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Canada after the changes to the copyright legislation in 2012

Submitted by jboyd on Tue, 12/01/2015 - 09:34

In 2012, Canada made major changes to its copyright legislation. The IFRRO Secretariat has prepare a Memorandum on the situation in Canada after the changes, based on publicly available information and a legal analysis presented to the IFRRO Board by former General Counsel Anita Huss-Ekerhult. The main findings in the Memorandum are:

  • The results of the changes to the Canadian Copyright Act in 2012 clearly demonstrate the need for collective rights management to be a part of a healthy copyright framework. Access to educational material through agreements with Reproduction Rights Organisations (RROs), such as Access Copyright and COPIBEC, and rightholders, is what best meets dynamic user needs to legally access high quality teaching material in constantly changing environments. There will be no winners if the changes to the copyright legislation lead to the standing down of the Canadian RROs;
  • We hold that the changes to the Canadian Copyright Act in 2012 had consequences that were neither anticipated, nor intended. Rightholders were correct to anticipate that the changes to the fair dealing provisions in the Canadian Copyright Law would jeopardise rightholders’ existing and future revenue streams and the local Canadian text-publishing sector;
  • Canada’s new fair dealing for “education” provision, together with the implementing legal and policy framework, seems to depart from the internationally recognised norms, may well breach Canada’s international commitments, and exposes Canada to complaints from rightholders in and outside Canada.

Click here for full Memorandum.