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Cablegate: Request for Copyright Talking Points

VZCZCXRO8336
PP RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC
DE RUEHOT #0644 2331510
ZNR UUUUU ZZH
P 211510Z AUG 09
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC PRIORITY 9775
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY

UNCLAS OTTAWA 000644

SIPDIS
SENSITIVE

STATE FOR WHA/CAN AND EEB/TPP/IPE
STATE PASS USTR FOR MELLE, SULLIVAN, AND VETERE
COMMERECE FOR JENNIFER BOGER

E.O. 12958: N/A
TAGS: ECON ETRD KIPR CA
SUBJECT: REQUEST FOR COPYRIGHT TALKING POINTS

REF: OTTAWA 583

1. (SBU) Summary: Post requests interagency-cleared talking
points for Embassy to deliver to appropriate senior Canadian
Officials to encourage them to quickly introduce legislation
to modernize Canada's copyright regime. The Government of
Canada is conducting wide ranging consultations on copyright
and intends to introduce a copyright bill before the end of
the year. Post believes it would be helpful to explain U.S.
concerns at the highest possible level before the
consultations are complete. End Summary.

2. (SBU) This is an action request. Post requests
interagency-cleared talking points for the Embassy to deliver
to appropriate senior Canadian Officials to encourage Canada
quickly introduce legislation to modernize Canada's copyright
regime. In order to deliver the points before Canada's
ongoing copyright consultations end, Post requests the points
by September 1.

3. (SBU) Numerous industry contacts question the GOC's
ability to meet its publically-stated goal of sorting through
the information from the consultations, incorporating it into
legislation, and introducing that legislation to Parliament
prior to the end of the year. (reftel) However, it is clear
that the GOC will begin redrafting copyright legislation over
the next few weeks and months. While Embassy Officers have
had frequent conversations with GOC officials at all levels
on the subject of copyright, we believe it would be helpful
at this point in time to (once again) express our concerns to
the highest levels at Industry Canada and Heritage Canada.

4. (SBU) Suggested talking points:

- The U.S. Government appreciates the high level of
cooperation between our two Governments in many important
bilateral and multilateral IPR initiatives, including the
Anti-Counterfeiting Trade Agreement and the World Trade
Organization.
- The USG welcomes Canada's repeated commitments to improve
IPR protection and enforcement.
- Although Canada has made progress towards increasing the
protection of IPR -- most notably with the 2007
anti-camcording law -- the USG is disappointed that Canada
has made little progress on modernizing copyright law or
implementing legislative changes to enhance customs
enforcement against the importation and transshipment of
pirated and counterfeit goods.
- The USG is pleased to see the large amount of time and
energy that your Ministry has invested in the copyright
consultations. We hope that upon the conclusion of these
consultations you will move quickly to introduce copyright
legislation.
- As we have previously shared, the USG believes that
effective copyright legislation accounting for modern and
changing technology would include:
- Prohibition of both manufacturing and trafficking of
technological protection measure (TPM) circumvention devices;
- Prohibition of circumvention of TPMs that control
access to works ("access controls");
- Deterrent penalties against unauthorized
circumvention -- both civil and criminal;
- If there are any exceptions to TPM or rights
management information (RMI) liability, the exceptions should
be clearly enumerated and sufficiently limited;
- Overall the bill should strengthen the current level
of copyright protection and enforcement in Canada.

Visit Canada,s North American partnership community at
http://www.intelink.gov/communities/state/nap /

HOPPER

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