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69-578: The Canadian Broadcast Standards Council ( CBSC ) is an industry funded self-regulating organization created by the Canadian Association of Broadcasters to administer standards established by its own members, Canada's private broadcasters. The council's membership includes more than 760 private sector radio and television stations, specialty services and networks from across Canada, programming in English, French and third languages. As such,

138-536: A "streamlined and effective advocacy association representing private radio and television broadcasters to the federal government". The CAB agreed to form a smaller board devoted to issues affecting the industry as a whole, such as accessibility, copyright, and administrating media-related funds. This article about an organization in Canada is a stub . You can help Misplaced Pages by expanding it . Canadian copyright law The copyright law of Canada governs

207-608: A British subject, and resident in Great Britain or Ireland." It re-established the publication requirements of the 1847 statute, prompting demand from the British government that Canada should revise its laws so as to respect imperial copyright law. Under Imperial copyright London printers had a monopoly and attracted most authors from the colonies to first publish with them because imperial copyright law granted protection in all colonies. London printers refused Canadian printers

276-580: A Study on Remuneration Models for Artists and Creative Industries in the Context of Copyright on April 10, 2018. The testimony of Canadian musician Bryan Adams given on September 18, 2018 as part of this consultation garnered significant media attention. Adams proposed an amendment to s. 14(1) of the Copyright Act to change the period after which an assignment of copyright would revert to the author 25 years after assignment, rather than 25 years after

345-409: A broad interpretation of fair dealing argue there ought to be reasonable unauthorized reproduction of works because it facilitates creativity and free expression. They also argue that fair dealing provides reasonable access to existing knowledge. Those arguing that fair dealing ought to be more restrictive and specific state that fair dealing will reduce revenue to those creating works. They also argue

414-477: A fixed royalty. The British government opposed the bill and it never received royal assent . In order to encourage the local printing and publishing industry Canada made a number of diplomatic and legislative efforts to limit the effects of the 1842 Imperial Act. In a compromise arrangement Canada passed the Copyright Act, 1875 , which provided for a term of twenty-eight years, with an option to renew for

483-532: A further fourteen years, for any "literary, scientific and artistic works or compositions" published initially or contemporaneously in Canada, and such protection was available to anyone domiciled in Canada or any other British possession, or a citizen of any foreign country having an international copyright treaty with the United Kingdom, but it was contingent on the work being printed and published (or reprinted and republished) in Canada. By registering under

552-460: A pot and making 'squishy' noise from MusiquePlus program CTRL broadcast on 11 November 2015 were not considered as sufficiently explicit to be classified as 'explicit sexual content'. The original complaint claimed the CTRL episode exposed complainer's children to sexual material because MusiquePlus failed to provide viewer advisories, and the cable provider rated the material as 8+. The council ruled

621-657: A reformed Copyright Board of Canada . Phase two of the reform took place in 1997 and saw the Copyright Act amended with a new remuneration right for producers and performers of sound recordings when their work was broadcast or publicly performed by radio stations and public places such as bars. A levy was introduced on blank audio tapes used for private copying and exclusive book distributors were granted protection in Canada. New copyright exceptions were introduced for non-profit educational institutions, libraries, museums, broadcasters, and people with disabilities, allowing them to copy copyrighted works in specific circumstances without

690-495: A signatory country of World Intellectual Property Organization Internet Treaties in 1996, Canada implemented its terms in 2012 with the passage of the Copyright Modernization Act . The 2012 act focuses on anti-circumvention provisions for technical protection measures , the protection of authors' rights, and the public's rights concerning the copying of legally obtained materials. During consideration of

759-490: A work may be acceptable. The Federal Court of Canada pointed out in 2017, when invalidating guidelines that had been adopted by York University , that this is not an easy exercise. Emphasis was given to the fact that the CCH six-factor test was the second part of a two-stage analysis in which a user must first identify whether a use was allowed before then assessing whether dealing is fair, and stressed that users must not conflate

