OTTAWA – A Parliamentary committee endorses the federal government’s move to criminalize the unauthorized camcording of a movie in cinemas in its report released this week. The endorsement by the Standing Committee on Industry, Science and Technology in its Counterfeiting and Piracy are Theft report falls under the broader recommendation that criminal sanctions be added to combat counterfeiting and piracy.
The report recommends the federal government enact “clearly defining offences for commercial circumvention activities and making persons who distribute pirated digital works and who manufacture and/or distribute circumvention devices for commercial gain liable.”
Other suggestions include strengthening civil remedies for counterfeiting and piracy infringements, including the imposition of personal liability for directors of companies engaged in the activity; the introduction of monetary penalties for the importation and exportation of counterfeit and pirated goods, and increased damages and penalties under the Copyright Act.
The committee also wants to see more resources go toward enforcement. As well, the report suggests that border authorities be given the authority to target, detain, seize and destroy counterfeit and pirated goods; that the government formalize intelligence sharing between the Canada Border Services Agency and the RCMP; and that the RCMP/Department of Justice Copyright Enforcement Policy be amended to focus more on piracy and counterfeiting activities at the retail level.
“The committee was told, however, that some retailers are now involved in large-scale piracy activities,” reads the report. “For example, witnesses reported that whereas it once took sophisticated factories with multi-million dollar equipment to produce CDs and DVDs, today raids on suspected IP rights violators are finding equipment capable of pirating hundreds of CDs and DVDs per hour hidden in the backrooms and basements of retailers. While witnesses reported that most retailers, and especially those with a reputation for selling high-quality goods, want to assist in the fight against counterfeit and pirated goods, there are a handful of retailers that profit from the violation of IP rights.”
The report also encourages Canada to ratify the World Intellectual Property Organization (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty. Canada was placed on the United States Trade Representative’s “Special 301” watch list for the thirteenth consecutive year in 2007 because it has not ratified or implemented WIPO Internet Treaties and does not prohibit the unauthorized camcording of films in theaters.
The committee also wants better tracking of pirated and counterfeit goods in Canada. It recommends that Canada establish an annual reporting system to provide statistics on the efficacy of the Canadian intellectual property enforcement system. The reporting system would track such things as the number of open RCMP counterfeit and piracy investigations, the number of charges laid and criminal sentences obtained, the number of counterfeit and pirated shipments seized, the country of origin of the counterfeit and pirated goods, and the value of the goods seized.
The report was released following hearings on counterfeiting and piracy that began on April 25. The Standing Committee on Industry, Science and Technology held four meetings on the issue.
