By Christopher Van Barr , vanbarrc@gowlings.com
Published 1/1/00
For Your Attention
On October 1, 1999, the remaining provisions of An Act to Amend the Copyright Act (Bill C-32) came into force. The new provisions contain exceptions that will allow radio and television broadcasters to make temporary copies of protected works (known as ephemeral recordings). Also in force are new remedies for copyright infringement including statutory damages, a remedy called a "wide injunction" and a new procedure for commencing summary proceedings in copyright infringement cases.
Statutory damages are an important weapon in the fight against copyright infringement. Until now, a copyright owner would have to prove its damages suffered as a consequence of an infringer’s actions. These damages are often difficult to establish and as a result many copyright owners were inadequately compensated even when infringement was proven. Now, a copyright holder is entitled to a guaranteed minimum award of between $500 and $20,000 in respect of each work infringed.
In the United States, the availability of statutory damages has proven extremely successful in suppressing the use and manufacture of illegitimate computer software. The threat of large statutory damage awards, in turn, has helped organizations such as the Business Software Alliance (BSA) obtain significant settlement amounts.
Canadian organizations such as the Society of Composers, Authors and Music Publishers of Canada (SOCAN), the Canadian Recording Industry Association (CRIA), and the Canadian Alliance Against Software Theft (CAAST) will now be in a much stronger position in their battle against copyright infringers.
Christopher Van Barr is an Associate in the Ottawa Gowlings office. He can be reached by e-mail at vanbarrc@gowlings.com.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
