SOCAN pleased that government has tabled new copyright legislation

 

SOCAN noted the tabling of Copyright reform legislation on June 3, 2010, that addresses challenges faced in the digital marketplace, and is looking forward to considering its contents and implications as it relates to SOCAN’s interests.

Paul Spurgeon, SOCAN’s Vice President Legal Services & General Counsel said: “SOCAN is pleased that the Government of Canada has tabled copyright reform legislation that addresses some of the challenges and opportunities creators face in the digital marketplace. We are optimistic that these changes will help make Canadian copyright law more consistent with international standards."

At first glance, it appears that if Bill C-32 (the Copyright Modernization Act) becomes a law in its current form, it will create certain new rights and clarify others, but will also create many more new exceptions that might adversely affect creators' rights. The proposed bill will create a "making available right" for performers and sound recording makers – the right to authorize or prohibit the dissemination of their works through interactive networks such as the Internet – and clarify that (pre-existing) right for authors. It will also create rights for copyright owners to better enforce their rights in the digital marketplace.

Unfortunately, the proposed bill allows the private copying of musical works when consumers transfer their copies to digital audio recorders without providing compensation for that activity. For that reason, SOCAN supports the Canadian Private Copying Collectiive (CPCC) campaign to extend the levy to include digital audio recorders. It's only fair that under a “technology neutral” policy, that if a levy is payable for one technology (CDRs) then if consumers adopt a new technology, the levy (and the right) should also apply to the new technology.

What happens next?

Although the bill has been tabled in Parliament with a first reading, there are still many steps required before it becomes a law. There must be a second reading, during which Parliament debates the bill, and may decide to refer it to a committee for further consideration, including possible examination by witnesses and experts. Recommendations from the committee are made to Parliament, which then votes for or against the proposed amendments. The bill is then read for a third time in Parliament, and is sent to the Senate for consideration. If passed by the Senate, the bill is then presented to the Governor General for Royal Assent, after which it becomes a law. None of these steps has any time limitation attached to it.

Spurgeon added: "At SOCAN, we believe it is important to consider all of the elements within the new legislation carefully before making detailed comments on its content. We are currently undertaking a thorough review of the legislation so that we can clearly and accurately communicate to our members, customers, media and other interested groups with a stake in the industry the implications of the legislation.”