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Thursday, June 7, 2012

Canada’s Intellectual Property Industry Will Hire Lawyers

The Canada’s reformed copyright law, known as the Copyright Modernization Act (CMA), is being lively discussed in the country.

CMA, also called “Bill C-11”, keeps clearing its way, marking the 4th attempt to reform the country’s copyright legislation. However, the bill is still raising a lot of questions, and the stakeholders are already testing the limits of the suggested legislation. There are a lot of lawyers specializing in copyright legislation, and the Chambers Global 2012 is ready to hire a team to represent the intellectual property space.

Barry Sookman, famous Canadian authority and blogger on IP legislation and copyright, confirms that this subject is sensitive for many. While the content creators and copyright owners argue that the new law is providing too much power to the consumers over the produced content, the Internet users focus on maintaining the web free and unburdened by copyright enforcement.

Another problem is that there has been no copyright reform in the last 15 years, and today the country’s government rushing to concoct one. Within the last 12 years, the Canada’s government has taken some significant steps to create favorable conditions to promote electronic commerce. The first step was the introduction of privacy legislation to promote confidence in digital networks. The second was the introduction of electronic commerce law. Finally, recently the government passed an anti-spam legislation again to promote the use of the web and eliminate the hazards. The only piece that was missing is copyright. So, the discussed Act is recognized as an attempt to prove that the digital world is changing and requires its own framework to be built.

Other industry experts believe that the bill is taking the wrong approach, saying that it has eliminated some of the most modern aspects of the Copyright Act the country already had and actually has nothing to do with digital technology. The government is also accused of failing to fulfill its promise to balance the needs of both copyright owners and Internet users, as the experts point out that it has never been more difficult for individual copyright owner to enforce individual copyright. Meanwhile, if the laws don’t help promote the digital exchange for value, this can be regarded as a serious problem. If the governments enforce the laws supporting the market, the evidence proves that these laws do work, but it doesn’t necessarily mean there is a 100% efficient way to prevent all illegal file sharing.

Taking into account so much controversy, the country’s government seems to face the backbreaking task of finding a suitable solution for both copyright owners and the public, with Bill C-11 not being the one.

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