Copyright in its Global Context : Canada's Approach to Bill C-32: India’s Lesson in 'What Not to Do'

Every once in a while, one has the luxury to benefit from the experience of another. When those experiences originate from a comparable state of affairs, one would be unwise not to learn from them. Such an opportunity presents itself before India as both Copyright Modernization Act, 2010 of Canada and the Copyright (Amendment) Bill, 2010 of India are tabled before their respective legislative houses. Through this note the author seeks to reflect upon Canada's Bill C-32 vis-à-vis the other proposed or prevailing copyright laws of countries, in order to expediently inform the Indian position on Copyright law. The author attempts to discern the underlying legislative policies which drive both India and Canada in their evident attempt to harmonise municipal laws with their respective international obligations. While the provisions of Bill C-32 and the Copyright Amendment Bill, 2010 are contrasted, the author also seeks to understand both India and Canada's international obligations as per the prevailing international intellectual property regime and their respective proposals for domestic execution of the same, under the ubiquitous eye of the United States. The author does this in addition to critically reflecting upon the efficacy of provisions dealing with Technology Protection Measures which have thus far stirred the most controversy. In doing so the author is able to juxtapose the existing legal regime in the United States and the one proposed in Canada in order to suggest a viable way forward for India to attain a judicious copyright balance between international compliance and municipal efficacy