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828-404: Is granted the moment the work is created and does not distinguish work of a professional or that of an amateur. There is also no distinction between for profit or commercial use or for hobby purposes. Literary work includes anything that is written, such as speeches, essays and books and may be in any form. However, a short string of words or spontaneous speech is not covered. Dramatic works include

897-399: Is some controversy as to the legal status of photographs taken before 1949 in the first scenario, as it can be argued that the current practice of statutory interpretation in the courts would hold that copyright protection was moved to the general rule by the 1999 reform to such photographs that were taken by individuals or creator-controlled corporations. In any case, this argument states that

966-523: Is unclear whether the subjects in interviews have copyright in the words they utter (and thus be considered to be their authors), as the courts have not definitively ruled on the issues of originality and fixation in such cases. However, in Gould Estate v Stoddart Publishing Co Ltd , the Ontario Court of Appeal noted that "offhand comments that [the interviewee] knew could find their way into

1035-492: The 2022 Canadian federal budget . The extension of Canada's copyright term to life plus 70 years was formalized via amendment to the Copyright Act on 23 June 2022, which came into force on 30 December 2022, but did not revive expired copyright. The Writers' Union of Canada has expressed strong support for copyright extension. Canadian singer/songwriter Bryan Adams argues that extensions may increase profits to intermediaries such as major record labels, but do not benefit

1104-783: The Berne Convention standard, which is life of the author plus 50 years. In addition the Berne Convention provides that extensions of terms will not have the effect of reviving previously expired copyrights. Article 14.6 of the TRIPs Agreement makes similar provision for the rights of performers and producers in sound recordings. The United States–Mexico–Canada Agreement proposed the extension of Canada's copyright term to life plus 70 years, while performances and sound recordings will be protected for 75 years. It has been signed and ratified. This agreement replaces

1173-439: The Copyright Act . Computer programs were included as works protected under copyright, the extent of moral rights was clarified, the provision for a compulsory license for the reproduction of musical works was removed, new licensing arrangements were established for orphan works in cases where the copyright owner could not be found, and rules were enacted on the formation of copyright collecting societies and their supervision by

1242-622: The North American Free Trade Agreement . In its May 2019 report, the Standing Committee on Canadian Heritage has recommended that the extension be implemented. The bill introduced to implement the USMCA did not include the extension language. This was reportedly done to allow a transition period to determine the best way to meet the extension obligation. A commitment to the obligation was included in

1311-548: The fair dealing exemption. In CCH Canadian Ltd. v. Law Society of Upper Canada , the Supreme Court of Canada made a number of comments regarding fair dealing, and found that the placement of a photocopier in a law library did not constitute an invitation to violate copyright. In Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright) , the Court further clarified this exemption from copyright law in

1380-402: The 1832 Act was repealed and with minor changes enacted as the Copyright Act, 1841 . The 1841 Act only granted copyright in books, maps, charts, musical compositions, prints, cuts and engravings. Copyright was only awarded if it was registered and a copy of the work deposited in the office of the registrar of the province before publication. The author or creator was required to be resident in

1449-553: The 2018 federal budget, received royal assent on December 13, 2018. The Act implemented amendments to the Copyright Act in relation to the administration of the Copyright Board. While the Copyright Act review was being carried out, trade negotiations leading to the USMCA were ongoing. Law professor Michael Geist noted that the terms of the USMCA relating to intellectual property would need to be taken into consideration by

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1518-419: The Berne Convention, and they possess several key attributes: attribution, integrity and association. They allow the author of a work to determine how it is being used and what it is being associated to. Neighbouring rights — generally discussed in the music industry (e.g. performer's rights, recording rights) — are a series of rights relating to one piece of work, and were established upon Canada's accession to

1587-980: The British Empire. The application of Imperial copyright was strengthened by the earlier decision of the House of Lords in Routledge v Low , which declared that residence of an author, no matter how temporary, anywhere in the British dominions while his book was being published in the United Kingdom, was sufficient to secure it. As the United States was not then a signatory to an international copyright treaty (thus rendering its citizens ineligible for Canadian copyright), many Americans took advantage of this ruling by visiting Canada while their books were being published in London (and thereby obtaining Imperial copyright). There were other significant differences between

