History2
Aug 11, 2015
The following article summarizes a history of copyright legislation in Canada from 1924 until the present day. You will also find a list of all the important Canadian case law on Copyright Law.
The following article summarizes a history of copyright legislation in Canada.
Copyright legislation provides a mechanism to ensure creators are compensated for use of their work in the marketplace and acknowledge the right of a copyright owner to control the use of their work.
Copyright legislation provides a mechanism to ensure creators are compensated for use of their work in the marketplace and acknowledge the right of a copyright owner to control the use of their work.
Originally, case law has held that the object and purpose of the Copyright Act is to benefit authors. It is now designed to protect creators but also promote access to copyright protected works.
Originally, case law has held that the object and purpose of the Copyright Act is to benefit authors. It is now designed to protect creators but also promote access to copyright protected works.
Our current Act is based on the British Act of 1911. It was enacted in Canada in 1924, effective January 1, 1924. See full text of the Act here. When this Act came into force, Canada adopted life+50 as the basic copyright term.
Our current Act is based on the British Act of 1911. It was enacted in Canada in 1924, effective January 1, 1924.
April 10, 1928 - The Berne Convention for the Protection of Literary and Artistic Works comes into force in Canada.
The principal amendments occurred in 1988 and 1997 known as "Phase One" and "Phase Two" (Bill C 32) respectively.
The principal amendments occurred in 1988 and 1997 known as "Phase One" and "Phase Two" (Bill C 32) respectively.
The Act received it's first major amendment in 1988 (Bill C-60) during "Phase One" Copyright Reform which established the following Amendments:
The Act received it's first major amendment in 1988 during "Phase One" Copyright Reform which established the following Amendments:
moral rights
moral rights
three dimensional reproduction
three dimensional reproduction
computer programs
computer programs
anti-piracy remedies
relationship of copyright and industrial design legislation
protection of choreographic works
right to exhibit artistic works in public
an exhibition right for artistic works
an exhibition right for artistic works
explicit protection of computer programs
explicit protection of computer programs
enhanced moral rights
enhanced moral rights
the creation and formation of a new Copyright Board
the creation and formation of a new Copyright Board
established use of copyright collectives
established use of copyright collectives
increased criminal sanctions
increased criminal sanctions
measure to improve the collective administration of copyright
measure to improve the collective administration of copyright
the abolition of compulsory licenses for the recording of musical works (a copyright owner could charge a royalty if someone wanted to use their work); and
the abolition of compulsory licenses for the recording of musical works (a copyright owner could charge a royalty if someone wanted to use their work); and
a new procedure to provide licenses for situations where the copyright owner cannot be located
a new procedure to provide licenses for situations where the copyright owner cannot be located
January 1989 - amendments to the Copyright Act were passed after the signing of the Canada-U.S. Free Trade Agreement. The Amendments now required Canadian cable and satellite companies to pay for the retransmission of work including distant broadcast signals. The definition of "communication to the public" was expanded from broadcasting to include all forms of telecommunication.
January 1989 - amendments to the Copyright Act were passed after the signing of the Canada-U.S. Free Trade Agreement. The Amendments now required Canadian cable and satellite companies to pay for the retransmission of work including distant broadcast signals. The definition of "communication to the public" was expanded from broadcasting to include all forms of telecommunication.
Bill C-88 passed in 1993 which redefined "musical work" as covering both graphic and acoustic representations of music. Retransmission right of musical works also added. Amendment to ensure that broadcasters, specialty, pay service or cable system transmitters were liable for royalties.
Bill C-88 passed in 1993 which redefined "musical work" as covering both graphic and acoustic representations of music and to ensure that broadcasters, specialty, pay service or cable system transmitters were liable for royalties.
January 1, 1994 - After the North American Free Trade Implementation Act (NAFTA) came into force on January 1, 1994, the Copyright Act was amended to include:
January 1, 1994 - Copyright Act amended to include a rental right (which permits a copyright owner to permit or prohibit the rental of their works) for sound recordings and computer programs. It also increased the protection for importing infringing works whether literary, musical or dramatic.
a rental right (which permits a copyright owner to permit or prohibit the rental of their works) for sound recordings and computer programs.
It also increased the protection for importing infringing works whether literary, musical or dramatic.
