CAPIC strongly recommends that an amended Copyright Act will specifically
define Digital Works. Such definition is appropriate to the current structure of
the Act. For example "Digital and/or Digital Works refers to the creation, storage,
manipulation, reproduction or distribution of any work by means of electronic,
computer or digital recording equipment."
CAPIC takes the position that a true desire to assure Canadian leadership and
competitiveness on the Information Highway mandates the specific embedding of
Digital Works in the Copyright Act.
The Copyright Act should be amended to provide equivalent protection to all
works irrespective of medium utilized.
The Copyright Act should be immediately amended to provide that the length of
copyright for photographs shall be the life of the author plus fifty years.
Statutory damages for infringing reproduction should be introduced as one of
the most efficient methods of protecting creators and valuing intellectual property.
This will serve additionally as an effective deterrent to infringers.
Where the possibility exists that case law could limit the interpretation of
"on-demand" communication to the public by telecommunication, the Copyright Act
should be amended for greater clarity.
Liability should be imposed on BBS owners and operators where they have not acted
exclusively as a "carrier" of information between persons, one of whom claims
the right of reproduction.
Statutory Damages should apply to the uploader identified as the source of copyright
infringement.
The right of integrity should be strengthened to limit or remove the requirement
to prove "prejudice of the honour or reputationof the artist." A license to
modify a work should be permitted and required under the Copyright Act.
The Copyright Act should require full credit to the copyright holder be published
in conjunction with or internally with every reproduction of a work.
Crown Copyright should respect the principle of Author as first owner of Copyright.
Revenue collected in respect of information and facts made available by the Crown
should be limited to recovery of costs.
The Crown should develop model policies respecting the value of intellectual property
and creative works commissioned for use by the Crown.
CAPIC concurs with the recommendations of the SubCommittee regarding the U.S. principle of "first sale".
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 tothe Act.
CAPIC recommends that the consideration be given to greater clarity in the
difference between "news" and items reproduced in"news media".
CAPIC recommends the inclusion of "in situ" or "found" copyrighted works as a
non-substantial portion of a new work be specifically permitted as a form of
fair dealing in an amended Copyright Act.
CAPIC approves of the general recommendations of
the SubCommittee regarding Administration.
The Government should move to include Statutory Damages for most forms of infringement
at the earliest opportunity.
The Government can assist in the creation of standards and codes which result in
the Information Highway becoming easily accessible to commercial and private users
in the same manner as radio broadcasting. This will encourage development of actual
products rather than hypothetical possibilities.
Strong, efficient and equal copyright protection for all creators is fundamental to
the growth of info-economies. Canadian legislation must be technology neutral in
its valuation of copyright works.
Government can encourage and facilitate the creation of administration systems
designed to streamline clearance and protection of rights to use works in
reproductions or compilations of any kind.
Copyright amendments should encourage licensing in return for royalty payments to
copyright holders supplying works for inclusion in new media products.
A requirement to associate a copyright holder's name with all reproductions in any
form will facilitate rights clearance for the Information Highway.
Compulsory licensing would not result in equitable treatment of creators.
CAPIC supports the general recommendations of the SubCommitteeand strongly endorses partnership of creators groups, industry and government in a public education campaign.
Canada should stay abreast of developments in regard
to copyrightand the Information Highway.
The Government's object should be to introduce visionary copyright legislation
designed as a model for a 21st century info-economy. Harmonization should
be entertained only within the framework of the primary objective of creating a
vibrant 21st century economy.
Government should provide model legislation for protection of copyright holders and
attempt to encourage similar international measures which result in national
treatment being beneficial to Canadians supplying info-product to other countries.
Government policy should expedite introduction by common carriers of high-speed data
transfer capability for all Canadian users.