1656-603: The Canadian Act, British and foreign publishers gained exclusive access to the Canadian market by excluding American reprints. In 1877, the Ontario Court of Appeal ruled that the Imperial Act of 1842 continued to have effect in Canada, despite the passage of the Canadian Act of 1875. This effectively meant that Canadian copyright was a local scheme, whereas Imperial copyright conferred general protection throughout

1725-553: The Canadian Broadcast Standards Council was not created until 1990. The council has five primary objectives: Citations have been issued not only for violations of the content guidelines themselves but also for failing to provide sufficient information to viewers, i.e. missing or inadequate viewer advisories, or missing ratings icons. If after receiving an unsatisfactory response from a broadcaster about concerns involving content broadcast by one of

1794-606: The Canadian Government questioned the responsible self-government arrangement. In a provocative move Canada passed An Act to extend the Provincial Copyright Act to Persons Resident in the United Kingdom in 1847, granting British authors protection only if their works had been printed and published in the Province of Canada. The 1841 and 1847 statutes were subject to minor revision in 1859 and

1863-696: The Canadian and Imperial régimes: Under the UK's Copyright Act 1911 , the Parliament of Canada was granted authority to either extend its application to Canada or to repeal (subject to the preservation of all legal rights existing at the time of such repeal) any or all enactments passed by the Imperial Parliament (including the Act of 1911) so far as operative within the Dominion. Canada opted to exercise

1932-448: The Canadian public scientific, technical, literary and artistic creations and other adaptations, applications and uses, in a manner and on terms adequately safeguarding the paramount public interest." Between 1977 and 1985, a series of reports and proposals were issued for the reform of Canadian copyright law. Eventually a copyright reform process was initiated in two phases: Phase one was started in 1988 and saw several amendments to

2001-511: The Rome Convention. They do not relate to the creative works themselves, but to their performance, transmission and reproduction. Similar protection is extended to copyright holders in countries that are parties to: Section 32.2(1) of the Copyright Act (Canada) states the following: It is not an infringement of copyright A work must be original and can include literary, dramatic, musical and artistic works or compilations. Copyright

2070-569: The Royal Commission on Patents, Copyright, and Industrial Design, known as the Ilsley Commission, published a series of reports. Its brief was "to enquire as to whether federal legislation relating in any way to patents of invention, industrial designs, copyright and trade-marks affords reasonable incentive to invention and research, to the development of literary and artistic talents, to creativeness, and to making available to

2139-529: The UK Copyright Act 1911 : Following the UK Carwardine case, rights in performer's performances were also held to exist under the Canadian Act (although they were never enforced). This was abolished in 1971. New technological developments and the emergence of computers, photocopiers and recording devices led to a recognition that copyright law needed to be updated. Between 1954 and 1960

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2208-466: The actual creators of copyrighted works. He believes that copyright law should include a change to revert rights back to the creator after 25 years. Proponents of a strong public domain argue that extending copyright terms will further limit creativity and argue that "there is no evidence to suggest that the private benefits of copyright term extensions ever outweigh the costs to the public." The Canadian Confederation of Library Associations disagrees with

2277-433: The appropriateness of the current standards by the panel so community standards are not addressed. One of the many criticisms of the process is that it does not meet with stated objectives of the council as it fails to inform broadcasters of emerging and changing societal trends or develop ways to adjust broadcast standards to meet them. A written decision is supplied to the complainant citing past decisions. In January 2011,

2346-563: The ban. On 31 August, the CBSC reiterated that it found the slur to be inappropriate; however, because of considerations in regard to its use in context, the CBSC has left it up to the stations to decide whether to play the original or edited versions of the song. Most of the CBSC panelists thought the slur was inappropriate, but it was used only in a satirical, non-hateful manner. On 19 October 2016, CBSC's French language panel ruled video clips showing dildos and macaroni and cheese being stirred in

