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.

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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