Ineffective laws fuelling Canada's online piracy problem, U.S. copyright group says

Ineffective laws that lag behind international standards have made Canada a hot spot for online piracy and copyright infringement, according to a group of rights holders that has again placed this country on its global watch list.

In anannual report submitted to the U.S. Trade Representative, the International Intellectual Property Alliance a network that represents American copyright owners in publishing, entertainment, film, television and music recording calls on Canada to do more in the fight against online piracy.

The report says progress has been made on taking down major Canadian-based hosts of illegitimate content inthe past year following recent changes to the Copyright Act. But it calls for actionto curb the theft of intellectual property that has earned Canada its distinction as a safe havenforillegal file sharing and hosting.

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In a bid to bring Canada's copyright laws up to speed with theevolving online world, the Copyright Modernization Act made amendments to the Copyright Act in 2012 to boost the "protection of copyright works including through the recognition of technological protection measures."

A section of the act brought into force in 2015 introduced a protective measure known as "notice and notice," which helps copyright owners address suspected online violations by sending warningsto individuals via their internet service providers.

But, the alliance says the provision doesn't go far enough in correcting the illegal behaviourof some Canadians, because the absence of legal repercussions often results in ignored notices or re-uploadedcontent.

The report places Canada on a list of offending nations alongside Colombia, Indonesia, Thailand and Switzerland, and makesrecommendations to Canadian lawmakers ahead of Copyright Modernization Act's mandated review in November.

The IIPAcallsfor strengthened legal incentives for internet service providers to co-operate with rights holders, and for authorities to make online copyright enforcement a priority.

Canadian Heritage Minister Mlanie Joly, who is tasked with the "conservation, exportation and importation of cultural property," told CBC News the government is open to listening to different perspectives on copyright laws.

"There will be a review of the Copyright Act done by the Parliament committee on heritage this year, so I look forward to hearing all points of view and also looking forward to what will be the recommendations from the committee."

Rights of consumers andowners

Teresa Scassa, a professor of law at the University of Ottawa, said it's important to remember that groups like the IIPA represent one side of the debate on copyright laws in Canada a debate that sees owner interests square off with consumer rights.

"When you get arguments about high levels of piracy, I'd be interested to know how much of that is simply a matter of contested territory," she told CBC News.

While the Copyright Modernization Act introduced tools to combat infringements while beefing up intellectual property protection, it also eased restrictions on the fair use of copyrighted digital content deemed to be of public interest, in an attempt to strike a balance between interests.

Bruce Cran, president of the Consumers' Association of Canada, said Canadian consumers aregetting the raw end of the deal when it comes to accessing protected content.

"We're paying the highest prices in the world and getting the least for it," he said, adding that enforcement measures like Canada's notice system area "form of blackmail" that exploitthe fears of consumers.

But Diane Finley, the Conservative critic for innovation, science and economic development, said the model helps consumers navigate copyright laws.

"The previous Conservative government created thesystem so that consumers that unknowingly violated copyright law could be notified instead of immediately punished for their mistake," Finley said in an email.

The NDP's critic, Brian Masse, told CBC News that while there isn't enough domestic data available to take sides yet, hewouldn't besurprised if current laws are behind the curve when on copyright protection.

"Canadians like to think of themselves as world leaders but at the same time, when it comes down to actual legislation, we're often not," he said.

• Canada needs to take a hard look at its piracy notice system