The CMA also expanded the use rights of libraries, museums, and archives. For example, the law now allows libraries, museums, and archives to format shift a work in its permanent collection if the original is in a format that is obsolete or the technology required to use the original is unavailable or is becoming unavailable. Further, libraries, museums, and archives can distribute certain materials digitally, provided that they take certain measures to protect the copyright owner’s rights. There is a similar allowance for unpublished works deposited in archives. The CMA also allows the use of publicly accessible online materials for educational purposes, provided that the source and author are attributed, and unless the works are protected by “digital locks.”
in a user-friendly manner. The law now distinguishes between commercial from non-commercial infringements for the purposes of statutory damages awards. Specifically, where the “infringements are for telegram data non-commercial purposes”, the court may order between $100 and $5,000 in damages “with respect to all infringements involved in the proceedings for all works.” In other words, statutory damages in a proceeding for non-commercial infringement are now limited to $5,000, no matter how many works were infringed. Furthermore, in exercising its discretion to award statutory damages for non-commercial infringements, the court is to consider “the need for an award [of damages] to be proportionate to the infringements, in consideration of the hardship the award may cause to the defendant, whether the infringement was for private purposes or not, and the impact of the infringements on the plaintiff.”
These recent developments in Canadian law, in conjunction with its ratification of the Marrakesh Treaty, make the landscape ripe for further expansions of digital access to knowledge in the future. Internet Archive Canada will be exploring opportunities for partnerships and projects to bring Canada digital and help the nation to become an international leader in access to knowledge.