Introduced retransmission right and compensation for retransmission right
January 1, 1996 - WIPO Treaties - Amendments in the World Trade Organization Agreement Implementation Act extended copyright protected under the Copyright Act to all World Trade Organization (WTO) countries. Performers received protection against unauthorized audio recordings and live transmissions of their performance.
January 1, 1996 - Amendments in the World Trade Organization Agreement Implementation Act extended copyright protected under the Copyright Act to all World Trade Organization (WTO) countries. Performers received protection against unauthorized audio recordings and live transmissions of their performance.
The World Intellectual Property Organization (WIPO) Diplomatic Conference on Certain Copyright and Neighbouring Rights Questions adopted two treaties, namely the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty on December 20, 1996 in Geneva.
These Treaties address the issue of copyright protection in the new digital environment which were signed by the Government of Canada in December 1997. Therefore, Canada needed to amend the Copyright Act in order to comply.
"Phase Two" brought on the second wave of amendments which were implemented in Bill C-32. Bill C-32 was assented to on April 25, 1997 and introduced provisions relating to:
new remedies of statutory damages
new library and other limited exceptions
neighbouring rights protection for performers and producers of sound recordings
the private copying regime.
Allowed ratification of Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations.
"Phase Two" brought on the second wave of amendments which were implemented in Bill C-32. Bill C-32 was assented to on April 25, 1997 and introduced provisions relating to new remedies of statutory damages, new library and other limited exceptions, neighbouring rights protection for performers and producers of sound recordings and the private copying regime.
Also added Private Copying regime which created the Canadian Private Copying Collective (CPCC)
See Parliament: C-32: An Act to amend the Copyright Act
1997 - Tele-Direct (Publications) Inc. v. American Business Information, Inc. (C.A.), 1997 CanLII 6378 (F.C.A) - clarified database copyright in Canada and that copyright subsists in the original work and not the compilation of data unless it qualifies as an "original intellectual creation".
"Phase Three" addressed issues raised by new technologies and the new communications environment including the Information Highway.
June 2001 - A Framework for Copyright Reform
Government
A Framework for Copyright Reform
Consultation Paper on Digital Copyright Issues
Summary of Written Stakeholder Submissions
Citizens
Response from Canadians (700 documents)
Matthew Skala's multiple submission
March/April 2002 - Cross-Canada consultation meetings on Digital Copyright Issues
March 28, 2002 - Theberge v. Galerie d'Art du Petit Champlain inc., 2002 SCC 34
concerning the competition interest of the copyright owner and owner of the physical property for which copyright attaches
October 3, 2002: Supporting Culture and Innovation: report on the Provisions and Operation of the Copyright Act (Section 92 Report)
Government
Supporting Culture and Innovation: Report on the Provisions and Operation of the Copyright act which discusses the governments recommendations on copyright reform to protect copyright but also provide access to and use of works... See also the summary here.
Copyright and the Educational Use of Internet Content (Dec 8, 2003 working group report)
Citizens
NGO
"Retransmission Regime" - Legislation (Bill C-11) amending Canada's retransmission regime for over-the-air broadcast signals was introduced in December 2001. It received royal assent in 2002.
"Retransmission Regime" - Legislation (Bill C-11) amending Canada's retransmission regime for over-the-air broadcast signals was introduced in December 2001. It received royal assent in 2002.
Retransmitters that were subject to the CRTC "New Media Exemption Order" were excluded from a compulsory licence.
Retransmitters that were subject to the CRTC "New Media Exemption Order" were excluded from a compulsory licence.
The Federal Government was provided with regulation making powers to impose conditions of service on such retransmitters so they may no longer be subject to the exemption order in the future.
The Federal Government was provided with regulation making powers to impose conditions of service on such retransmitters so they may no longer be subject to the exemption order in the future.
"Bill C-36" - An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence. It dies on the order paper on Nov 28, 2005.
copyright amendments were dropped due to Dec 2003 deadline for unpublished posthumous works entering into the public domain. Bill didn't pass Senate by end of 2003 and passed as Bill C-8.
"Bill C-59" passed June 2007 - amended the Criminal Code to address illegal recording of films in movie theatres and making it an offence to record a film in a movie theatre without consent of the theatre owner. The penalties are fine or jail.