2415-521: The bill, many groups publicly stated their opposition to its digital lock specifications, arguing that such measures infringed on legitimate usage of copyright holding. The government rejected many of these criticisms of the TPM provisions. The 2012 amendments to the Copyright Act included an updated provision for a recurring five-year parliamentary review of the Act. Section 92 of the Act mandates

2484-541: The characters, scenes, choreography, cinematography, relationship between characters, dialogue and dramatic expression. Artistic works include sculptures, paintings, photographs, charts and engravings. Musical works include any musical compositions with or without words. Unexpressed ideas are not protected work. Copyright also extends to incomplete creations such as proposals, treatments and formats, and infringement can occur when subsequent audiovisual works use their elements without ever actually literally copying them. It

2553-660: The communications sector; associations representing the film, theatre and music industries; media organizations; government departments; and representatives of the Copyright Board of Canada. The final report of the Committee was released in June 2019 and contained 36 recommendations. As part of the review, the Committee also requested that a parallel consultation be conducted by the Canadian House of Commons Standing Committee on Canadian Heritage , which announced its launch of

2622-458: The context of education, finding that a teacher may photocopy a brief excerpt from a textbook in circumstances where it would be impractical to purchase a text book for each student. Fair dealing is to be examined on a case-by-case basis. The purpose of the dealing, character of the dealing, amount of the dealing, alternatives of the dealing, nature of the work and effect of the dealing are factors that can contribute to fair dealing. Those favouring

2691-405: The copyright expires, the applicable term would then be the earlier of 70 years from its publication or 100 years from fixation. By implication, this will also extend the copyright for performer's performances contained in such recordings. From July 1, 2020, the rules governing copyright protection for published pseudonymous or anonymous works were extended by 25 years. This extension did not have

2760-641: The council allows the private broadcasting industry to be self-regulating; it acts as an intermediary in the regulatory process, which is governed by the Canadian Radio-television and Telecommunications Commission (CRTC). The CRTC itself generally hears complaints against only the few CBSC non-members (most notably public broadcasters such as the CBC ), as well as reviews of CBSC decisions; the latter rarely lead to any additional action. Although first suggested by private broadcasters as early as 1968,

2829-407: The council's Atlantic Regional Panel ruled against CHOZ-FM in a complaint regarding the song " Money for Nothing " by Dire Straits (CBSC Decision 09/10-0818). The council ruled that Canadian radio stations must mute or otherwise edit out the word " faggot " before airing the original version of the song. The CRTC has asked the council to review their ban after they received numerous complaints about

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2898-544: The creator's consent. A creative employee, meanwhile, may continue to use his or her experience, expertise, and memory to create a similar product after the conclusion of a contract. In 2002, the Ontario Court of Appeal upheld a literal interpretation of the word "copy" and found that a software engineer's creation of a "similar" product from memory did not constitute infringement of his former employer's copyright. Unauthorized copying of works can be permissible under

2967-463: The death of the author. Adams invited law professor Daniel Gervais to present arguments in support of his proposal. One of the rationales put forward by Professor Gervais was to permit a reasonable period for those assigned copyright to exploit the commercial interest in a work and recoup their investment, while at the same time incentivizing and supporting the creativity of artists by allowing them to regain control within their lifetime. In addition to

3036-642: The distribution of royalties for music played by radio stations. Following the establishment of the Canadian Broadcasting Corporation , which served as both a broadcaster and regulator, the CAB lobbied for the establishment of an independent regulator of broadcasting in Canada, a goal achieved in 1958 with the formation of the Board of Broadcast Governors . The CAB worked with the BBG to assist in

3105-653: The effect of reviving a copyright. Under the conditions of the Trans-Pacific Partnership trade agreement the copyright term would have been extended to life plus 70 years. Although it was signed by Canada in February 2016, this treaty was not ratified, and did not go into effect. Under its successor, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership , Canada's copyright term did not change. Canada continued to hold to

