Key Provisions of Canada’s copyright modernization act

The copyright modernization act also known as Bill C-11 received royal assent on June 29,2012. It was the first update to the copyright act since 1997. The amendment brought changes to the copyright act providing more protection to the holders and had a higher ability for user interaction. Additionally, the bill aims to discard the piracy of digital content and protect the rights of content creators. In doing so, the bill introduces one of the most restrictive anti-circumvention policies. However, the provisions of the bill extend beyond just that, and here are some key provisions introduced by the copyright modernization act.

Enforces a restrictive anti-circumvention policy

One of the most discussed and controversial aspects of the bill was the anti-circumvention policy. To minimize copyright infringement, the bill added more restrictions on content that was digitally locked by the media publishers. As a result, content that is digitally locked is near-to-impossible to get access to for everyday use. This includes but is not limited to a complete restriction on format changes and sharing of the content. This prevents professors from sharing the content. Additionally, it prevents format changes such as text-to-speech. All these restrictions apply if the content has been digitally locked by the media publisher. Media publishers can digitally lock the content by contacting an IP lawyer. However, the bill also adds provisions for copyright content that is not digitally locked.

Expand the scope of fair dealing

The act also expands the scope of what is considered fair dealing. The act allows the use of copyright content if it is not digitally locked. However, the use is limited to education, satire, and parody in addition to provisions that were already in place. The act allows the content to be used for education, satire, and parody without it being considered copyright infringement. As a result, if you are the copyright owner of a piece of content, you do not have a strong basis for copyright infringement if your content has been used for the purposes mentioned above. In the same token, if you are creating content that falls under what is considered fair dealing under the act, your content will not be considered a copyright infringement of the copyright content.  However, to get a better understanding of the circumstances a Toronto IP lawyer can be of great assistance. Furthermore, the bill also addresses the currently evolving digital medium.

Calls for the review of copyright law every 5 years

The bill addresses the current evolving digital medium by mandating the review of the copyright law every 5 years. As the bill is the first update to the copyright law since 1997. There were attempts to update the copyright before because of the shifting paradigm in the digital medium. However, the bill was updated after 15 years. A time in which the medium had continued to evolve exponentially. The time taken to make the change did not address many of the issues arising with the evolving technology, and it did not allow creators to adapt and protect their work in the digital medium. Considering such issues, the bill mandates a review every five years. This is put in place to ensure that the bill is up to the standard and addresses the new challenges and methods currently evolving in the digital medium.

Makes performers and photographers the primary owners of commissioned work

The copyright modernization act also ensures the protection of commissioned work for photographers and performers. This allows artists who work under commission to still be considered the primary owners of the work. The artists can safeguard their creations without having to ensure their ownership with contracts. As a result, they are also allowed to use the content without the work being considered a case of copyright infringement. Consequently, the performers and artists should contact an IP lawyer. This gives creators a higher degree of control and rights over their commissioned work. Additionally, the protection is ensured for 50 years after the content is created. Furthermore, this legislation allows performers and artists to sell and or transfer their ownership. Additionally, the bill also grants photographers the same benefits as a creator.

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