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


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.


Published In: Administrative Agency Updates, Art, Entertainment & Sports Updates, Communications & Media Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Aird & Berlis | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »