Parts of Bill C-11 Come Into Force - "Fair Dealing" Now Includes Parody and Satire

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With the publication in the Canada Gazette on November 7, 2012 of SI/2012-85, much of The Copyright Modernization Act (Bill C-11) has come into force. As of today's date, the following sections of the Act are now in force:

1 - short title

2(2) - definitions

3 - addition of "making available" right

4 - addition of "first sale" right

6 - repeal of Section 10 (special treatment of photographs - term)

7 - repeal of Section 13(2) (special treatment of photographs - ownership)

8, 9(1) and 9(2) - modification of rights in performer's performances

10 - extension of moral rights to performer's performances

11(1) and 11(3) - addition of "making available" right and "first sale" to rights of owner's of sound recordings

12(1) and (3) - modification of equitable remuneration provisions

13 - deeming provision regarding telecommunication to the public of a sound recording and publication

15(1), (3) and (5) - modifications to equitable remuneration provisions

17 - modification of term of rights in performer's performances

18-20 - expansion of infringement definitions

21 - expansion of fair dealing to include parody, satire and education

22 - new exceptions to infringement: user-generated content, private purposes reproduction, time-shifting, back-up copies

23-30 - modification of educational institution and libraries, archives and museums provisions

31 - new exceptions to infringement re computer programs (back-up, interoperability, encryption research, security, etc.)

32 - exception to infringement for temporary reproductions for technological purposes

33-34 - revision of "ephemeral recordings" provisions

35 - exception to infringement for "network services"

36-37 - modification of perceptual disabilities provision

38 - exception to infringement for personal use of commissioned photos and paintings

39-41 - technical amendments re preservation of rights

42-46 and 49 - modifications to civil remedies provisions, including modification of statutory damages provisions

47-48 (excluding what will be new sections 41.25 and 41.26 (i.e., the "notice and notice" mechanism) and subsection 41.27(3) of the Copyright Act) - technological protection measures/rights management information

51-62 - consequential amendments (including five-year review mechanism)

Sections not listed above are not yet in force. For our assessment of the important changes for entertainment lawyers contained in the above-noted sections, see our post Crank It to 11: Bill C-11 Receives Royal Assent - What Changes for Entertainment Lawyers.