The government today announced that there will be no additional regulations associated with the notice-and-notice rules that provide rights holders with the ability to have Internet providers forward notifications to subscribers alleging infringement. The government had delayed implementation of the rules amid a consultation on the issue. The notice-and-notice system does not require the ISP to disclose the subscriber’s personal information to the rights holder nor to takedown the content. The system, which other countries are now considering due to its effectiveness, is set to take effect on January 1, 2015.
Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Copyright
Canada Ratifies WIPO Internet Treaties
Canada has formally ratified the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The ratification was a key part of the copyright reform process, leading to contentious debate over the Canadian approach to providing legal protection for digital locks. The treaties will enter into force on August 13, […]
The Copyright Board of Canada Music Streaming Decision: The Good, the Bad, and the Ugly
The Copyright Board of Canada issued its long-awaited music streaming decision late last week, setting royalties to be paid by Internet music streaming services such as Pandora for non-interactive and semi-interactive streaming for the years 2009 to 2012. This covers passive Internet radio services and services that allow users to influence what they listen to. Given that Pandora left the Canadian market over high tariff rates, the outcome of the decision was destined to be a key determinant over whether many of the missing Internet music streaming services enter the Canadian market.
For fans of Pandora or similar services, the decision brings good news. The board largely rejected the arguments of Re:Sound, the collective responsible for the tariff and settled on rates close to what the Internet services were seeking. While the collective argued for rates similar to those found in the U.S., the Board ruled that the U.S. was not a suitable comparison.
Moreover, it rejected arguments that this form of music streaming cannibalizes music sales, concluding that exposure to music through non-interactive and semi-interactive streaming may increase sales:
Has Canada Caved on Copyright Term Extension in the TPP?
The Trans Pacific Partnership negotiations resume next week and while an agreement does not appear imminent, reports from Japan indicate that the copyright term issue may have been resolved. Japan and Canada are two of several TPP countries whose term of copyright protection is life of the author plus 50 years. According to the Japan News, those countries (which also include New Zealand, Malaysia, Vietnam, and Brunei) are prepared to cave to U.S. pressure to extend the term of copyright to life of the author plus 70 years:
Among the 12 countries, Japan, Canada and four other countries protect an author’s copyright for 50 years after their death, the United States and four other countries for 70 years and Mexico for 100 years. Following the agreement, Japan will extend its duration by 20 years.
Copyright Board Indicates It Will Not Include Mandatory Delete Rule in Tariff
The Copyright Board of Canada has issued an order in the tariff proceedings with Access Copyright that indicates its preliminary view is that it will not support the collective’s demand for a provision that would require deletion of digital copies made under a copying tariff where an institution stops relying […]
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