This document discusses Canadian copyright reform and makes several key points: 1. Canada has undertaken periodic copyright reforms over the past 30 years through consultations and legislation, with the most recent major consultation occurring in 2001. 2. While U.S. reports have criticized Canada's copyright laws as weak, Canada is compliant with international treaties and scores well on global indices measuring intellectual property regulations. 3. Some areas of Canadian copyright law are stronger than U.S. law, such as certain royalty and fee requirements as well as broader fair use and moral rights protections. 4. The document argues against a U.S.-style approach and advocates for Canadian copyright reforms to maintain flexibility, balance rights holders and

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

2. Context
Content

3. Context
Six Points

4. i.
The Importance of
Copyright

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

6. Innovation/Investment

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

8. Creativity

14. Business Models

15. music

16. music

17. music

18. music

19. music

20. music

21. music

25. ii.
Consultations and
Reforms

26. Lengthy consultation,
Limited action

27. Limited consultation,
Considerable action

28. Last consultation:
2001

29. 10% of Canadians were
not even born

30. 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

31. iii.
Canada in the World

32. “antiquated, outdated,
weak, ineffective…”

33. USTR special 301

34. “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

35. 4.4 billion people

36. 13 of the top 20
countries by GDP

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

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

39. compliant with its treaty
obligations

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

41. 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

42. iv.
Copyright in the World

43. “dmca or bust”

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

47. great flexibility

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

49. v.
Copyright vs.
Counterfeiting

50. Proceeds of Crime
Trademark Provisions
Border powers
Mislabeling products

51. vi.
Copyright Voices

59. “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

60. Content
Nine Points

61. do no harm to user rights

62. link anti-circumvention to
copyright infringement

63. no ban on devices

64. flexible fair dealing

65. notice and notice

66. modernize backup
provision

67. rationalize statutory
damages

68. making available =
distribution

69. crown copyright

70. canadaʼs choice

71. choose wisely