Copyright Modernization Act | |
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Parliament of Canada | |
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Citation | S.C. 2012, c. 20 |
Territorial extent | Canada |
Passed by | House of Commons of Canada |
Passed | 18 June 2012 |
Passed by | Senate of Canada |
Passed | 29 June 2012 |
Royal assent | 29 June 2012 |
Commenced | 7 November 2012 [1] |
Legislative history | |
First chamber: House of Commons of Canada | |
Bill citation | C-11, 41st Parliament, 1st Session |
Introduced by | Minister of Industry and Minister of State (Agriculture) Christian Paradis |
First reading | 29 September 2011 |
Second reading | 13 February 2012 |
Third reading | 18 June 2012 |
Second chamber: Senate of Canada | |
First reading | 18 June 2012 |
Second reading | 21 June 2012 |
Third reading | 29 June 2012 |
Summary | |
Legislative Summary | |
Status: In force |
An Act to amend the Copyright Act (the Act), also known as Bill C-11 or the Copyright Modernization Act, was introduced in the House of Commons of Canada on September 29, 2011 by Industry Minister Christian Paradis. It was virtually identical [2] to the government's previous attempt to amend the Copyright Act , Bill C-32. Despite receiving unanimous opposition from all other parties, the Conservative Party of Canada was able to pass the bill due to their majority government. The bill received Royal Assent on June 29, 2012 becoming the first update to the Copyright Act since 1997.
The Act's anti-circumvention provisions have been called "the most restrictive in the world" [3] and student groups compared it to the controversial Stop Online Piracy Act that was proposed in the United States. Ottawa lawyer Kathleen Simmons stated "If we take out the digital lock provisions, the bill appears to be very balanced. It introduces some additional protection for different rights holders and performers but it’s also introducing a lot of user-friendly exceptions." [4] After the Copyright Modernization Act passed, debates over its digital lock provisions continued in House discussions on Bill C-56, the Combating Counterfeit Products Act. [5]
The Act contained many significant provisions. It: [6]
During its consideration, the bill drew negative reactions from the US-based International Intellectual Property Alliance, which represents industries in movie, music, and software. In particular, the IIPA took issue with the "notice-and-notice" approach that only requires internet service providers to forward infringement notices to their subscribers, which it claims "fails to provide meaningful incentives for network service providers to co-operate with copyright owners to deal with copyright infringements that take place in the digital network environment". and said it will urge the U.S government to pressure Canada for more reforms as part of the negotiations for Canada's entry into Trans Pacific Partnership free trade agreement. [9] It also wanted Canada to repeal sections that limit statutory damages to a maximum of $5,000 for non-commercial infringement, claiming that the cap renders statutory damages "ineffective in achieving its goals of full compensation and deterrence in the online environment". [9]
CRIA lawyer Barry Sookman who supported the Act commented on the digital lock rules. He claimed that they did not actually criminalize every day activities and that critics were misinterpreting them. [10]
When the Act was introduced, it was criticized for "mirroring the previous bill" and bringing back anti-circumvention laws unchanged. These laws were challenged by Liberal and NDP members whose amendments were rejected in the first and second readings. [11] During the third reading, the Bloc Québécois' André Bellavance and the Green Party's Elizabeth May proposed amendments that were also turned down. [11] Critics who wanted more consultation expressed concern over the committee stage which excluded any witnesses who commented on Bill C-32. [12] Law professor Michael Geist disputed the party's statements regarding how many Canadians they consulted as well as a claim by Christian Paradis and James Moore that the Copyright Act had not changed since before 1990. [13] During the reading of the bill in the Senate, Geist delivered testimony which led to Senator Wilfred Moore proposing amendments similar to those that were rejected in the House. [14] [15] These were defeated and the bill passed later that same day.
In addition to online protests, a street protest was held in Montreal. [16] Toward the end of the bill's consideration, a petition urging the government to make further changes was signed by more than 70 arts and culture organizations. [17]
I will give an example to show just how boneheaded the digital lock provisions are. If a journalist on the evening news wanted to show an excerpt from a movie that was being discussed or debated, the journalist would not be able to show that excerpt because he or she would have to break the digital lock to do it.
During debates, the extent to which the government understood the technology was questioned. On October 18, 2011, Industry Minister Christian Paradis incorrectly stated that most DVDs do not have digital locks. [19] On October 27, 2011, Conservative MP Lee Richardson in a letter used the line "If a digital lock is broken for personal use, it is not realistic that the creator would choose to file a law suit against the consumer, due to legal fees and time involved". [20] Referring to this, Liberal MP Geoff Regan commented on the irony of the government advising Canadians to break its own law. [21] On June 25, 2012, it was revealed that the Department of Justice had warned Industry Canada that prohibitions against the circumvention of locks may violate freedom of expression and/or disability rights in the Canadian Charter of Rights and Freedoms. [22]
The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997, and 2012. All powers to legislate copyright law are in the jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act, 1867.
The Copyright Act of Canada is the federal statute governing copyright law in Canada. It is jointly administered by the Department of Industry Canada and the Department of Canadian Heritage. The Copyright Act was first passed in 1921 and substantially amended in 1988 and 1997. Several attempts were made between 2005 and 2011 to amend the Act, but each of the bills failed to pass due to political opposition. In 2011, with a majority in the House of Commons, the Conservative Party introduced Bill C-11, titled the Copyright Modernization Act. Bill C-11 was passed and received Royal Assent on June 29, 2012.
Michael Allen Geist is a Canadian academic, and the Canada Research Chair in Internet and E-Commerce Law at the University of Ottawa. He is the editor of four books on copyright law and privacy law, and he edits two newsletters on Canadian information technology and privacy law.
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