Union européenne
Canada
Droit d'auteur et droits connexes
10. With regard to Canada's compliance with Article 11 of the TRIPS Agreement, please provide evidence of the following: (1) the amount of rental of cinematographic works in Canada; and (2) that the amount of renting of cinematographic works in Canada has not led to such widespread copying of these works that the renting is materially impairing the exclusive right of reproduction conferred upon the authors of these works.
In Canada, the rental of cinematographic works is governed by the business arrangements effected between the owners of copyright in cinematographic works and an extensive system of rental outlets. Whether domestic or foreign, the copyright owners in cinematographic works are largely pleased with the present system and have not, to any significant extent, asked for the introduction of an exclusive rental right with respect to their films. Similarly, the owners of the copyright in cinematographic works have not complained to the Canadian government about widespread copying of their works nor have they alleged that renting is materially impairing their exclusive reproduction right. In this regard, Canada's Copyright Act is fully consistent with the requirements of TRIPS, Article 11: Rental Rights.