ARCHIVÉE — Canadian Advanced Technology Alliance

PROCESSUS DE RÉFORME DU DROIT D'AUTEUR

SUGGESTIONS REÇUES RELATIVEMENT AUX DOCUMENTS DE CONSULTATION

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Les documents reçus seront affichés dans la langue officielle dans laquelle ils auront été soumis. Toutes les suggestions sont affichées comme elles ont été reçues par les ministères; toutefois, toutes les informations sur les adresses ont été enlevées.

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Suggestion de Canadian Advanced Technology Alliance reçue le 14 septembre 2001 par courriel

Objet : COPYRIGHT REFORM CONSULTATIONS

Version PDF (en anglais seulement)

CANADIAN ADVANCED TECHNOLOGY Alliance

www.cata.ca


COPYRIGHT CONSULTATIONS

The Canadian Advanced Technology Alliance is the trade association which represents the Canadian high tech industry. We have almost 600 member companies, and a further 1500 companies belong to associations which are affiliated with CATAAlliance. Most of the companies are in the information and communications technology industries, but we also have members from the aerospace, biotech and advanced manufacturing industries. While the very largest companies, like Nortel, Bombardier, Cognos and BCE Emergis are members, the vast majority are SME's. Product innovation is the critical factor in the global markets where our members compete, so only a few members do not perform R&D.

Intellectual property is our members' primary asset, and copyright is a vital issue to those in the software and services industries. CATAAlliance commends Industry Canada and Heritage Canada for their initiative to update the Copyright Act to reflect advances in technology and recent revisions of the international copyright treaties. In the global knowledge economy, it is vital that Canada keep pace with the changing international environment.

CATAAlliance is pleased to offer its comments on the issues raised in the two June 22 consultation papers.


CONSULTATION PAPER ON COPYRIGHT ISSUES

Amendment of the Act to allow a specific right for on-demand communication

CATAAlliance agrees with the departments that the Copyright Act's communication right provides for an on-demand communication right, and that there is no need to amend the Act in this respect.

Regarding the rights of performers and sound recording makers, it is our view that the Act should be amended to extend the making available right o them, in conformance with the WIPO Performances and Phonograms Treaty.


Measures to deter the circumvention of technological measures that protect holders' rights

CATAAlliance recommends that the government amend the Act to prohibit the circumvention of technological protection measures for the purpose of infringing rights, and prohibit devices and services whose primary purpose is circumvention. Criminal as well as civil penalties will be necessary to deter infringing behaviour. As there are many multipurpose devices which may permit circumvention, the details of the amendment will require discussion.

Measures to deter tampering with rights management information

CATAAlliance recommends that the Act be amended to prohibit tampering with rights management information. The description of rights management information should be technologically neutral, to allow for the rapid technological progress which is characteristic of the industry. The penalties provided should be both civil and criminal.

Liability of network intermediaries in relation to copyright protected materials over digital networks

CATAAlliance agrees that the act should be amended to include a complaints-driven notice and take down process for the removal of copyright infringing materials from digital networks. The provisions must establish a solid standard for the notice, and relieve the service provider of any responsibility to make judgments on the validity of the notice.


CONSULTATION PAPER ON THE APPLICATION OF THE COPYRIGHT ACT'S COMPULSORY RETRANSMISSION LICENSE TO THE INTERNET

CATAAlliance recommends that the License be amended to expressly provide for its technologically neutral application, subject to appropriate territorial restriction. Such an amendment will further the development of the Canadian high tech and content industries. Continuously improving technology has made available software which can solve the territorial restriction problem. (See "Is There a There There ? Toward Greater Certainty for Internet Jurisdiction": Professor Michael Geist, University of Ottawa, Faculty of Law, mgeist@uottawa.ca)

Further information
For further information on CATAAlliance's position, please contact:

David Patterson
Executive Director, Ottawa
(613) 236-6550
dpaterson@cata.ca

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