A publication of Brunico Communications Ltd

Archive: May 20, 1996
New Ont. tax credit
The ins and outs of the international market
Short dinos hit big screen
Waiting for Crash
At Press Time: Malofilm, October sign deal
New rules stretch CPF French-track funding
Cinar debuts Web site
Baylis leads Balmur expansion
Vidatron welcomes U.S. vet Sugar
Shorts fest set to roll
Alliance snaps up Alcott tale
Announcing: New faces, more familiar faces
Journal
Editorial: Door number 3, Bob
Corrections
Trade sorties have Indians looking to B.C.
Ontario tax credit: What you need to know
Sterloff: Ont. credit could be blow to B.C.
Numbers: Good news for U.TV
News Brief: Satellite strife
Shutdown on Flanders set
Fest to see 1st Aboriginal Film Awards
Word on the Street: Walk on the commercial side
On The Spot: Production houses air their beefs
Commercial Directions: D'Amato wins U.S. AT&T
Quebec Scene: Levy and Asselin features roll at Cinemaginaire
Ontario Scene: Pebblehut lures Streep for rare television movie appearance
First Leos a wrap
B.C. Scene: Funniest Videos host directs MOW that hits close to home
Creative Twists up new F/X shop
Network: Short takes on people, things and what's shaking out there in the prod tech universe
CBC gets swifter, higher resolution with Domino
Avid Crashes Cannes
Special Report on Investment & Finance: Recycling sparks funds
Special Report on Investment & Finance: Financing: the biggest creative challenge
Special Report on Investment & Finance: Blackwatch's public offering
Special Report on Investment & Finance: Sponsors put money program in the black
Special Report on Investment & Finance: National funding and investment sources
Special Report on Investment & Finance: Provincial funding and investment sources
Special Report on Investment & Finance: The emerging Asian market

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Binchmarks: New copyright bill sets scene for ongoing battle
by: May 20, 1996 Print

Diana Cafazzo is a partner and Sandra Richmond is an associate of the Toronto law firm of McMillan Binch. Both are members of the firm's KNOWlaw Group.

* * *

After many years of false starts and intense lobbying by both creators and so-called "users" of copyright, we've finally seen the federal government introduce amendments (Bill C-32) to our Copyright Act - a piece of legislation that has remained fundamentally intact since 1926.

While many of the changes will have a major impact on the music business, others will affect film and television producers and distributors. Following are some of the major amendments that, if passed into law, would have a particularly important effect on our industries.

Performers' rights in the performance

The "neighboring rights" proposed in Bill C-32 give all performers the right, although somewhat limited, to control the broadcasting and recording of their performances.

For example, a performer's consent will be necessary if you wish to broadcast his or her live performance. Once a performer consents to a broadcast of the performance, whether live or recorded, the performer cannot object to any subsequent broadcasts by the same person. He or she may, however, contract in advance to control the broadcaster's right to record the performance and broadcast it again.

Most important, if a performance is embodied in a production that is certified under the Income Tax Act Regulations (i



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