Copyright Modernization Act

An Act to amend the Copyright Act

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Christian Paradis  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Copyright Act to
(a) update the rights and protections of copyright owners to better address the challenges and opportunities of the Internet, so as to be in line with international standards;
(b) clarify Internet service providers’ liability and make the enabling of online copyright infringement itself an infringement of copyright;
(c) permit businesses, educators and libraries to make greater use of copyright material in digital form;
(d) allow educators and students to make greater use of copyright material;
(e) permit certain uses of copyright material by consumers;
(f) give photographers the same rights as other creators;
(g) ensure that it remains technologically neutral; and
(h) mandate its review by Parliament every five years.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 18, 2012 Passed That the Bill be now read a third time and do pass.
May 15, 2012 Passed That Bill C-11, An Act to amend the Copyright Act, as amended, be concurred in at report stage with further amendments.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 15 on page 54 the following: “(3) The Board may, on application, make an order ( a) excluding from the application of section 41.1 a technological protection measure that protects a work, a performer’s performance fixed in a sound recording or a sound recording, or classes of them, or any class of such technological protection measures, having regard to the factors set out in paragraph (2)(a); or ( b) requiring the owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording that is protected by a technological protection measure to provide access to the work, performer’s performance fixed in a sound recording or sound recording to persons who are entitled to the benefit of any limitation on the application of paragraph 41.1(1)(a). (4) Any order made under subsection (3) shall remain in effect for a period of five years unless ( a) the Governor in Council makes regulations varying the term of the order; or ( b) the Board, on application, orders the renewal of the order for an additional five years.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 11 on page 52 with the following: “(2) Paragraph 41.1(1)( b) does not”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 25 on page 51 with the following: “(2) Paragraph 41.1(1)( b) does not”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 1 to 7 on page 51.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 24 to 33 on page 50.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting line 37 on page 49 to line 3 on page 50.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 17 to 29 on page 48.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 38 to 44 on page 47.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “(5) Paragraph (1)( a) does not apply to a qualified person who circumvents a technological protection measure on behalf of another person who is lawfully entitled to circumvent that technological protection measure. (6) Paragraphs (1)( b) and (c) do not apply to a person who provides a service to a qualified person or who manufactures, imports or provides a technology, device or component, for the purposes of enabling a qualified person to circumvent a technological protection measure in accordance with this Act. (7) A qualified person may only circumvent a technological protection measure under subsection (5) if ( a) the work or other subject-matter to which the technological protection measure is applied is not an infringing copy; and ( b) the qualified person informs the person on whose behalf the technological protection measure is circumvented that the work or other subject-matter is to be used solely for non-infringing purposes. (8) The Governor in Council may, for the purposes of this section, make regulations ( a) defining “qualified person”; ( b) prescribing the information to be recorded about any action taken under subsection (5) or (6) and the manner and form in which the information is to be kept; and ( c) prescribing the manner and form in which the conditions set out in subsection (7) are to be met.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “41.101 (1) No one shall apply, or cause to be applied, a technological protection measure to a work or other subject-matter that is intended to be offered for use by members of the public by sale, rental or otherwise unless the work or other subject-matter is accompanied by a clearly visible notice indicating ( a) that a technological protection measure has been applied to the work; and ( b) the capabilities, compatibilities and limitations imposed by the technological protection measure, including, where applicable, but without limitation (i) any requirement that particular software must be installed, either automatically or with the user's consent, in order to access or use the work or other subject-matter, (ii) any requirement for authentication or authorization via a network service in order to access or use the work or other subject-matter, (iii) any known incompatibility with ordinary consumer devices that would reasonably be expected to operate with the work or other subject-matter, and (iv) any limits imposed by the technological protection measure on the ability to make use of the rights granted under section 29, 29.1, 29.2, 29.21, 29.22, 29.23 or 29.24; and ( c) contact information for technical support or consumer inquiries in relation to the technological protection measure. (2) The Governor in Council may make regulations prescribing the form and content of the notice referred to in subsection (1).”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “41.101 (1) Paragraph 41.1(1)( a) does not apply to a person who has lawful authority to care for or supervise a minor and who circumvents a technological protection measure for the purpose of protecting the minor if ( a) the copy of the work or other subject-matter with regard to which the technological protection measure is applied is not an infringing copy; and ( b) the person has lawfully obtained the work, the performer’s performance fixed in a sound recording or the sound recording that is protected by the technological protection measure. (2) Paragraphs 41.1(1)( b) and (c) do not apply to a person who provides a service to a person referred to in subsection (1) or who manufactures, imports or provides a technology, device or component, for the purposes of enabling anyone to circumvent a technological protection measure in accordance with subsection (1). (3) A person acting in the circumstances referred to in subsection (1) is not entitled to benefit from the exception under that subsection if the person does an act that constitutes an infringement of copyright or contravenes any Act of Parliament or of the legislature of a province.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 21 to 40 on page 46.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 25 on page 45 with the following: “measure for the purpose of an act that is an infringement of the copyright in the protected work.”
May 15, 2012 Failed That Bill C-11, in Clause 22, be amended by deleting lines 30 to 34 on page 20.
May 15, 2012 Failed That Bill C-11, in Clause 22, be amended by deleting lines 33 to 37 on page 19.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 62.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 49.
May 15, 2012 Failed That Bill C-11, in Clause 27, be amended by deleting line 42 on page 23 to line 3 on page 24.
May 15, 2012 Failed That Bill C-11, in Clause 27, be amended by replacing lines 23 to 29 on page 23 with the following: “paragraph (3)( a) to reproduce the lesson for non-infringing purposes.”
May 15, 2012 Failed That Bill C-11, in Clause 21, be amended by adding after line 13 on page 17 the following: “(2) The Governor in Council may make regulations defining “education” for the purposes of subsection (1).”
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 2.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 1.
May 15, 2012 Passed That, in relation to Bill C-11, An Act to amend the Copyright Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 13, 2012 Passed That the Bill be now read a second time and referred to a legislative committee.
Feb. 13, 2012 Passed That this question be now put.
Feb. 8, 2012 Passed That, in relation to Bill C-11, An Act to amend the Copyright Act, not more than two further sitting days shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Nov. 28, 2011 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-11, An Act to amend the Copyright Act, because it fails to: ( a) uphold the rights of consumers to choose how to enjoy the content that they purchase through overly-restrictive digital lock provisions; (b) include a clear and strict test for “fair dealing” for education purposes; and (c) provide any transitional funding to help artists adapt to the loss of revenue streams that the Bill would cause”.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 4:05 p.m.
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Conservative

