HERI Committee Report

RECOMMENDATION 1

The Committee recommends that the Government of Canada ratify the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) immediately.

RECOMMENDATION 2

The Committee recommends that the Copyright Act be amended to grant photographers the same authorship right as other creators.

RECOMMENDATION 3

The Committee recommends that the Copyright Act be amended to provide that Internet service providers (ISPs) can be subject to liability for copyrighted material on their facilities. The Committee notes, however, that ISPs should be exempt from liability if they act as true “intermediaries,” without actual or constructive knowledge of the transmitted content, and where they meet certain prescribed conditions. ISPs should be required to comply with a “notice and takedown” scheme that is compliant with the Canadian Charter of Rights and Freedoms, with additional prescribed procedures to address other infringements.

RECOMMENDATION 4

The Committee recommends that the Government of Canada amend the Copyright Act to allow for extended licensing of Internet material used for educational purposes. Such a licensing regime must recognize that the collective should not apply a fee to publicly available material (as defined in Recommendation 5 of this report).

RECOMMENDATION 5

The Committee recommends that publicly available material be defined as material that is available on public Internet sites (sites that do not require subscriptions or passwords and for which there is no associated fee or technological protection measures which restrict access or use) and is accompanied by notice from the copyright owner explicitly consenting that the material can be used without prior payment or permission.

RECOMMENDATION 6

The Committee recommends that the Government of Canada put in place a regime of extended collective licensing to ensure that educational institutions’ use of information and communications technologies to deliver copyright protected works can be more efficiently licensed. Such a licensing regime must recognize that the collective should not apply a fee to publicly available material (as defined in Recommendation 5 of this report).

RECOMMENDATION 7

The Committee encourages the licensing of the electronic delivery of copyright protected material directly by rights holders to ensure the orderly and efficient electronic delivery of copyright material to library patrons for the purpose of research or private study. Where appropriate, the introduction of an extended collective licensing regime should also be considered. 

RECOMMENDATION 8

The Committee urges the Government of Canada to take immediate and decisive action on the issues raised in this report. The Committee is convinced that the modernization of Canadian copyright law is of the utmost importance; consequently, it sees it as essential that the federal government work in partnership with Parliament to ensure that all necessary legislative changes to the Copyright Act are made immediately.

RECOMMENDATION 9

The Committee recommends:

a)  that a memorandum to cabinet incorporating the recommendations made in this interim report on copyright reform be ready for cabinet approval no later than 15 August 2004; and

b)  that legislation to permit ratification of the WIPO treaties be introduced in the House of Commons by 15 November 2004.