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Posted by on Nov 8, 2012 in Intellectual Property |

C-11: Canada goes into effect in the biggest overhaul in decades on copyright

C-11: Canada goes into effect in the biggest overhaul in decades on copyright

Canadians lived in yesterday the beginning of Bill C-11 , the copyright reform bill more important in recent decades. Entered into force a system that changes many of the laws relating to copyright, provisions aimed first consumer to become a reality.

According to the teacher account regarding Michael Geist, these would be the main changes and guidelines:

  • It includes education, parody and satire as related righteous purposes.
  • Creating a noncommercial content offer by the user who creates a legal safe harbor for creators and content sites hosting such content.
  • The adoption of several new consumer exceptions, including recordings of television programs, reformatting and performing backups.
  • Change in rules on damages and breaches that distinguish between commercial and non-commercial infringements. The law now includes a cap of $ 5,000 for all non-commercial infringement. A change that reduces the possibility of lawsuits against individuals in non-commercial activities, greatly reducing their potential liability for infringement.
  • The inclusion of an exception for publicly available materials on the Internet for education. This includes the content found in millions of websites can now communicate and reproduce by educational institutions without permission or compensation.
  • The adoption of a technology-neutral approach to reproduction of materials for display. Current law was limited to manual execution or projector. The arrangement may be applicable in the context of online learning and open the door to digitization activities.
  • The implementation of a distance education provision, although the use of the exception has significant restrictions that require the destruction of classes at the conclusion of the course.
  • The inclusion of a digital interlibrary restriction, a provision of loans that allow digital transmission of materials in an inter-library that will increase access to materials that have been purchased by university libraries.
  • A new exception for public performances in schools, reducing licensing costs for educational institutions.

Finally and out of these provisions related to consumer and education in Canada yesterday photographers are officially the copyright owners of all your photos, whether or not they were commissioned. An adoption that although it might seem logical, it was not so far in the country.

Until yesterday, all artists and creators were owners of the copyright of the photographers work less. The new law will also be the holders of the rights of your images. And is that photographers were not automatically the first owners of the photos when shooting a commissioned work, but individuals or companies who had sought work. Section 13 (2) of the Canadian Copyright Act specifically pointed to photography as a creative work than the rest.

As for the other changes we’ve detailed the beginning, most are laws we might take for granted, but unfortunately they were not. Perhaps the most important is that it reduces to a ceiling of $ 5,000 non-commercial infringement. A change that will prevent exorbitant sums in cases of copyright or even the attempt by so-called copyright trolls to cash in on the vagueness of the law.

A bill is a first step, because in the next few months is expected to expand with the public consultation to the public on the proposed notification and fines on the network.

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