3174-716: The entire British Empire , including Canada. The 1842 Act had an immediate impact on Canada and became infamous because it effectively prohibited the importation and sale of reprints of any book under British copyright printed in other countries. Previously Canada had mostly imported books from the United States, but it was now unlawful for Canadian merchants to engage in this trade. Instead merchants were required to import books under British copyright from printers in Britain, though British market prices were unaffordable for most residents of Canada. As British publishers systematically refused to license books for printing to Canadian printers,

3243-406: The episode in question. But MusiquePlus has since established the proper advisories, according to the council. The council also found the episode should be rated 13+, but the 8+ rating was erroneously issued by the cable company, not MusiquePlus. Canadian Association of Broadcasters It was first established in 1925, with a goal to lobby for Canadian copyright law to contain provisions for

3312-472: The establishment of a Senate or House of Commons committee for the purpose of carrying out this review. On December 14, 2017, the Minister of Innovation, Science and Economic Development Canada and the Minister of Canadian Heritage announced plans to commence a parliamentary review of the Copyright Act . The Canadian House of Commons Standing Committee on Industry, Science and Technology was given charge of

3381-546: The establishment of private radio and television broadcasters. In the 1970s, the CAB lobbied against attempts by the BBG's successor, the CRTC , to implement policies for Canadian content . In 1998, the CAB established the Canadian Radio Music Awards . In January 2009, amid growing vertical integration and president Glenn O'Farrell stepping down, the CAB announced that it planned to restructure itself as

3450-470: The extension. But it believes some of the problems can be mitigated by, among other things, requiring each work be formally registered in order to receive the 20 year extension. The Act confers several types of rights in works: Copyright includes the right to first publish, reproduce, perform, transmit and show a work in public. It includes other subsidiary rights such as abridgment and translation. Moral rights were instituted upon Canada's accession to

3519-644: The jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act, 1867 . It is unclear to what extent British copyright law , or imperial law, starting with the 1709 Statute of Anne , applied to its colonies (including Canada), but the House of Lords had ruled in 1774, in Donaldson v Beckett , that copyright was a creation of statute and could be limited in its duration. The first Canadian colonial copyright statute

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3588-495: The latter choice, and, upon passage of the Copyright Act, 1921, it assumed complete jurisdiction over copyright and Imperial legislation in the matter ceased to have effect. Canada did not join the Buenos Aires Convention of 1910; adhered to by most Pan-American countries The Copyright Act, 1921, came into force in 1924. Though Canada was no longer subject to imperial copyright law, it was closely modelled on

3657-427: The legally enforceable rights to creative and artistic works under the laws of Canada . Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997, and 2012. All powers to legislate copyright law are in

3726-554: The legislated parliamentary review of the Copyright Act , separate consultations were held with respect to the Copyright Board of Canada . In August 2017, Innovation Science and Economic Development Canada , the Department of Canadian Heritage , and the Copyright Board of Canada issued "A Consultation on Options for Reform to the Copyright Board of Canada," a document outlining the potential scope and nature of reforms to

3795-511: The legislative and regulatory framework governing the Copyright Board of Canada and soliciting comments from the public. The consultation period concluded September 29, 2017. A fact sheet published by Innovation Science and Economic Development Canada summarized the key issues raised in the consultation and announced a 30% increase to funding to the Board to address significant time delays in tariff-setting. Bill C-86, an Act implementing provisions of

3864-408: The license to print books first published in London and authors had little incentive to first publish in Canada, as colonial copyright law only granted protection in Canada. The Canadian government sought to further strengthen the Canadian print industry with an 1872 bill that would have introduced a projected licensing scheme that allowed for a reprinting of books under foreign copyright in exchange for

3933-428: The macaroni video failed to meet the explicit sexual content standard, and the use of f-word in the dildo video did not have the vulgar connotation it can have in English, which allowed the word to be used if it was used only on occasion and was not used to insult or attack an individual or group. However, the council determined MusiquePlus didn't post a viewer advisory warning of explicit language and sexual content during

