OTTAWA – Amendments to the Copyright Act, tabled in Parliament today, say in part that Internet service providers are not liable for copyright violating acts done over their networks on the Internet.
This is good news for cable ISPs, says the Canadian Cable Telecommunications Association.
"The cable industry is pleased that the Government of Canada recognizes that as intermediaries, ISPs have no control over the copyright material that passes over their networks," said Michael Hennessy, CCTA president. "The Internet is fundamental to business today and the Copyright Act needs to support and encourage technological advancements."
Minister of Canadian Heritage Liza Frulla and Minister of Industry David L. Emerson today announced the bill to amend the Copyright Act.
It enacts the amendments identified in the Government Statement on Proposals for Copyright Reform, originally tabled on March 24, 2005, and “fulfills the government’s commitment to address short-term copyright reform issues and to update the Copyright Act to meet the challenges and opportunities of the Internet,” says the government press release.
"Canada’s ability to foster an innovative economy depends on the creation, dissemination and commercialization of ideas. Innovators are rewarded, research is facilitated, and the use of technology is enhanced," said Minister Emerson. "I believe this bill will provide creators, intermediaries, and users of copyright material with the certainty and clarity that will allow them to take full advantage of the opportunities of the Internet."
"These amendments strengthen our creators and cultural industries against the unauthorized use of their works on the Internet. This legislation strikes a balance to serve both our artists and users,” said Minister Frulla.
The legislation is intended to implement the provisions of the 1996 World Intellectual Property Organization (WIPO) Treaties, clarify liability for Internet service providers, facilitate the use of new technologies for educational and research purposes, and harmonize the treatment of photographers with that of other creators.
Additional issues of concern in copyright law do remain, including the educational use of publicly available Internet material and private copying. The Government remains committed to opening consultations on these issues for additional public input and consideration as soon as possible.
As for practical changes or additions, if the bill is passed (and with a minority government, who knows if it’ll make it), ISPs will need to comply with the so-called "notice and notice" regime that requires the ISP to forward a copyright infringement notice to their subscriber when complaints are received from rights holders. However, ISPs have been voluntarily performing a similar notice function for several years.
ISPs will not be required to disclose a subscriber’s identity unless ordered by a Court to do so.
"The proposed legislation supports the cable industry and the government’s common goal to encourage Canada’s internet economy," added Hennessy in the CCTA’s release. "Alternative approaches, such as a ‘notice and takedown’ regime or mandatory copyright fees levied on ISPs and their subscribers would have been ineffective and would have resulted in higher costs for consumers."
For more, check out these links:
www.canadianheritage.gc.ca
http://strategis.ic.gc.ca/epic/internet/incrp-prda.nsf/en/h_rp01132e.html
http://strategis.ic.gc.ca/epic/internet/inippd-dppi.nsf/en/h_ip00002e.html
