COPYRIGHT LAW AND PRACTICE IN CANADA NOW

December 3, 2012

8:15

Registration and Continental Breakfast

9:00

Welcoming Remarks from Insight Information

9:05

Co-Chair's Opening Remarks

Sheldon Burshtein 
Partner
Blake, Cassels & Graydon LLP

9:10

Deletions, Additions and Interstitial Rights – The Impact of The Copyright Modernization Act

Bob Tarantino
Partner
Heenan Blaikie LLP

• Deletions from the Copyright Act
• Photographs
• The "making available" right
• Transfer of tangible objects
• Extension of moral rights

9:50

Impact of The Copyright Modernization Act and the Supreme Court of Canada Rulings on Music and the Communication Right

Gilles Marc Daigle 
Partner
Gowling Lafleur Henderson LLP

• Performances; Communications; Making Available; Sound Recordings
• Re: Sound v. MPTAC
• Entertainment Software Association v. SOCAN
• Rogers v. SOCAN

10:30

Network Coffee Break

10:45

Canada's International Obligations: Developments in Copyright Treaties

Claude Brunet 
Senior Partner
Norton Rose Canada LLP

• WIPO Copyright Treaty
• WIPO Performances and Phonograms Treaty
• Conditions for copyright
• Proposed Anti-Counterfeiting Trade Agreement
• Other proposed treaties

11:25

Are Parliament and the Supreme Court Dealing Fairly?

Sheldon Burshtein 
Partner
Blake, Cassels & Graydon LLP

• SOCAN v. Bell
• Alberta v. Access Copyright
• Research and private study
• Fairness
• Education, parody and satire

12:05

The Implications of The Copyright Modernization Act for Institutions, Infringement and Remedies

Casey Chisick 
Partner
Cassels Brock LLP

• Educational institutions
• Libraries, museums and archives
• Infringement
• Statutory damages
• Litigation issues

12:45

Networking Luncheon

1:45

PANEL DISCUSSION

Balance - Have the Rules Changed?

Moderator: Sunny Handa 
Partner
Blake, Cassels & Graydon LLP
Professor, Faculty of Law, McGill University

Jacqueline C. Hushion 
Executive Director, External Relations, Legal and Government Affairs
Canadian Publishers' Council

Roanie Levy 
General Counsel
Access Copyright

Tanya Woods 
Legal Counsel, Regulatory & Copyright Law
BCE Inc.

This panel will deal with the real world effects of the balance that copyright law in Canada attempts to maintain between the rights of creators/owners and users. For many, this balance was clearly articulated for the first time only recently in the CCH decision. The effects of the balance, which is primarily a philosophical concept, are now working their way into the real world.

This panel session will address the concept of having such a balance, which is somewhat unique in terms of the way it has been articulated in Canadian law. It will also deal with the increasing real world effects of the balance and with some of the recent amendments to the Copyright Act to consider whether they have, in fact, maintained this balance.

3:00

Networking Refreshment Break

3:15

PANEL DISCUSSION

Technological Neutrality - What Does this Really Mean?

Moderator: David A. Basskin
Barrister and Solicitor
President Canadian Musical Reproduction Rights Agency Limited (CMRRA Ltd.)

Carys J. Craig
Associate Professor
Osgoode Hall Law School

Grace Westcott 
Westcott Law

Gary Maavara 
Executive Vice President and General Counsel, Corporate Secretary
Corus Entertainment

Margot E. Patterson 
Counsel
Fraser Milner LLP

• Technological neutrality: the concept and its history
• Was it ever really Canadian policy? What sources can we look to?
• The Internet is a "technological taxi": the implications of the Supreme Court's ruling in ESA v. SOCAN
• The Copyright Modernization Act: is it technologically neutral or occasionally "biased"?
• Has the Supreme Court already recast key Copyright Modernization Act provisions? - Are terms such as "Internet" or "any material form" now potentially broader than we thought?
• What are the practical implications of technological neutrality for: ISPs? Cloud computing? Music and entertainment licensing?

4:30

Conference Adjourns for the Day

December 4, 2012

8:15

Continental Breakfast

9:00

Co-Chair's Opening Remarks

Sue Gaudi 
Vice President, General Counsel and Corporate Secretary
The Globe and Mail

9:05

Implications of The Copyright Modernization Act for Online Activities

Gerald (Jay) Kerr-Wilson
Partner
Fasken Martineau DuMoulin LLP

• Internet service providers
• "Notice and notice" scheme
• Remixing
• Networks
• Search engines
• Non-commercial user generated content

9:45

The Copyright Modernization Act – The Further Expansion of User Rights?

Mark Hayes 
Managing Director
Heydary Hayes PC

• Software: backup, compatibility, encryption research, security
• Temporary reproduction for technological process
• Time and format shifting
• Broadcasting
• Private use

10:25

Networking Coffee Break

10:40

The Arrival of Technical Protection Measures

John McKeown 
Partner
Cassels Brock LLP

• Technical Protection Measures (TPMs) - what are they?
• Circumvention of TPMs and civil remedies
• Exceptions
• Removal or alteration of rights management information
• Criminal remedies

11:20

Current Developments in the United States and Other Key Foreign Jurisdictions

Glenn A. Gundersen 
Partner
Dechert LLP

This session will provide a concise rundown of copyright cases of significance and important legislative developments in the United States and Europe.

