[d at DCC] Chronology of Canadian Copyright Law
russell at flora.ca
Thu Feb 15 16:55:31 EST 2007
Darryl Moore wrote:
> Hi Russell, I forgot to have a look at this when you originally asked. I
> did have a quick look just now as I continue to compile information for
> my DVD ROM project. Two things, I think should be included.
> 1) a chart or something which identifies when terms of copyright were
> changed in the past
It is my understanding that Canada has always been a life+50 country
for as long as Canada had copyright. I don't have a copy of the 1921
bill, but Canada ratified the life+50 of Berne in 1928. I don't know of
any extensions since that time.
Remember: much of the discussion about US copyright doesn't apply to
Canada, including various copyright extensions, Fair Use (what made the
VCR legal), and so-on.
Maybe someone can correct me on that, but I don't see anything that
references an overall change. There may have been changes relating to
specific types of creativity, such as the extension proposed for some
photography in Bill C-60.
> 2) a mention in the 1989 entry into NAFTA caused the loss of "first
> sale" doctrine with regard to software.
Do you have references? When researching I couldn't find a specific
reference of when Canada adopted Copyright for Computer Software.
Everything I have read suggests that this only happened in 1988, and I
don't see any references to suggest that when Software received
copyright that it had "first sale".
Thoughts: When you read a book, no "copies" are said to be made, so
there is no need for a license (bare or EULA contract). This isn't the
case for software or any digital media, so even if the medium had "first
sale" for digital media, that this wouldn't have any meaning given any
access involves a copy that is currently considered covered by
copyright. The license or EULA required to install and run the software
could exclude rental or resale, even if the medium had "first sale".
We do need to modernize copyright to suggest that all true private
copying and communication is *unregulated* by the act completely. This
will be hard to word to be "clear and simple" such that any regular
access, as well as time, space and device shifting are carved out, but
not carving out if someone "borrowing" physical media and not deleting
private copies when the media is returned.
Again -- this is just from my reading thus far, so I'd be interested
in any references to update my understanding of these things.
Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
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