Canadian Copyright Law Update

Those watching Canadian copyright law developments are encountering a busier than usual season.

  1. Heritage Minister James Moore hopes to re-introduce Bill C-32 on copyright reform this fall, without amendments, and he is also hoping that the bill is passed by Christmas. This will be the fourth attempt by the Canadian government to amend its copyright laws so that Canada may adhere to the World Intellectual Property Organization digital copyright treaties, and address various digital copyright issues as well as other much discussed copyright issues.
  2. The Supreme Court of Canada will simultaneously hear on December 6 and 7 2011, five copyright cases which are a judicial review of Copyright Board decisions. The cases relate to the definition of research under fair dealing, the meaning of “to the public” in copyright law, and the scope of fair dealing in relation to educational institutions.
  3. As of the start of the school year, many Canadian universities have opted out of repertoire licensing with the Canadian copyright collective, Access Copyright. These universities are now facing the challenge of clearing individual rights in content for classroom and other teaching-related uses.

In the upcoming months, we will have much to discuss in the copyright department.

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