The SAC Proposal for the Monetization of the File Sharing of Music in Canada: Does it Comply with Canada’s International Treaty Obligations Related To Copyright?The SAC Proposal for the Monetization of the File Sharing of Music in Canada: Does it Comply with Canada’s International Treaty Obligations Related To Copyright?



In November 2007, the Songwriters Association of Canada (SAC) released a proposal for the monetization of the file sharing of music in Canada.  This article attempts to determine whether or not Canada, given its international and bilateral treaty agreements, could ever adopt the SAC‘s proposal.  The article approaches this analysis through the ― three-step test, which was adopted under the Berne Convention in 1971 and enshrined in the subsequent TRIPS Agreement and NAFTA; the article also analyzes whether or not the Proposal is compatible with Canada‘s obligations under the Rome Convention.  

Proposed Canadian Copyright Reform — Bill C-61Proposed Canadian Copyright Reform — Bill C-61



After much anticipation, the federal government released Bill C-61, An Act to Amend the Copyright Act. If passed, the Bill will (i) amend the Copyright Act in order to implement the World Intellectual Property Organization Copyright Treaty (WCT) and Performances and Phonograms Treaty (WPPT), (ii) create exceptions for certain uses of copyright material for private purposes, (iii) create exceptions for Internet service providers (ISPs), and (iv) permit certain uses for educational and research purposes of Internet and other digital technologies.…