FACT SHEET ON PROPOSED CHANGES TO CANADA'S COPYRIGHT ACT

In 1996, the World Intellectual Property Organization (WIPO) adopted two treaties that the 62 member countries, including Canada, agreed to implement. The purpose of the 1996 WIPO Treaties is to bring copyright laws of member countries up to date to deal with the new digital world.  While achieving this purpose, the 1996 WIPO Treaties also recognizes,"the need to maintain a balance between the rights of performers and producers of phonograms and the larger public interest, particularly education, research and access to information."

Mindful of the balance required, the 1996 WIPO Treaties achieve their purpose through the creation of two simple rights: (a) the"make available" right for performers and makers, and (b)"technological protection measures" (TPMs).

Unfortunately, until Canada implements the 1996 WIPO Treaties, Canadian performers will not receive the benefit of these rights in the many other countries that have already updated their laws to implement the 1996 WIPO Treaties. As a result, Canadian performers currently have fewer rights and protections in other countries because Canada has failed to live up to its commitment.

More importantly, the 1996 WIPO Treaties will benefit Canadian consumers.  Currently, Canadians have fewer digital services available and pay higher prices than U.S. consumers.  The proposed amendment will create opportunities for new services, improved product choices and more competition to lower prices in Canada. 

Make Available: The artist/performer's right to make available to the public the original and copies of their recorded performance: (i) through sale or transfer of ownership (e.g. sell or give away downloads), and (ii) by wire or wireless means in such a way that members of the public may access the music at a place and time of their choosing (e.g. on-demand streams for the public).