4002-473: The members of the Canadian Association of Broadcasters, members of the public may file a complaint with the Canadian Broadcast Standards Council. The process takes some time after the complaint is raised. There is no dialogue within their process as it is purely an administrative review based on the council's own Broadcast Standards and past decisions. The exercise does not examine or re-examine

4071-516: The parliamentary review. The Committee collected 192 briefs (written submissions) and heard testimony from 209 witnesses, concluding its consultation process in December 2018. Submissions were received from a wide variety of interested parties, including associations representing students, universities, libraries and researchers; unions, associations and collective management organizations representing writers, artists, and performers; corporations from

4140-444: The permission of the copyright owner or the need to pay royalties. Damages payable for copyright infringement and the power to grant injunctions were increased, and the 1997 reforms introduced a mandatory review of the Copyright Act . Copyright in unpublished works was limited to 50 years after the creator's death, but unpublished works by creators who died after 1948 but before 1999 retain their copyright until 2049. After becoming

4209-537: The province in order to obtain copyright under the Act, though the Act was unclear on whether the work needed to have been first published in the Province. The objective of the colonial copyright statutes was to encourage the printing of books in Canada, though this was not made explicit to avoid conflict with imperial copyright law, which was primarily designed to protect English publishers. Britain forcefully demanded guarantees that British and Irish subjects were eligible for protection under Canadian colonial copyright law in

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4278-410: The public domain ... [were] not the kind of disclosure which the Copyright Act intended to protect." Ownership of a creative work may be assigned to a corporation or other employer as part of an employment contract. In such a cases, the employer retains ownership of the creative work even after the contract ends. The new copyright owner is therefore free to make changes to the finished product without

4347-442: The reproduction of works and sends a wrong message to the public that works are free as long as it falls under this banner. Their economic argument is that fair dealing should not compensate for the market's inability to meet the demand for public knowledge. The impact of the CCH analysis has been problematic, and many users have attempted to simplify the administration through the adoption of guidelines quantifying what amounts of

4416-530: The requirement for the works to be printed in Canada, buried in the text, was later noticed and denounced by the imperial British government. Upon Confederation, the British North America Act, 1867 granted the federal government power to legislate on matters such as copyright and patents . In 1868 the Parliament of Canada passed the Copyright Act of 1868, which granted protection for "any person resident in Canada, or any person being

4485-399: The review Committee and would require changing provisions of the Copyright Act that were amended in the last round of copyright reform in 2012. From June 23, 2015, the rules governing copyright protection were modified to provide that copyright in unpublished sound recordings created on or after that date would last for 50 years after fixation, but if the sound recording is published before

4554-427: The rules with respect to the term of copyright with respect to photographs so that the creator holds the copyright and moral rights to them, and the general rule of life plus 50 years thereafter applies all such works. However, there are two schools of thought with respect to how copyright applies to photographs created before that date: The differences between the two points of view can be summarized as follows: There

4623-785: The same way residents of the Canadian colony were. One year after Canada passed the 1841 act, the UK Parliament passed the Copyright Act 1842 . The statute explicitly applied to "all Parts of the United Kingdom of Great Britain and Ireland, the Islands of Jersey and Guernsey, all Parts of the East and West India, and all the Colonies, Settlements, and Possessions of the Crown which now are or thereafter may be acquired". Any book published in London would therefore be protected by copyright law in

4692-485: The two stages. Subject to other provisions of the Act, a work will fall into the public domain : In all cases: Before the 1999 reform of the Act, works that were published after the death of the author were protected by copyright for 50 years after publication, thus granting perpetual copyright to any work not yet published. This was revised so that protection is limited as follows: The Copyright Modernization Act , which came into force on November 7, 2012, altered

4761-473: Was the Copyright Act, 1832 , passed by the Parliament of the Province of Lower Canada, granting copyright to residents of the province. The 1832 Act was short, and declared ambitions to encourage emergence of a literary and artistic nation and to encourage literature, bookshops and the local press. After the Provinces of Upper and Lower Canada (Ontario and Quebec) were reunified to form the Province of Canada,

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