Levy paid on blank audio tapes and CDs, this is redistributed to authors to mitigate the effects of individuals recording personal copies, which is no longer considered infringement Section 80(1) allows copies of musical works for personal use onto an “audio recording for private use of person making the copy medium” performance singing and playing the song Performer’s – Musical work song itself – Sound recording the production used to produce the final product – These are all bundled into music copyright Section 79 defined recording broadly as anything that “audio medium” quite consumers regularly record music onto (see EXCEPTIONS below for current law) Copyright Modernization Act (Copyright treaty, performances and phonograms treaty) 1996, WIPO treaties – implemented in 2012 with Copyright Modernization Act Aimed at bringing copyright law into the digital era Adds right of (if it is put online but nobody downloads it, “making available” it is still copyright infringement) This is their key contribution Key Changes / Modernizations Photographs: repeal of specific provisions of s10 relating to term and ownership they – are now covered by normal copyright Fair dealing new exceptions added for parody, satire, and education – New exception for user-generated content for non-commercial purposes New exceptions for making copies for private purposes and time-shifting Technological protection measures/DRM Contracting parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures Does NOT require government to include restrictions on selling or assisting with circumvention of TPMs (see below) Technological Protection Measures Issues: Arguably goes beyond WIPO treaties Can potentially restrict ability of users to benefit from all exceptions to copyright Potentially federal government has authority to legislate on ultra vires? – copyright, but restrictions involving how people can make use of items they own is under property and civil rights, so possibly they are out of jurisdiction Two types of TPMs Access control Copy control
Levy paid on blank audio tapes and CDs, this is redistributed to authors to mitigate the effects of individuals recording personal copies, which is no longer considered infringement Section 80(1) allows copies of musical works for personal use onto an “audio recording medium” for private use of person making the copy Performer’s performance – singing and playing the song Musical work – song itself Sound recording – the production used to produce the final product These are all bundled into music copyright Section 79 defined “audio recording medium” quite broadly as anything that consumers regularly record music onto (see EXCEPTIONS below for current law) Copyright Modernization Act WIPO treaties (Copyright treaty, performances and phonograms treaty) – 1996, implemented in 2012 with Copyright Modernization Act Aimed at bringing copyright law into the digital era Adds right of “making available” (if it is put online but nobody downloads it, it is still copyright infringement) This is their key contribution Key Changes / Modernizations Photographs: repeal of specific provisions of s10 relating to term and ownership – they are now covered by normal copyright Fair dealing – new exceptions added for parody, satire, and education New exception for user-generated content for non-commercial purposes New exceptions for making copies for private purposes and time-shifting Technological protection measures/DRM Contracting parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures Does NOT require government to include restrictions on selling or assisting with circumvention of TPMs (see below) Technological Protection Measures Issues: Arguably goes beyond WIPO treaties Can potentially restrict ability of users to benefit from all exceptions to copyright Potentially ultra vires? – federal government has authority to legislate on copyright, but restrictions involving how people can make use of items they own is under property and civil rights, so possibly they are out of jurisdiction Two types of TPMs Access control Copy control