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Instructional Resources
Manitoba Education, Citizenship and Youth
 

Canadian Copyright Act and Case Law

Law

Canadian Copyright Act C-42: "Unofficial" Consolidated Statute of the Canadian Copyright Act. Department of Justice. Updated August 31, 2004.

Bill C-32: An Act to Amend the Copyright Act Phase II (1997).

Final Implementation of Bill C-32, Act to Amend the Copyright Act (1999)

Bills

Bill C-61 - An Act to Amend the Copyright Act
First Reading: June 12, 2008

Bill C-60 - An Act to amend the Copyright Act
First Reading: June 20, 2005.
Dies on the order paper, November 29, 2005

Regulations

Book Importation Regulations (SOR/99-324)
In force on July 28, 1999, and published in the August 18, 1999 issue of the Canada Gazette, Part II, Vol. 133, No. 17.

Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations (SOR/99-325). In force on July 28, 1999, and published in the August 18, 1999 issue of the Canada Gazette, Part II, Vol. 133, No. 17.

Educational Program, Work and Other Subject-matter Record-keeping Regulations (SOR/2001-296). In force on July 18, 2001.

Selected Case Law

Federal Court of appeal ruling on file sharing, in BMG Canada Inc. v. Doe (May 2005), which declines to rule on whether music downloading infringes copyright but upholds Internet privacy rights and sets out tests to be met in regard to the disclosure of information to industry.
http://www.canlii.org/ca/cas/fca/2005/2005fca193.html

The Ontario Court of Appeal rules that the Globe and Mail does not have the right to republish articles by freelance writers in electronic databases (October 2004).  The ruling may be appealed to the Supreme Court.
Robertson v Thomson Corporation

Supreme Court Ruling on Canadian Association of Internet Providers v. SOCAN (June 2004).  Addressed the liability of ISP's for the transmittal of copyrighted content on their networks, and whether caching content with the intent of improving network efficiency infringes copyright.
http://www.iijcan.org/ca/cas/scc/2004/2004scc45.html

Federal Court ruling on file sharing in BMG Canada Inc. v. Doe (March 2004) which rejects industry application to reveal names of alleged music downloaders and finds that music downloading for personal use does not infringe copyright in Canada.
http://www.canlii.org/ca/cas/fca/2005/2005fca193.html

Supreme Court ruling on CCH Canadian Ltd. v. Law Society of Upper Canada (March 2004). A crucial ruling on fair dealing and library photocopying which emphasizes the importance of user rights.
http://www.canlii.org/ca/cas/scc/2004/2004scc13.html

Information

A Guide to Copyrights (Updated January 2005) Canadian Intellectual Property Office.

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