LIGHTS, CAMERA, LEGISLATION: CANADA'S

UNCLAS SECTION 01 OF 02 OTTAWA 001076 SIPDIS SENSITIVE SIPDIS STATE FOR WHA/CAN AND EEB/TPP/MTA/IPC BOGER AND WALLACE STATE PASS USTR FOR MELLE, SULLIVAN, AND GARDE COMMERCE FOR SABASTIAN WRIGHT, GERI WORD, AND EMILY BARRAGAN E.O. 12958: N/A TAGS: ECON ETRD KIPR CA SUBJECT: LIGHTS, CAMERA, LEGISLATION: CANADA'S ANTICAMCORDING BILL REF: A. MONTREAL 58 ¶B. 06 MONTREAL 436 ¶C. 06 MONTREAL 365 ¶1. (U) Summary: Minister of Heritage Bev Oda and Minister of Industry Maxime Bernier on June 1 introduced legislation to amend Canada's Criminal Code to make the act of recording a movie in a theater without consent a criminal act. The bill has been praised by U.S. and Canadian Industry, is supported by all opposition parties, and may be passed by Parliament before the summer recess later this month. If passed, the bill will immediately become law and will address a key USG concern about IPR protection in Canada. Minister Oda explained that this legislation is the first step in strengthening Canadian protection of IPR and that the Government is working on addition IPR related legislation. End summary. ¶2. (U) On Friday, June 1 Ministers Oda and Bernier announced the introduction of legislation to criminalize the unauthorized recording of a movie in a Canadian theater. The announcement was made with much fanfare to members of the media and industry representatives. The industry presence was particularly felt as Cineplex -- a major Canadian movie theater chain -- decorated the room in Parliament Hall with movie posters and concession stands and provided popcorn to all attendees including Emboffs. ¶3. (U) Minister Oda explained in her prepared remarks that this legislation is designed to help protect Canadian film producers and distributors. She added that the camcording bill is the first step in improving IPR protection in Canada and that the Government is continuing to work on additional legislation to protect IPR, including the ratification of the WIPO internet treaties. Several industry associations, including the Canadian Motion Picture Distributors Association and the Motion Picture Association of America, issued press releases praising the new legislation. ¶4. (U) Responding to the press, Oda said somewhat disingenuously that the policy change had been in the works "for months" and claimed that U.S. pressure -- in the form of studio threats to delay releases of major films in Canada, Canada's designation on the Special 301 list, repeated �00A;Embassy approaches, and the May 30 visit of California Governor Arnold Schwarzenegger who personally raised the camcording issue with Prime Minister Harper -- had nothing to do with the Government's decision to move forward with the bill at this time. ¶5. (SBU) An Embassy contact in the Ministry of Justice said the Government has secured an informal agreement from all three opposition parties to "fast track" the camcording legislation through the House of Commons and is negotiating with a committee member in the Senate to obtain similar expedited passage through the Senate. The Government is hopeful that the bill will pass before the summer recess. Once passed by Parliment and given royal assent, the bill will immediately become law. ¶6. (U) The new legislation would result in up to two years jail time for unauthorized recording of a movie in a theater and up to five years jail time for unauthorized recording of a movie with the intent to commercial distribute. ¶7. (U) Full text of the bill follows: "The Criminal Code is amended by adding the following after section 431.2: ¶432. (1) A person who, without the consent of the theater manager, records in a movie theater a performance of Qmanager, records in a movie theater a performance of cinematographic work within the meaning of section 2 of the Copyright Act or its soundtrack (a) is guilty of an indictable offense and liable to imprisonment for a term of not more than two years; or (b) is guilty of an offense punishable on summary conviction. (2) A person who, without the consent of the theater manager, records in a movie theater a performance of cinematographic work within the meaning of section 2 of the Copyright Act or its soundtrack for the purpose of sale, rental or other commercial distribution of a copy of the cinematographic work (a) is guilty of an indictable offense and liable to imprisonment for a term of not more than five years; or (b) is guilty of an offense punishable on summary conviction OTTAWA 00001076 002 OF 002 (3) In addition to any punishment that is imposed on a person who is convicted of an offense under this section, the court may order that anything that is used in the commission of the offense be forfeited to Her Majesty in right of the province in which the proceedings are taken. Anything that is taken may be disposed of as the Attorney General directs. (4) No order may be made under subsection (3) in respect of anything that is the property of a person who is not party to the offense." 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