Digital Copyright Reform in Canada

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Copyright Reform Timeline

Despite the recent groundswell of discussion over the new copyright bill, copyright reform has in fact been an ongoing project and is better thought of as a work in progress.

The following is a basic guide to the history of the Copyright Act and its various amendments (see a more detailed history of copyright amendments at the Canadian Heritage website). Digital-Copyright.ca also has its own copyright reform chronology here.

1924 - The Canadian Copyright Act comes into force.

1928 - Berne Convention for the Protection of Literary and Artistic Works comes into force. Under the Berne Convention, copyright subsisted once a work was fixed in some tangible form, doing away with requirements for registration. More importantly, the Berne Convention harmonized international copyright laws by creating strong minimum standards and fixed minimum copyright terms, and requiring signatories to provide equal recognition of copyrighted works from other member states.

1988 - Bill C-60 includes "modernizing" amendments to the original 1924 Act, include an exhibition right for artistic works, protection of computer programs, enhanced moral rights, creation of a new Copyright Board, increased criminal sanctions, measures to improve the collective administration of copyright, abolition of compulsory licences for the recording of musical works

1989 - Following the signing of the Canada-U.S. Free Trade Agreement, the Copyright Act is amended to require cable and satellite companies to pay for the retransmission of works, and the concept of "communication to the public" is expanded to include all forms of telecommunication

1993 - Bill C-88 is passed, which redefines a "musical work" to include both graphic and acoustic representations of music, and imposes liability for royalties onto all transmitters (broadcasters, specialty services, cable).

1994 - The North American Free Trade Agreement (NAFTA) comes into force; the Copyright Act is amended to provide copyright holders with a rental right for sound recordings and computer programs, and enhanced protection against importation of pirated works

1996 - Copyright protection is extended by way of the World Trade Organization (WTO) Agreement Implementation Act to all WTO countries, and performers get protection against bootleg audio recordings and unauthorized transmissions of performances.

1996 - The WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) (also known as the "WIPO Internet Treaties") are adopted, which specifically address key digital copyright issues. Canada becomes a signatory in 1997.

1997 - Bill C-32 comes into force, which was concerned with protecting the rights of creators of both published and unpublished works, and with rewarding them when their works are utilized for profits. The Private Copying regime is created, the fair dealing defence is clarified and additional institutional exceptions to copyright enumerated (including allowances to make backup copies of computer software).

2001 - Federal government releases the 2001 Consultation Paper on Digital Copyright Issues, Consultation Paper on the Application of the Copyright Act's Compulsory Retransmission Licence to the Internet and the Framework for Copyright Reform; initiating a consultation process on the key issues identified in those reports and soliciting widespread submissions from Canadians, interest groups, and industry. More than 700 documents were submitted - an overview is available here.

2002 - Federal government releases Supporting Culture and Innovation: Report on the Provisions and Operation of the Copyright Act ("section 92 report") in compliance with provisions implemented in the 1997 amendments from Bill C-32, which require the government to review the Copyright Act and propose amendments where necessary. The report identified 40 issues for possible reform and divided them into short-, medium-, and long-term priorities. Parliament also fast-tracks Bill C-11, which disallowed Internet re-transmitters the same rights as cable and satellite re-transmitters regarding compulsory licenses for retransmission.

2004 - Minister of Industry and Minister of Canadian Heritage submit Status Report on Copyright Reform to the Standing Committee on Canadian Heritage, which led to a series of meetings to consider six key issues identified in the report (private copying, WIPO ratification, photographic works, Internet service provider (ISP) liability, use of Internet material for educational purposes, technology-enhanced learning, and interlibrary loans).
The Standing Committee on Canadian Heritage releases its findings in its Interim Report on Copyright Reform (also known as the "Bulte Report"), which recommended (among other things) that the Government of Canada ratify the WIPO treaties and amend the Copyright Act to grant photographers the same rights as authors; allow for an extended licensing regime for Internet materials used for educational purposes, and that measures be taken to improve the efficiency of licensing or delivering electronic material to library patrons for the purpose of research or private study.

June 2005 - Federal government (Liberal Party) tables Bill C-60, an Act to Amend the Copyright Act. The Bill included amendments addressing the WIPO Treaties (rights for performers and producers of sound recordings and making available rights), legal protection for digital rights management (DRM), ISP liability, and allowances for educational institutions and libraries for the digital reproduction of copyrighted materials. However, the bill never reached a second reading in the House of Commons due to the change in government and the ousting of the Liberal party.

December 2007 - Bill C-61 – An Act to Amend the Copyright Act, is put on the order paper to be tabled by Industry Minister Jim Prentice, but is delayed in response to a groundswell of public outcry due to the lack of consultation involved in the drafting of the bill. Bowing to public pressure from critics such as Michael Geist and grassroots movements such as Fair Copyright for Canada, Prentice delays the tabling of the bill until the summer.

June 2008 - Federal Government (Conservative Party) introduces Bill C-61, an Act to Amend the Copyright Act. The Act promises as "Made in Canada" solution with new exceptions for private use, new rights for performers, producers, and photographers, clarification of ISP liability, and anti-circumvention provisions. A second reading is anticipated in the Fall of 2008.