The Power of Perspectives

The Canadian Bar Association

Kim Covert

IP Section recommends items for consideration in Copyright Act review

December 12 2018 12 December 2018

 

“The subject of copyright can be quite controversial,” says the CBA’s Intellectual Property Section in its submission regarding the statutory review of the Copyright Act.

The Section proceeds to avoid taking sides in the controversies by focusing its response on “the practice of law in Canada, particularly the ability of lawyers to provide clear advice to clients in the field.” A theme that runs through the letter is using judicial resources only when really necessary.

It recommends several issues be considered as part of the review:

  • the efficacy of the current notice-and-notice system, and whether the notice-and-takedown system used in other countries might work better;
  • whether a right to register a personal property security interest against a copyright should be included in the Act
  • including a simplified procedure in the Copyright Act to permit relinquishment of uncontested counterfeits without judicial intervention;
  • clarifying the boundary between copyright and industrial design protection;
  • establishing an artist’s resale right of five per cent of gross sale amount for artistic works from galleries and auction houses, while copyright subsists.

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