12:00

PANEL DISCUSSION

Implications of Recent Statutory and Judicial Developments in Copyright Law for Deal-making and Drafting Agreements

Moderator: Sue Gaudi 
Vice President, General Counsel and Corporate Secretary
The Globe and Mail

Susan H. Abramovitch
Partner
Gowlings LLP

Daniel G. C. Glover 
Partner
McCarthy Tétrault LLP

David Zitzerman
Partner
Goodmans LLP

• New legislative provisions of note for deal-making
  • Expansion of fair dealing
  • New moral rights of performers
  • New notice and notice regime
  • Changes to litigation strategies re: infringement
  • Content creators' perspective
  • Content buyer, licensee and carrier perspectives
• Recent SCC decisions that impact creative content business transactions
  • Implications for creators and licensors in deal-making
• Drafting considerations in light of the new provisions and developments

12:45

Networking Luncheon

1:45

PANEL DISCUSSION

Is Canadian Copyright Law Converging to, or Diverging from, United States Copyright Law?

Moderator: Richard Pfohl 
General Counsel
Music Canada

Dale Cendali 
Partner
Kirkland & Ellis (NY)

Ariel Katz 
Professor, Faculty of Law
University of Toronto

Grace Westcott 
Westcott Law

This panel will focus on the trends emerging in Canadian and American Copyright law and practice. Do the new Canadian legislative framework and the recent Supreme Court of Canada rulings move Canadian Copyright law in the direction of USA or away from it? Do legal developments in the two jurisdictions bring their copyright laws closer or move them apart? Hear opinions from experts on both sides of the border and learn what the possible implications are for cross border business transactions and legal enforcement.

3:00

Networking Refreshment Break

3:15

PANEL DISCUSSION

The Relevance and Future of Copyright Law

Moderator: Barry Sookman
Partner
McCarthy Tétrault LLP

Dale Cendali 
Partner
Kirkland & Ellis (NY)

Dr. Michael Geist 
Canada Research Chair of Internet & E-commerce Law Faculty of Law, Common Law Section
University of Ottawa

David W. Kent 
Partner
MacMillan LLP

Paul Spurgeon 
Vice President Legal Services and General Counsel
Society of Composers, Authors and Music Publishers of Canada (SOCAN)

• Is Copyright law still relevant?
• In what ways is it becoming less relevant?
• In what ways is it becoming more relevant?
• What role will the collective administration of copyright play in the future?
• Given technological, legal and other trends, what may we project about the future of copyright law, the uses of copyrights and the licensing of those uses, and on what basis?

4:30

Conference Concludes

CLE Accreditation

Law Society of Upper Canada CPD: This program qualifies for 11.25 substantive hours.

The Barreau du Québec automatically recognizes training activities held outside the province of Quebec and accredited by another Law Society which has adopted MCLE for its members. This program is thus approved by the Barreau du Québec for 11.25 hours.

This program has been approved by the Law Society of British Columbia and the Law Society of New Brunswick for 11.25 hours.

This program has been approved by the Law Society of Saskatchewan for 11.50 hours.

For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta.

For Nova Scotia lawyers, this course can be eligible toward your Mandatory CPD Requirement.

• TV, Radio, Film, Photography and other Entertainment representatives
• Broadcasting, Software and Publishing industry executives
• Educators (Universities/Colleges), Librarians, Researchers and Archivists
• Creator collectives' representatives
• Agents and advisers to Performers, Artists, Authors and other creators

• Marketing and Advertising professionals
• Corporate, Commercial, Entertainment and IP lawyers
• In-house Counsel
• Licensing professionals and IP/ Copyright Managers
• Internet Service Providers and Website Operators
• Government representatives (Heritage, Culture, Industry, and the Copyright Office)

Dear colleague,

After many years and many attempts, Canada's new copyright framework, The Copyright Modernization Act has finally been passed. In addition, the Supreme Court of Canada has just rendered several landmark decisions.

The effect of the legislation and the views of the Supreme Court have significant consequences for content owners, licensees and users. All industries that rely on content, and the business models on which they are based, are impacted. These industries include publishing, electronic media, music, entertainment online, software and many other businesses. Other sectors are also significantly affected, including research and education.

This Insight Information conference presents you with a unique opportunity to hear top legal, business, collective and industry experts analyze these recent developments and comment on the implications for creators, exploiters and users of copyright protected works. Among the important topics to be covered are:

• Are Parliament and the Supreme Court Dealing Fairly?
• Technological Neutrality – What Does this Really Mean? (Panel Discussion)
• Expansion of User Rights by the New Act
• Implications of New Act for Institutions, Infringement and Remedies
• Current Developments in the United States and Other Key Foreign Jurisdictions
• Implications of Recent Developments on Deal-making and Drafting Agreements (Panel Discussion)
• Is Canadian Copyright Law Converging to, or Diverging from, United States Copyright Law? (Panel Discussion)

We look forward to seeing you there!

Sincerely,

Sheldon Burshtein 
Partner
Blake, Cassels & Graydon LLP

Sue Gaudi 
Vice President, General Counsel and Corporate Secretary
The Globe and Mail

MEDIA PARTNER

Please note: Full payment is required in advance of conference dates. Please make all cheques payable to Insight Information.