VZCZCXRO8336
PP RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC
DE RUEHOT #0644 2331510
ZNR UUUUU ZZH
P 211510Z AUG 09
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC PRIORITY 9775
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY

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