1 The New Copyright Act Partially
Enters into Force
By Claude Brunet and
3 Target Not a Successor
Company, B. C. Board Rules
By Richard J. Charney and
Madeleine L.S. Loewenberg
6 Canadian Case Law Round-up
By Carolyn Boyle
ACC Alberta Hosts “A View From the Top” Event
a special supplement to ACC Docket
sponsored by Norton Rose Canada LLP
The New Copyright Act Partially
Enters into Force
By Claude Brunet ( email@example.com) and Madeleine Lamothe-Samson
( firstname.lastname@example.org), Norton Rose Canada
Following an Order of the Governor in
Council dated Oct. 25, many provisions of the new Copyright Act (the
Copyright Modernization Act) entered
into force on Nov. 7.
However, the provisions related to
the new “Notice-and-Notice” procedure and corresponding duties for
internet service providers will come
into force at a later date.
The provisions implementing
Canada’s obligations under the WIPO
Copyright Treaty (WCT) and the
WIPO Performances and Phonograms
Treaty (WPPT) will also come into
force at a later date, or at the time an
Instrument of Ratification is deposited with WIPO by Canada.
Amongst the changes coming into
force on Nov. 7, the following are of
•;Introduction of “making available”
and “distribution” rights.
•;Harmonization of the regime for the
protection of photographs with the
general copyright regime in terms of
first ownership and duration.
•;New moral rights for performers of
live aural performance or perfor-
mances fixed in sound recordings.
•;Addition of a new form of secondary infringement (i.e., that
of providing electronic services primarily for the purpose
of enabling acts of infringement
if the infringement occurs).
•;New violations, offences, rem-edies and tools with regard to
the circumvention of technological protection measures.
SAVE THE DATE
March 2013 Canadian Briefings
Drafts due by Feb. 14th