The Copyright Modernization Act Becomes Law
On June 29, 2012, the Copyright Modernization Act received Royal Assent and became law, amending the Copyright Act (the “Act”). The amendments will come into force on a day or days to be fixed by order of the Governor in Council (ie. the federal Canadian Cabinet). These amendments are the result of several attempts at copyright reform since Canada became a signatory in 1997 to the World Intellectual Property Organization (“WIPO”) Copyright Treaty and WIPO Performance and Phonograms Treaty (together, the “WIPO Internet Treaties”). The amendments address a wide variety of issues, such as time and format shifting, the expansion of fair dealing, the protection of technological protection measures (“TPMs”) such as “digital locks” and rights management information (“RMI”) in compliance with the WIPO Internet Treaties, the non-commercial use of copyright works, and the liability of Internet service providers (“ISPs”) and search engines for infringements.