Toronto Star

COPYRIGHT

- Michael Lewis

The issue: Copyright protection­s are evolving in the digital age as countries ramp up efforts to combat piracy and online infringeme­nt. The need for new measures has come to the forefront amid a torrent of illegal downloads of online content from providers including Netflix and YouTube and the pirating of material for commercial and personal use. What others are doing: Protection­s are being updated in jurisdicti­ons including the U.S. and especially the European Union, which is set to vote this spring in the European Parliament on an overhaul that would block copyright-protected material, including software, films, music and books, from being uploaded or electronic­ally shared without permission from creators.

A provision of the proposed policy would effectivel­y mandate that compa- nies including Facebook and Google develop and fund technology to automatica­lly filter out infringed content on their sites and search engines on a mass scale.

In the U.S., meanwhile, momentum is building around proposals in Congress that could formalize and increase royalty payments for music creators whose work is played on digital services.

In many developing jurisdicti­ons, the push to reform intellectu­al property protection­s has become part of a plan to boost economic competitiv­eness, with China, for example, proposing to make websites liable for promoting unlicensed works as part of a broader reform of property rights.

Australia, which was described by the country’s attorney general in 2014 as the “worst offender” for pirated content, has proposed laws that would make it far easier for copyright owners to achieve court orders that would force search engines and internet service providers to block or delete pirated content. What Canada is doing: Here, part of the response is contained in the Copyright Modernizat­ion Act, which requires that providers give notice to customers suspected of pirating content. It is

left to the injured party to sue, with awards capped at $5,000 for non-commercial infringeme­nt.

Provisions in Canada’s legislatio­n also prohibit demands for payment in the infringeme­nt notices, as well as links to any other sites where payments can be made to content creators.

The notice provision has been criticized by groups including the Internatio­nal Intellectu­al Property Alliance of content creators who say it “fails to provide meaningful incentives for network service providers to co-operate with copyright owners to deal with copyright infringeme­nts that take place in the digital network environmen­t.”

Another possible impediment to the notice provision stems from the new trade agreement among Canada, the U.S. and Mexico that limits internet platforms’ liability for users’ content, while the deal also stipulates that Canada eventually extend its copyright term. The liability provision could prevent Canada from adopting Europeanst­yle digital copyright rules, experts note.

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