Post Tagged with: "c-11"

Why Liability Is Limited: A Primer on New Copyright Damages as File Sharing Lawsuits Head To Canada

Over the past couple of days, there have been multiple reports about the return of file sharing lawsuits to Canada, with fears that thousands of Canadians could be targeted. While it is possible that many will receive demand letters, it is important to note that recent changes to Canadian copyright law limit liability in non-commercial cases to a maximum of $5,000 for all infringement claims. In fact, it is likely that a court would award far less – perhaps as little as $100 – if the case went to court as even the government’s FAQ on the recent copyright reform bill provided assurances that Canadians “will not face disproportionate penalties for minor infringements of copyright by distinguishing between commercial and non-commercial infringement.”

Bill C-11, the recently enacted copyright reform bill, featured several very good provisions including an expansion of fair dealing, a user generated content provision, new consumer protections, and a balanced approach to Internet provider liability. One of the most important changes to the law, however, was the creation of a cap on potential damages for non-commercial infringement. As I highlighted during debates on the bill, Canada is among a minority of countries that have any statutory damages at all for copyright infringement as most developed countries require rights holders to prove actual damages.

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November 28, 2012 94 comments News

U.S. Republican Study Committee Releases Progressive Copyright Document Only To Withdraw Hours Later

The story of the weekend was the publication by the U.S. Republican Study Committee of a progressive report on copyright, only to withdraw the paper hours later (coverage from Techdirt (1, 2), Volokh Conspiracy, the American Conservative, Politico, CNET, and Macleans). The paper – which can still be found online […]

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November 20, 2012 4 comments News

What the New Copyright Law Means For You

More than a decade of debate over Canadian copyright reform came to a conclusion last week as Bill C-11, the fourth try at reform since 2005, formally took effect. While several elements of the bill still await further regulations, the biggest overhaul of Canadian copyright law in years is now largely complete.

My weekly technology law column (Toronto Star version, homepage version) notes the wholesale changes have left many Canadians wondering how the law will affect them, as they seek plain language about what they can do, what they can’t, and what consequences they could face should they run afoul of the law.

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November 13, 2012 29 comments Columns

What the New Copyright Law Means For You

Appeared in the Toronto Star on November 11, 2012 as What the New Copyright Law Means For You More than a decade of debate over Canadian copyright reform came to a conclusion last week as Bill C-11, the fourth try at reform since 2005, formally took effect. While several elements […]

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November 13, 2012 7 comments Columns Archive

Canadian Copyright Reform In Force: Expanded User Rights Now the Law

This morning, the majority of Bill C-11, the copyright reform bill, took effect, marking the most significant changes to Canadian copyright law in decades. While there are still some further changes to come (the Internet provider notice-and-notice rules await a consultation and their own regulations, various provisions related to the WIPO Internet treaties await formal ratification of those treaties), all the consumer oriented provisions are now active. These include:

  • The addition of education, parody, and satire as fair dealing purposes.
  • The creation of a non-commercial user generated content provision that creates a legal safe harbour for creators of non-commercial UGC (provided they meet four conditions in the law) and for sites that host such content. 
  • The adoption of several new consumer exceptions including time shifting (recording of television shows), format shifting, and the making of backup copies.
  • Changes to the statutory damages rules that distinguish between commercial and non-commercial infringement. The law now includes a cap of $5000 for all non-commercial infringement. The change reduces the likelihood of lawsuits against individuals for non-commercial activities and would apply to educational institutions engaged in non-commercial activity and significantly reduce their potential liability for infringement.
  • The inclusion of an exception for publicly available materials on the Internet for education. This covers the content found on millions of websites that can now be communicated and reproduced by educational institutions without the need for permission or compensation.
  • The adoption of a technology-neutral approach for the reproduction of materials for display purposes. The current law is limited to manual reproduction or on an overhead projector. The provision may be applicable in the online learning context and open the door to digitization activities.
  • The implementation of a distance learning provision, though use of the exception features significant restrictions that require the destruction of lessons at the conclusion of the course.
  • The inclusion of a restrictive digital inter-library loans provision that will allow for digital transmission of materials on an inter-library basis, increasing access to materials that have been acquired by university libraries.
  • A new exception for public performances in schools, which will reduce licensing costs for educational institutions.

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November 7, 2012 48 comments News