Copyright Modernization Act soon to be law in Canada

October 30th, 2012 by Barry Sookman Leave a reply »

The Privy Council has released a copy of notice dated October 25, 2012 (P.C. 2012-1392) setting out when the amendments to the Copyright Act will come into force. The information in the notice, which has been published by some law libraries, provides for the amendments to come into force in three stages.

  1. Most amendments will come into force when the notice is officially published in the Canada Gazette Part II which is expected to take place soon and perhaps as early as November 7, 2012.
  2. Several amendments related to WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) will come into force on the later of when the Order in Council is published and when the treaty comes into force for Canada.
  3. The notice and notice and related provisions (Sections 41.25, 41.26, and 41.27(3)) will come into force at a later date which is not specified. This will likely follow the adoption of regulations related to these provisions.

The wording of the Privy Council Order is as follows:

Sections 1, 2(2), 3, 4, 6 to 8, 9(1), 9(2), 10, 11(1), 11(3), 12(1), 12(3), 13, 15(1), 15(3), 15(5), 17 to 46, 47 (other than s. 41.25, 41.26, and 41.27(3) of the Copyright Act, as enacted by that section), 48, 49 and 51 to 62 of the Copyright Modernization Act, S.C. 2012, c. 20, are proclaimed into force on the day on which this Order is published in the Canada Gazette Part II (P.C. 2012-1392).

Sections 2(1) and 5 of the Copyright Modernization Act, S.C. 2012, c. 20, are proclaimed into force on the later of the day on which this Order is published in the Canada Gazette, Part II, and the day on which the WIPO Copyright Treaty, adopted in Geneva on December 20, 1996 comes into force for Canada (P.C. 2012-1392).

Sections 9(3), 9(4), 11(2), 11(4), 11(5), 12(2), 14, 15(2), 15(4), 16 and 50 of the Copyright Modernization Act, S.C. 2012, c. 20, are proclaimed into force on the later of the day on which this Order is published in the Canada Gazette, Part II, and the day on which the WIPO Performances and Phonograms Treaty, adopted in Geneva on December 20, 1996, comes into force for Canada (P.C. 2012-1392).

For more information about the Copyright Modernization Act or Bill C-11 or copyright reform, see Change and the Copyright Modernization Act.

 

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