Appeared in the Toronto Star on March 22, 2010 as MP Shakes Up Copyright Landscape Charlie Angus, the NDP Member of Parliament and musician, has a reputation for speaking his mind. Last week, he did more than just speak out. Angus single-handedly shook up the Canadian copyright landscape by promoting […]
Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Copyright
NZ ACTA Meeting Agenda Leaks: Time for Crime, Not Much For Transparency
The draft agenda for the upcoming New Zealand ACTA meeting has leaked along with information on negotiating venue and other logistical details. The agenda commits a full day for each of border measures, Internet enforcement, criminal measures, and civil enforcement. The final day – the meeting is a record five […]
Knopf on the Opposition to Fair Dealing
Howard Knopf posts on the opposition to the Angus fair dealing motion, warning "make no mistake – these folks are trying to push back and to effectively undo the decision in CCH v. LSUC."
New ACTA Leaks: Criminal Enforcement, Institutional Issues, and International Cooperation
New ACTA leaks have emerged this week that fill in the blanks about the remainder of the still-secret treaty. While earlier leaks provided extensive detail on the Internet and civil enforcement chapters, these latest leaks shed new light into the criminal enforcement section, the chapter on ACTA institutional issues, and international cooperation.
Criminal Enforcement
As described by KEI, the European Union has proposed language to require criminal penalties for "inciting, aiding and abetting" certain offenses, including "at least in cases of willful trademark counterfeiting and copyright or related rights piracy on a commercial scale." Willful copyright infringement includes instances that "have no direct or indirect motivation of financial gain."
Institutional Arrangements
KEI reports that the Institutional Arrangement chapter – Chapter 5 of the ACTA text – is the second longest in the treaty. It includes the creation of an ACTA Oversight Committee that may have the power to amend the treaty itself. The leaked text reveals the following proposal:
Clement: Copyright Bill Before the Summer
The Wire Report reports that Industry Minister Tony Clement has confirmed that the government plans to introduce a new copyright bill before the summer recess. Clement also commented on ACTA, stating that it is his position that "whatever comes out of ACTA has to be compliant with our laws."
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