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Viewing cable 07OTTAWA887, IPR: CANADA REPORTEDLY PREPARING TO CRIMINALIZE

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Reference ID Created Released Classification Origin
07OTTAWA887 2007-05-11 19:30 2011-04-28 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Ottawa
VZCZCXRO2948
PP RUEHGA RUEHHA RUEHQU RUEHVC
DE RUEHOT #0887 1311930
ZNR UUUUU ZZH
P 111930Z MAY 07
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC PRIORITY 5610
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHDC
UNCLAS OTTAWA 000887 
 
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 GERI WORD, SEBASTIAN WRIGHT, AND EMILY BARRAGAN 
 
E.O. 12958: N/A 
TAGS: ECON ETRD KIPR CA
SUBJECT: IPR: CANADA REPORTEDLY PREPARING TO CRIMINALIZE 
THEATER CAMCORDER CAMCORDING 
 
REF: A. OTTAWA 765 
 
     B. OTTAWA 783 
 
1. (SBU) Summary: Canada's reaction to USTR's April 30th 
decision to maintain Canada's position on the Special 301 
Watch List has been largely muted.  However, intellectual 
property rights (IPR) - especially theater camcording - are 
now generating prominent news stories.  The GOC is reportedly 
preparing to draft legislation to criminalize camcording of 
movies in a cinema.  End Summary. 
 
Reaction to 301 Generally Positive 
--------------------------------------------- 
 
2. (SBU) Prior to the release of the 2007 Special 301 Report 
many Canadian officials and pundits anticipated that USTR 
would upgrade Canada to the 301 Priority Watch List.  While 
some U.S. industry groups have criticized the decision to not 
upgrade Canada, we understand that Canadian officials were 
relatively pleased by the 301 report and the lack of public 
reaction in Canada. 
 
IPR Issues Focus of Media and Parliament 
--------------------------------------------- --------- 
 
3. (U) There continues to be prominent, and generally 
critical, news coverage of illicit theater camcording in 
Canada.  Warner Brothers recently announced that as part of 
an effort to combat camcorder piracy, it will no longer hold 
any pre-screenings in Canada starting in the summer. 
Additionally, the producer of "Bon Cop, Bad Cop" the highest 
grossing Canadian movie ever, in a recent radio interview 
stated that Canadian laws against theater camcording are 
out-of-date and "ludicrous" and that Canadian artists are 
hurt by this legal deficiency. 
 
4. (U) The House of Commons Committees on Industry, Science 
and Technology and on Public Safety and Nation Security 
recently have both held multiple hearings on IPR issues, 
including counterfeit goods, camcording, and border 
enforcement.  While the hearings have featured witnesses with 
a variety of views on the subject, the majority of the 
Members of Parliament seem to recognize IPR enforcement is a 
problem and appear to be sympathetic to many USG concerns. 
 
New Legislation? 
---------------------- 
 
5. (SBU) Reports in the press and from Embassy contacts 
indicate that the Ministry of Justice may soon introduce 
legislation to criminalize theater camcording despite prior 
statements by Justice Minister Nicholson to the contrary. 
Illicit camcording may be the easiest of the major USG IPR 
concerns for Canada to address.  Few people oppose such 
legislation and those that do, such as IPR public commentator 
University of Ottawa Law Professor Michael Geist, seem 
resigned to the eventual passage of anti-camcording piracy 
legislation. 
 
6. (SBU) Comment: Despite progress on camcording there is 
still no firm indication that the long-awaited copyright bill 
is ready to be introduced to Parliament.  When asked about 
timing of the legislation, GOC officials repeat a statement 
from Prime Minister Harper's April 23rd letter to Ambassador 
Wilkins that Industry and Canadian Heritage Departments "are 
planning to move forward with proposals for important changes 
to Canada's copyright regime in the coming months.  (Ref B) 
End comment. 
 
Visit Canada's Classified Web Site at 
http://www.state.sgov.gov/p/wha/ottawa 
 
WILKINS