Copyright Modernization Act soon to be law in Canada

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.

 

Print Friendly, PDF & Email

Leave a Reply

Your email address will not be published. Required fields are marked *

Alleged set-top box pirates lose Canadian Federal Court appealAlleged set-top box pirates lose Canadian Federal Court appeal



In a decision that should not surprise anyone, the distributors of set top boxes that were specifically adapted to enable purchasers to stream and download infringing copies of programs made available by Bell, Bell Expressvu, Rogers, and Videotron lost their appeal of an injunction granted this summer by Justice Tremblay-Lamer ...

Copyright Board grants interim relief to Access CopyrightCopyright Board grants interim relief to Access Copyright



In a decision released earlier today, the Copyright Board granted Access Copyright interim relief in relation to its Post-Secondary Educational Institutions Reprographic Reproduction (2011-2013) tariff.  The reasons for decision will be released later. The purpose of the relief was to achieve the following main objectives: –  to provide certainty to targeted ...

The year in review: developments in computer, internet and e-commerce law (2014-2015)The year in review: developments in computer, internet and e-commerce law (2014-2015)



I gave my annual presentation today to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covered the period from June 2014 to June 2015. The developments included cases from Canada, the U.S. the U.K. and other Commonwealth countries. The developments were ...

%d bloggers like this: