The Canadian Government has now deposited instruments of ratification as the final steps to ratifying the WIPO Performances and Phonograms Treaty (WPPT) and the WIPO Copyright Treaty (WCT). Most of the amendments to implement the treaty provisions went into effect in November 2012 when The Copyright Modernization Act was proclaimed into force. Some of the provisions pertaining to the WPPT including the making available right for sound recordings will only come into effect when the treaty ratification process is final. This will occur on August 13, 2014, 90 days after the deposit of the WPPT instruments of ratification with WIPO.
Posts Tagged ‘wct’
The following are my opening remarks to the Senate Committee studying Bill C-11 earlier today. The link to the webcast can be found here.
I would like to thank the committee for inviting me to appear today to provide input on Bill C-11.
Before starting my remarks, I would like to give you some background about myself.
- I am a senior partner with the law firm McCarthy Tétrault.
- I am an adjunct professor at Osgoode Hall Law School where I teach IP law.
- I am the author of 5 books including the leading 6 volume treatise on Computer, Internet and E-Commerce Law.
There has been considerable debate about the appropriate scope for legal protection of TPMs under Bill C-32. I dealt with this issue in a speech I gave today at the Insight Conference: RIGHTS and COPYRIGHT, Bringing Canada into the 21st Century.
The questions I discussed were the following:
- Does Bill C-32 properly implement the WIPO Treaties consistent with approaches used by Canada’s trading partners?
- Does Bill C-32 permit circumvention of TPMs to permit copying for fair dealing, educational and other purposes?
- Does Bill C-32 have a flexible framework to permit new exceptions to be made by regulation?
Heritage Minister Moore gave a speech yesterday at a meeting of the The International Chamber of Commerce (ICC). His focus was on Bill c-32, the Copyright Modernization Act. He made a number of important remarks about the goals behind the Bill. He also used the occasion to comment on some of the Bill’s main critics Here are some highlights of his speech.
Minister Moore stressed the contribution that the copyright industries make to Canada’s economy noting that they “cannot be underestimated, both in terms of stimulating investment and creating jobs”.
It was at a copyright seminar abroad that I learned about the publication of Bill C-32 by which the Canadian government intends to adapt the copyright legislation to the digital on-line environment. By the time I arrived home, some of my European colleagues, with whom we usually exchange information, had sent me the links to various blog posts that were trying to offer a first assessment of the new Bill. Some of them contained objective analysis pointing out both the commendable elements of the draft provisions and those where further improvements were found desirable, while others seemed to reflect continued opposition to the government’s intention to modernize the copyright norms the way required by the international treaties and the emerging international standards.
Only once more – and then Marry Christmas and Happy New Year to everybody, including Professor Geist and his devoted followers: the 1996 WIPO Diplomatic Conference, the WIPO Treaties and the balance of interestsDecember 23rd, 2009
Christmas is two days away; I have to concentrate on my eight grandchildren. I am really not in the mood to deal with copyright, and I do not want to read books, articles and blogs about it this year anymore. However, a colleague of mine in Germany (he may not have been in full Christmas mood yet like me) sent me an e-mail asking me to correct somebody’s allegations which he has found obviously untrue (in fact he has used certain adjectives to describe his opinion about those allegations, which, however, I – sticking on the spirit of what is called, at least in my country, the holiday of love – definitely do not want to quote). So, I have visited the source indicated by him, and yes, I have found Professor Geist’s friendly comments about my post politely remarking that I might be wrong about the interpretation of the 1996 WIPO Treaties concerning the coverage of the anti-circumvention provisions. To prove this, he quotes Professor Pamela Samuelson who, on the basis of what happened – at least according to her – at the Diplomatic Conference, states that the Treaties do not obligate Contracting Parties to extend protection against circumvention devices.
Earlier this week, Dr. Ficsor posted a blog inviting Canada to join the international community by ratifying the WIPO Internet Treaties. Dr. Ficsor is an internationally revered copyright scholar and professor and the former Assistant Director General of WIPO. As his posting pointed out, he was also responsible for organizing the preparatory work of the two Treaties, for the 1996 Diplomatic Conference adopting them, and for the first efforts to achieve their adequate implementation, There is no one on the planet who knows more about the treaties or what was intended by them than him.