on these provisions will follow in the near future.

58: introduces a five-year review mechanism for the Copyright Act

Other sections of Bill C-11 are not yet in force.  Certain provisions dealing with the WIPO Digital Copyright Treaties will go into force only when those treaties are formally ratified, and there will be consultations and separate regulations for internet service provider provisions relating to notice-and-notice rules before these go into force.

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