Part of this was to prevent publishers from asserting a common law copyright over works indefinitely We no longer have common law copyright with statute – 1800s-1882: UK extends protection to engravings and prints, sculpture, dramatic works, paintings, drawings, musical works, etc. Imperial act 1911 enacted to facilitate adherence; common law Berne Convention copyright repealed copyright development Canada’s Copyright act 1921 modelled on 1911 Imperial Act (adherence to Berne) 1988 amendments to include computer programs and clarify moral rights 1997 private copying, neighboring rights 2012 implemented in face of pressure from trading partners – International Aspects Berne convention National treatment, minimum protections (time period), no formalities (no registration or marking requirements allowed) Must protect domestic and foreigners the same way (not as important any more) Universal Copyright Convention 1952 Countries that required formalities, shorter term US and USSR had not joined Berne so they did this instead; prior to this they needed to register work as copyrighted before it was actually protected Rome Convention 1964 Adding protection for neighboring rights (performers, producers, broadcasters, sound recorders) NAFTA 1994 – TRIPS - 1996 WTO countries – Requires compliance with Berne Does not require moral rights recognition, just basic minimum copyright protection Digital Age issues Napster: enabling infringement was considered enough for them to be liable because they know it is being used for infringing purposes Amendments in Canada now make services enabling copyright infringement to be held liable for infringement; even just allowing access to software that enables filesharing is considered liable Pre-copyright modernization act, parody of you singing a song was illegal; now exception allows this type of use “mashup” Private Copying Regime First attempt to balance copyright holders economic interests with to public’s desire record content for personal use
Part of this was to prevent publishers from asserting a common law copyright over works indefinitely We no longer have common law copyright – with statute 1800s-1882: UK extends protection to engravings and prints, sculpture, dramatic works, paintings, drawings, musical works, etc. Imperial act 1911 enacted to facilitate Berne Convention adherence; common law copyright repealed Canada’s copyright development Copyright act 1921 modelled on 1911 Imperial Act (adherence to Berne) 1988 amendments to include computer programs and clarify moral rights 1997 private copying, neighboring rights 2012 – implemented in face of pressure from trading partners International Aspects Berne convention National treatment, minimum protections (time period), no formalities (no registration or marking requirements allowed) Must protect domestic and foreigners the same way Universal Copyright Convention 1952 (not as important any more) Countries that required formalities, shorter term US and USSR had not joined Berne so they did this instead; prior to this they needed to register work as copyrighted before it was actually protected Rome Convention 1964 Adding protection for neighboring rights (performers, producers, broadcasters, sound recorders) NAFTA – 1994 TRIPS - 1996 – WTO countries Requires compliance with Berne Does not require moral rights recognition, just basic minimum copyright protection Digital Age issues Napster: enabling infringement was considered enough for them to be liable because they know it is being used for infringing purposes Amendments in Canada now make services enabling copyright infringement to be held liable for infringement; even just allowing access to software that enables filesharing is considered liable Pre-copyright modernization act, parody of you singing a song was illegal; now “mashup” exception allows this type of use Private Copying Regime First attempt to balance copyright holders economic interests with public’s desire to record content for personal use