Canadian Lawyer

July 2011

The most widely read magazine for Canadian lawyers

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LEGAL REPORT/INTELLECTUAL PROPERTY stated intentions, would definitely improve our current regime. It would benefit all stakeholders including owners and users of copyrights," he says. "I do foresee changes to address acknowledged technical prob- lems with the bill and to make its language more consistent with the government's stated intentions for the bill." Those technical concerns include the wording of provisions intended to crack down on pirate sites that could offer loop- holes to escape enforcement. He wants legislators to iron out those issues before the legislation gets approved. The copyright legislation affects a vast array of organizations, so it is not sur- prising the last special committee that addressed the issue had 200 people sign up to testify. Another 8,000 wrote letters. Many of the interested parties support reform but asked for more clarity in the language of the bill. Roanie Levy, general counsel at the Canadian Copyright Licensing Agency (Access Copyright), says her organization is hopeful the government will use the occasion of reintroducing the bill to make the language in some of the provisions less vague. She says language that is too broad leads to litigation and problems down the road. "Canada must update its Copyright Act, and the fact that it is being reintro- duced is a good thing," says Levy. "I'm hopeful that the government will make the changes, I'm hopeful . . . they will deal with the many unwanted consequences of having broad exemptions." Problematic exemptions that raise concern and need to be clarified, according to Levy, include those relating to fair dealings for education and user-generated content among others. John Manley, head of the Canadian Council of Chief Executives, which rep- resents top executives of Canada's largest companies, said in a speech that legisla- tion along the lines of bill C-32 would be welcomed. He supports the reform and understands why so many people who have a stake in the legislation have dif- fering views. "This divergence of views is inevitable. The challenge in copyright law has always been to strike a balance between the interests of creators and those of the general public," Manley said in a speech to the special parliamentary com- mittee on copyright reform. "I note that bill C-32 includes a mandated review of the Copyright Act by Parliament every five years. While it may not be possible to satisfy every demand of every group, this provision ensures that parliamentarians will have the tools to address unforeseen problems on the basis of experience." The thorniest issue in the new legisla- tion, as in the past, is expected to be blan- ket prohibition on breaking digital locks. The legislation proposes a ban on copying materials such as video games, movies, music, and TV shows for personal use if they are protected by commercial digital locks. The digital lock issues will likely not go away in the new Parliament, where the NDP forms the official opposition. Former NDP MP Bill Siksay, who was a member of the special committee when PREPARATION OF WILLS AND POWERS OF ATTORNEY: FIRST INTERVIEW TO FINAL REPORT, FOURTH EDITION MARY L. MacGREGOR HOW TO EFFECTIVELY DRAFT DOCUMENTS FOR ESTATE AND PERSONAL PLANNING – A NEW EDITION This is an essential resource for understanding and compiling documents for use in estate and personal planning. This practical guide offers a comprehensive analysis of estate planning law from the initial meeting with a client to the conclusion of estate and personal planning. Inside you'll find: ORDER # 804518-68513 $125 Hardcover + CD-ROM approx. 350 pages June 2011 978-0-88804-518-8 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. • annotations, commentaries and practical advice for every precedent • an in-depth understanding of the estate and personal planning process • a list of relevant legislation • references to relevant case law This new edition includes • additional probate and non-probate wills & precedents • new precedents used in planning for the disabled ...and more AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.canadalawbook.ca | Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 CANADA LAW BOOK® 40 JULY 2011 www. CANADIAN Lawyermag.com Untitled-2 1 6/13/11 9:38:16 AM

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