With the publication in the Canada Gazette on November 7, 2012 of SI/2012-85, much of The Copyright Modernization Act (Bill C-11) has come into force. As of today’s date, the following sections of the Act are now in force:
1 – short title
2(2) – definitions
3 – addition of “making available” right
4 – addition of “first sale” right
6 – repeal of Section 10 (special treatment of photographs – term)
7 – repeal of Section 13(2) (special treatment of photographs – ownership)
8, 9(1) and 9(2) – modification of rights in performer’s performances
10 – extension of moral rights to performer’s performances
11(1) and 11(3) – addition of “making available” right and “first sale” to rights of owner’s of sound recordings
12(1) and (3) – modification of equitable remuneration provisions
13 – deeming provision regarding telecommunication to the public of a sound recording and publication
15(1), (3) and (5) – modifications to equitable remuneration provisions
17 – modification of term of rights in performer’s performances
18-20 – expansion of infringement definitions
21 – expansion of fair dealing to include parody, satire and education
22 – new exceptions to infringement: user-generated content, private purposes reproduction, time-shifting, back-up copies
23-30 – modification of educational institution and libraries, archives and museums provisions
31 – new exceptions to infringement re computer programs (back-up, interoperability, encryption research, security, etc.)
32 – exception to infringement for temporary reproductions for technological purposes
33-34 – revision of “ephemeral recordings” provisions
35 – exception to infringement for “network services”
36-37 – modification of perceptual disabilities provision
38 – exception to infringement for personal use of commissioned photos and paintings
39-41 – technical amendments re preservation of rights
42-46 and 49 – modifications to civil remedies provisions, including modification of statutory damages provisions
47-48 (excluding what will be new sections 41.25 and 41.26 (i.e., the “notice and notice” mechanism) and subsection 41.27(3) of the Copyright Act) – technological protection measures/rights management information
51-62 – consequential amendments (including five-year review mechanism)
Sections not listed above are not yet in force. For our assessment of the important changes for entertainment lawyers contained in the above-noted sections, see our post Crank It to 11: Bill C-11 Receives Royal Assent – What Changes for Entertainment Lawyers.