Throne Speech Hints Canadian Copyright Act Amendments May Follow US Lead

The recent Speech from the Throne, outlining the Canadian Government's legislative plans for the next Parliamentary Session, included a reference to copyright reform. This has sparked speculation that the federal government will seek amendments to Canada's Copyright Act that resemble US copyright protections. The phrase "Our government will improve the protection of cultural and intellectual property rights in Canada, including copyright reform," in the Throne Speech has led some Canadian legal experts to wonder whether the federal government is considering copyright measures similar to those found in the US Digital Millennium Copyright Act (DMCA). The DMCA has been criticized for placing too much power in the hands of copyright holders to silence web sites that allegedly infringe content, making it easier for music companies to sue individuals for downloading music, and inhibiting research of encryption technology.However, some critics claim that the current law does not prevent the circumvention of digital media locks nor combat distribution of copyrighted material over peer-to-peer (P2P) networks. They also assert that the fair dealing provisions of the Copyright Act are insufficient to protect commercial interests. The communications director for Industry Minister Jim Prentice wrote that the Federal government will introduce new copyright legislation in a few months but he did not give any further details. Meanwhile, there is dissent even among supporters of amendments to Canada's Copyright Act as to the scope of future copyright protection. The Canadian Recording Industry Association (CRIA) and other members of the music industry would like to see amendments that focus on preventing the circumvention of digital media locks. According to CRIA President, Graham Henderson, "We're concerned about hackers, the people who attack the business models. Investors and creators do not want to introduce their product in a digital environment to get those products easily stolen." However, Stephen Stohn, copyright advisor for the Canadian Film and Television Production Association, and Catherine Saxberg, Executive Director of the Canadian Music Publishers Association, would prefer amendments that allow digital media to be watermarked so that distribution can be easily tracked and facilitate the collection of royalty payments. For more information, see: http://tinyurl.com/2aowmn Summary by: Andrei Edwards