C-61 - C-32 Comparison (With Annotations) English

C-61 C-32Comments

Second Session, Thirty-ninthParliament,

56-57 Elizabeth II, 2007-2008

HOUSE OF COMMONS OFCANADA

Third Session, Fortieth Parliament,

59 Elizabeth II, 2010

HOUSE OF COMMONS OFCANADA

BILL C-61

BILL C-32

An Act to amend the CopyrightAct

FIRST READING, JUNE 12, 2008

FIRST READING, JUNE 2, 2010

THE MINISTER OFINDUSTRY

MINISTER OF INDUSTRY

SUMMARY

This enactment amends the

CopyrightAct

in order to

This enactment amends the

CopyrightAct

to

(a) update the rights and protections of copyright owners to better address

the Internet, in line with internationalstandards;

(a) update the rights and protections of copyright owners to better address

thechallenges and opportunities of theInternet, so as to be in line withinternational standards;

(b) clarify the liability of Internet service providers;

(b) clarify Internet service providers’liability and make the enabling of on-linecopyright infringement itself aninfringement of copyright;

(c) permit certain uses for educationaland research purposes of Internet and

other digital technologies to facilitatetechnology-enhanced learning, inter-

library loans, the delivery of educationalmaterial and access to publicly

available material on the Internet;

(c) permit businesses, educators andlibraries to make greater use of copyrightmaterial in digital form;(d) allow educators and students to makegreater use of copyright material;

(d) permit certain uses of copyrightmaterial for private purposes; and

(e) permit certain uses of copyrightmaterial by consumers;

(e) amend provisions of the Act relatingto photographs to give

photographers thesame rights as other creators.

(f) give photographers the same rights asother creators;

(g) ensure that it remains technologicallyneutral; and

(h) mandate its review by Parliamentevery five years.

Also available on the Parliament of Canada Web Site at the followingaddress:

http://www.parl.gc.ca

Also available on the Parliament of Canada Web Site at the followingaddress:

http://www.parl.gc.ca

PreamblePreamble

2nd Session, 39th Parliament,

56-57 Elizabeth II, 2007-2008

HOUSE OF COMMONS OF3rd Session, 40th Parliament,

59 Elizabeth II, 2010

HOUSE OF COMMONS OF

CANADA

BILL C-61

BILL C-32

An Act to amend the CopyrightAct

An Act to amend the CopyrightActWhereas the

Copyright Act

is animportant

marketplaceframework law and cultural policy

instrument that, throughclear, predictable and

fair rules,supports creativity andinnovation and

affects manysectors of the knowledgeeconomy;

Whereas the Copyright Act is animportant

marketplaceframework law and cultural policy

instrument that, throughclear, predictable and

fair rules,supports creativity andinnovation

and affects manysectors of the knowledgeeconomy;

Whereas advancements in andconvergence

of the informationand communicationstechnologies that link communities around the world present opportunities andchallenges that are

global inscope for the creation and use of copyright works or other subject-matter;

Whereas advancements in andconvergence

of the informationand communicationstechnologies that link communities around the

world present opportunities andchallenges that

are global inscope for the creation and use of copyright works or other subject-matter;

Whereas in the current digitalera copyright

protection isenhanced when countries adopt

coordinated approaches, basedon internationally recognizednorms;

Whereas in the current digitalera copyright

protection isenhanced when countries adoptcoordinated approaches, basedon internationally recognizednorms;

Whereas such norms arereflected in the

World Intellectual PropertyOrganization Copyright Treatyand the World IntellectualProperty

OrganizationPerformances and PhonogramsTreaty, adopted in Geneva in1996;

Whereas those norms arereflected in the

World Intellectual PropertyOrganization

Copyright Treaty and the WorldIntellectual

PropertyOrganization Performances andPhonograms Treaty, adopted inGeneva in

1996;

Whereas such norms are notwholly reflected

in theCopyright Act;

Whereas those norms are notwholly reflected in theCopyright Act;

Whereas the exclusive rights inthe

Copyright

Act

provide rightsholders with recognition,remuneration and the ability toassert their

rights, and somelimitations on these rights existWhereas the exclusive rights inthe Copyright Act provide rightsholders with recognition,remuneration and the ability toassert their

rights, and somelimitations on those rights exist

to further enhance users’

accessto copyright

works or other subject-matter;

to further enhance users’ accessto copyright

works or other subject-matter;

Whereas the Government of Canada is

committed toenhancing the protection of copyright works or other subject-matter, includingthrough the recognition of technological

measures, in a manner that promotes culture and

innovation,competition and investment inthe

Canadian economy;

Whereas the Government of Canada is committed toenhancing the protection of copyright

works or other subject-matter, includingthrough the recognition of technological protectionmeasures, in a manner that promotes culture and innovation,competition and investment inthe Canadian economy;And whereas Canada’s ability to participate

in a knowledgeeconomy driven by innovation

and network connectivity isfostered by encouraging the useof digital technologies for research and education;

And whereas Canada’s ability to participate

in a knowledgeeconomy driven by innovationand network connectivity isfostered by encouraging the useof digital technologies for research and education;

Now, therefore, Her Majesty, byand with the

advice and consentof the Senate and House of Commons of Canada, enacts asfollows:

Now, therefore, Her Majesty, byand with the

advice and consentof the Senate and House of Commons of Canada, enacts asfollows:

SHORT TITLE

Short title

1. This Act may be cited as theCopyright

Modernization Act.

R.S., c. C-42

COPYRIGHT ACT

R.S., c. C-42

COPYRIGHT ACT