Provisions of the Copyright Act Relating to the Internet

Provisions of the Canadian Copyright Act Relating to the Internet

Copyright law in Canada establishes appropriate guidelines for reproducing creative endeavours, such as publications, broadcasts, literary works, sound recordings, films, or new and Internet media. In the case of literary, dramatic, musical or artistic works, the Copyright Act protects the communication of any work to the public by the telecommunications media.

Copyright protection in Canada is automatic: as soon as an original work has been written down, recorded or entered as a computer file, it is immediately copyright-protected. If anyone else uses the material without the express consent of (and/or agreement of compensation with) the copyright holder, that constitutes infringement (section 27).

In terms of the Internet, this can include posting graphic art designed by someone else on a personal Web site, redistributing a personal resume without consent, or downloading a copyrighted song in digital format.

However, because there is no formal policing of copyright on the Internet, it’s up to the owner to protect his/her work by adding the international copyright notice (© Your Name 2001) on all original works, to give potential users notice of copyright. A certificate of registration of copyright is also recommended, as evidence that the copyright is registered to the owner (section 53 (2).)

The owner is also responsible for watching for any evidence of copyright infringement. If it does occur, the owner can take legal action (section 34).

Because of rapid changes to Internet technology and services, however, current copyright laws are somewhat behind the times. In particular, the new technology for retransmission of broadcast programming over the Internet has led to initiatives to change the Copyright Act. Tables in December 2001, Bill C-48 proposes legislation that takes into account the technology for "retransmitting" — both conventional broadcasting distribution undertakings (as defined in the Broadcasting Act), and those that work via the Internet.

Under Bill C-48, Internet-retransmission is allowed only if all conditions of the regulations have been met. If passed, amendments to the legislation will not take effect until regulations and tariffs for retransmission have been established. A new regulatory body under the Copyright Act will be established; and the first order of business will be the difficult task of identifying appropriate regulations.