The new amendment to the Copyright Act is now in its second reading at the House of Commons. Although not the final version, the current version of the Bill C-61 provides some insights as to the government’s new copyright policies:

Major Changes:

-special treatment to photography regarding ownership of the negative is repealed.

-enhanced performer’s right to 50 years after the performance.

- performer’s moral rights, which is new.

-potentially prolonged copyright in sound recording (50 years after fixation or 50 years after publication given the work is published before the expiration of the copyright).

-non-infringement for certain reproduction to another medium for private use.

-non-infringement to record broadcast programs for certain use.

-lessons, examinations, or tests are now copyright-protected.

-ISPs are now off the hook for users uploading illegal copies online.

-statutory damage of $500.00 for infringement done for private purposes.

*How It May Affect You:

-Publication of unauthorized recording of a performance is now clearly an infringement, (e.g. uploading unauthorized recording of a concert) and the performers are entitled to compensation.

-It is now OK to copy songs from a CD to your iPod or other media, digital or otherwise, for your own use provided you obtained the original legally, and you do not give the file away.

-TiVo and other PVR devices are now legal for private use.

-Renting or selling old exams and tests are now infringements.

-Damages for downloading illegal materials for private use is now capped at 500.00.

*For educational purposes only; NOT LEGAL ADVICE.