REQUEST FOR COPYRIGHT TALKING POINTS

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