1709 Blog: for all the copyright community

Friday, 23 May 2014

Hot news from a cold climate? Canada does some signing-up

13 August is a red-letter day in Canada, if you consider the many and varied occurrences that have graced the country since it emerged from the swirling primaeval mists of recorded time (if you want to know what happened in Canada on that date, just click here). What's more, this very year sees two more momentous events that will grace that date.

The first is spelled out in WCT Notification No. 81: WIPO Copyright Treaty. The title is a bit of a plot-spoiler, since this notification celebrates the deposit by the Government of Canada, on May 13, 2014, of its instrument of ratification of the WIPO Copyright Treaty, which will enter into force, with respect to Canada, on 13 August 2014.

The second, something of a sequel, is recorded in WPPT Notification No. 86: WIPO Performances and Phonograms Treaty, which produces the same effect regarding ratification of the WIPO Performances and Phonograms Treaty. This instrument of ratification has a bit more to it: The said instrument of ratification was accompanied by the following declarations:
- "Pursuant to Article 3(3) of the Treaty, the Government of Canada will not apply the criterion of fixation with regard to exclusive rights of producers of phonograms;

- "Pursuant to Article 3(3) of the Treaty, the Government of Canada will not apply the criterion of publication with regard to the remuneration right of Article 15(1) of the Treaty; and

- "Pursuant to Article 15(3) of the Treaty, the Government of Canada will not apply Article 15(1) of the Treaty with regard to the retransmission of phonograms".
Let's hear from our Canadian friends: what's the story?

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