March 4, 2004 - CCH Canada Ltd. v. Law Society of Upper Canada 2004 SCC 13
copying published works, fair dealing and defences
case initiated when I worked as legal counsel at Access Copyright
"Bill C-60" and "Bill C-61" were tables on June 2005 but died on the order paper after dissolution of Parliament.
March 25, 2004 - Government Status Report on Copyright Reform
March 31, 2004 - BMG Canada Inc. and others v. Doe and others
legality of Internet file sharing
May 12 2004 - Interim Report on Copyright Reform: Report of the Standing Committee on Canadian Heritage (presented to the House on May 12, 2004)
Summary of Report by Russell McOrmond
June 30, 2004 - Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Providers 2004 SCC 45
ISPs as common carriers
Status of caches
May 19, 2005 - Appears of BMG Canada Inc. and others v. Doe and others 2005 FCA 193
legality of Internet file sharing
June 20, 2005 - Minister of Canadian Heritage tables Bill C-60: An Act to Amend the Copyright Act
See KillBillC60.ca, In the Public Internet: The Future of Canadian Copyright Law and Russell McOrmond's one page summary of Canadian copyright reform
October 12, 2006 - Robertson v. Thomson Corp., 2006 SCC 43
July 26, 2007 - Euro-Excellence Inc. v. Kraft Canada Inc., 2007 SCC 37
Howard Knop's insights
"Bill C-59" passed June 2007 - amended the Criminal Code to address illegal recording of films in movie theatres and making it an offence to record a film in a movie theatre without consent of the theatre owner. The penalties are fine or jail.
See Russell McOrmond's post on this and use of camcorders here.
"Bill C-60" and "Bill C-61" were tabled on June 2005 but died on the order paper after dissolution of Parliament.
April 24, 2009 - Bill C-27 tabled and dies on order paper on December 30, 2009
July 20, 2009 to September 13, 2009 - Public consultations on copyright
Read Richard C. Owens report: Noises Heard: Canada's recent Online Copyright Consultation Process
Read Michael's Geist article, "The 2009 Copyright Consultation: Setting the Record Straight".
Copyright and You, Test of Time, Innovation and Creativity, Competition and Investment, Digital Economy
March 16, 2010 - Charlie Angus tables C-499 to extend existing private copying regime for recorded music to "audio recording devices".
May 14, 2010 - Society of Composers, Authors and Music Publishers of Canada c. Bell Canada, 2010 CAF 123
looked at question of fair dealing and whether the Copyright Board was right in permitting a website selling digital music files to offer a 30 second clip for free to consumers (fair dealing for research purposes)? SOCAN challenged the Copyright Board and went to federal court to review the decision.
May 25, 2010 Ministry of Industry tables Bill C-28 The Anti-Spam Bill (new name from old Bill C-27 which was called the Electronic Commerce Protection Act).
See Michael Geist's blog post here where he says it's the same bill new name.
"Bill C-32" introduced June 2, 2010 - introduced by the Government of Canada to introduce legislation to modernize the Copyright Act and bring it in line with international standards. Information on the new provisions can be found on the copyright modernization website. Prior to this, the government launched national consultations on July 20, 2009 to get the public's view of proposed reforms to the Copyright Act after Bill C-61. Bill C-32 dies on the order paper when the 41st General Election is called.
"Bill C-32" introduced June 2, 2010 - introduced by the Government of Canada to introduce legislation to modernize the Copyright Act and bring it in line with international standards. Information on the new provisions can be found on the copyright modernization website. Prior to this, the government launched national consultations on July 20, 2009 to get the public's view of proposed reforms to the Copyright Act after Bill C-61.
September 29, 2011 - Ministry of Industry tables Bill C-11 (same bill previously Bill C-32).
See Russell McOrmond's post on this here.
June 29, 2012 - Bill C-11 receives Royal Assent
July 12, 2012 - Supreme Court of Canada Decision
Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34
Rogers Communications Inc. v. Society of Composers, Authors and Music Publishers of Canada 2012 SCC 35
Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37
Re:Sound v. Motion Picture Theatre Associations of Canada, 2012 SCC 38
(by Vandana Taxali/Copyright Entcounsel 2015) (by Vandana Taxali/Copyright Entcounsel 2015)
