Daily Alert

Copyright Treaties

Last week the government authorized the Department of Foreign Affairs to take the actions necessary to bring into force for Canada, the World Intellectual Property Organization Copyright Treaty and the World Intellectual Property Organization Performances and Phonograms Treaty. The coming into force of the treaties will affect the entry into force of several sections of the Copyright Modernization Act from 2012.

The directives read:

His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, authorizes the Minister of Foreign Affairs to take the actions necessary to bring into force for Canada the World Intellectual Property Organization Performances and Phonograms Treaty.

and

His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, authorizes the Minister of Foreign Affairs to take the actions necessary to bring into force for Canada the World Intellectual Property Organization Copyright Treaty.

The  WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) relate to among other things, making available rights, distribution rights, rights  with respect to the Internet and anti-circumvention protection.

According to the publication in the Canada Gazette regarding the entry into force the Copyright Modernization Act the following provisions are affected:

Sections 2(1) and 5 of the Copyright Modernization Act, S.C. 2012, c. 20, are proclaimed into force on the later of the day on which this Order is published in the Canada Gazette, Part II, and the day on which the WIPO Copyright Treaty, adopted in Geneva on December 20, 1996 comes into force for Canada (P.C. 2012-1392).
 
Sections 9(3), 9(4), 11(2), 11(4), 11(5), 12(2), 14, 15(2), 15(4), 16 and 50 of the Copyright Modernization Act, S.C. 2012, c. 20, are proclaimed into force on the later of the day on which this Order is published in the Canada Gazette, Part II, and the day on which the WIPO Performances and Phonograms Treaty, adopted in Geneva on December 20, 1996, comes into force for Canada (P.C. 2012-1392).
See my earlier posts on the Copyright Modernization Act (part 1) and the coming into force provisions (part 2, part 3).