Cablegate: Talking Points On Copyright Legislation for Use with Goc

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PP RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC
DE RUEHC #2113 2461945
ZNR UUUUU ZZH
P R 031927Z SEP 09
FM SECSTATE WASHDC
TO RUEHOT/AMEMBASSY OTTAWA PRIORITY 6443
INFO ALL CANADIAN POSTS COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC

UNCLAS STATE 092113

SENSITIVE
SIPDIS, COMMERCE FOR JENNIFER BOGER

E.O. 12958: N/A
TAGS: ECON ETRD KIPR CA
SUBJECT: TALKING POINTS ON COPYRIGHT LEGISLATION FOR USE WITH GOC
OFFICIALS

REF: OTTAWA 644

USTR FOR JOHN RODRIGUEZ

Per request reftel, there follow interagency-cleared talking
points for Embassy to deliver to appropriate senior Canadian
officials to encourage them to introduce quickly legislation
to modernize Canada's copyright regime.

Begin 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 through
the World Trade Organization, the World Intellectual Property
Organization and the negotiations for the proposed
Anti-Counterfeiting Trade Agreement.

-- The USG welcomes Canada's repeated commitments to improve
IPR protection and enforcement.

-- However, we are hopeful that Canada,s previously
expressed commitments ultimately turn into results,
especially in the area of improved copyright protection.

-- Indeed, as 12 years have passed since Canada signed
(signed in 1997) both the World Intellectual Property
Organization (WIPO) Copyright Treaty and the WIPO
Performances and Phonograms Treaty (collectively, the WIPO
Internet Treaties), we strongly encourage Canada to act on
its prior commitments by promptly enacting effective
copyright legislation to properly and fully implement these
treaties.

-- 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 its copyright law to
implement the WIPO Internet Treaties.

-- As you are fully aware, this was one reason why Canada was
elevated to Priority Watch under the 2009 Special 301 Review.

-- The USG is pleased to see the large amount of time and
energy that your Ministry has invested in the copyright
consultations taking place this summer. We hope that upon
the conclusion of these consultations you will move quickly
to introduce effective copyright legislation.

-- As we have previously shared, the USG believes that
effective copyright legislation accounting for modern and
changing technology would include:

Prohibition of manufacturing and trafficking in technological
protection measure (TPM) circumvention devices as an offense
separate from copyright infringement;

Prohibition of circumvention of TPMs that control access to
works (quote access controls unquote);

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 narrow in scope;

A system of protections and obligations for ISPs that
shelters them from certain liability, reduces and prevents
copyright infringement on the Internet and provides
incentives for ISPs to work cooperatively with copyright
owners.

-- Overall, the bill should strengthen the current level of
copyright protection and enforcement in Canada.

-- Ambassador Ron Kirk, the United States Trade
Representative, remains keenly interested in this issue.

-- (If needed) As Ambassador Kirk indicated in April, USTR is
prepared to reopen the USG interagency process to reassess
Canada,s placement on the Special 301 list if Canada enacts
adequate legislation.

End Talking Points.
CLINTON

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