New Rights

Issue

Are there any new rights that should be introduced? For example, should there be a distribution right to cover the transmission of digital works?

As discussed already, CAPIC views it as imperative that digital works be expressly included within the Copyright Act. A prime example of this need is in the printing industry, where the requirement to surrender plates is meaningless when publication occurs via digital means.

The Canadian right to communicate "by telecommunication" eliminates the need to create a distribution right for transmission of works. However the difference between a true "carrier" of information and a supplier must be addressed. See the discussion of Communication to the Public by Telecommunication.

Recommendation CAPIC conditionally supports the SubCommittee's finding that no new rights need be introduced to the Copyright Act. This support is conditional upon a strengthened interpretation and definition of a true "carrier" and the introduction of statutory damages to the Act.

Index Copyright and the Information Highway