Canadian Copyright
Reform in Context
michael geist
canada research chair in internet and e-commerce law
university of ottawa, faculty of law

Context
Content

Context
Six Points

i.
The Importance of
Copyright

No
[innovation/investment/
creativity/new business
models]
without copyright reform

Innovation/Investment

Venture Capital
Tax
Government Funding (C-10)
Talent
Communications Networks

Creativity

Business Models

music

music

music

music

music

music

music

ii.
Consultations and
Reforms

Lengthy consultation,
Limited action

Limited consultation,
Considerable action

Last consultation:
2001

10% of Canadians were
not even born

1987 - Phase One - first round of reform with new
rights (moral rights, secondary infringement)
1992 - Treaty Reform - rental rights
1997 - Phase Two - private copying, statutory
damages
2002 - Internet retransmission
2007 - Anti-camcording legislation

iii.
Canada in the World

“antiquated, outdated,
weak, ineffective…”

USTR special 301

“In regard to the watch list, Canada does
not recognize the 301 watch list process.
It basically lacks reliable and objective
analysis. It's driven entirely by U.S.
industry. We have repeatedly raised this
issue of the lack of objective analysis in
the 301 watch list process with our U.S.
counterparts.”
- Department of Foreign Affairs, 2007

4.4 billion people

13 of the top 20
countries by GDP

World Economic Forum -
2008 IP Rankings
1. Germany
2. UK
3. France
4. Canada
5. Japan
6. United States
7. Italy
8. Russia

Global IP Index 2008
1. US
2. UK
3. Germany
4. Canada
5. France
6. Japan
7. Italy
8. Russia

compliant with its treaty
obligations

Many areas where
Canadian law is stronger
than the U.S.

Broadcast royalties
Performance royalties
Neighbouring Rights
Film Exhibition Fees
Private Copying
Education Fees
Moral Rights
Creator Employment Rights
Fewer Compulsory Licenses
More Copyright Collectives
Copyright Board of Canada
No Parody
No Time Shifting
Crown Copyright

iv.
Copyright in the World

“dmca or bust”

“our Clinton administration
policies didn't work out very
well”
- Bruce Lehman, 2007

great flexibility

Reject WIPO Internet Treaties
Reject Anti-Circumvention
Flexibly Implement
Balance Reforms

v.
Copyright vs.
Counterfeiting

Proceeds of Crime
Trademark Provisions
Border powers
Mislabeling products

vi.
Copyright Voices

“Excessive control by holders of copyrights
and other forms of intellectual property may
unduly limit the ability of the public domain to
incorporate and embellish creative
innovation in the long-term interests of
society as a whole, or create practical
obstacles to proper utilization.”
- Theberge, 2002

Content
Nine Points

do no harm to user rights

link anti-circumvention to
copyright infringement

no ban on devices

flexible fair dealing

notice and notice

modernize backup
provision

rationalize statutory
damages

making available =
distribution

crown copyright

canadaʼs choice

choose wisely