Christian Paradis Conservative Mégantic—L'Érable, QC

Mr. Speaker, this bill is balanced. More consultations were held than ever before. This is the most debated bill since the anti-terrorist measures in the early 2000s. Is everyone happy? No. Is everyone angry? No they are not, because the bill is balanced. Everyone benefits, whether it be authors, creators, consumers, IT and communications workers, intermediaries, institutions or the education community. That is what we tried to do.

With all due respect, the hon. member is coming out of nowhere and wants to change everything. We have been talking about this bill for two Parliaments. Consultations were conducted by my colleague, the Minister of Canadian Heritage, and by my predecessor. There have also been many speeches here. The hon. member is asking us to mark time, to stay in the era of VHS tapes and vinyl records and not meet our international obligations. It does not make any sense.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 4:05 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I want to put aside the issue of the bill itself and talk about the process. The government House leader, not once or twice, but more like 14, 15, or 16 times has walked into the chamber and moved time allocation. The time allocation rule is being abused by the government House leader. The government House leader needs to negotiate in good faith with opposition parties to allow people who want to speak to the legislation to do so. The government House leader needs to do the job that he is being paid to do.

Would the minister across the way agree that the government House leader has a primary responsibility to negotiate and talk with opposition House leaders so that things can be done in a more appropriate fashion?

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 4:05 p.m.
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Conservative

James Moore Conservative Port Moody—Westwood—Port Coquitlam, BC

Mr. Speaker, with regard to this bill, we have been more than open. We have given our speaking slots in the House to the opposition parties. We have ceded our time to the opposition members so that they can speak, make their points and arguments. I think that is pretty fair.

As a matter of fact, I invited the opposition critics to my department to have a full briefing on the legislation when we tabled it so they could understand the intricacies of it and the direction in which we are trying to go so that they could plan their amendments, so that when Parliament came back and we re-tabled the same bill, we could get down to work and they could consider the direction in which they wanted to go.

With regard to this bill, it is not an overstatement that there has not been a single piece of legislation in my 12 years here where there has been more open co-operation and good faith demonstrated between the government and the public, and the government and the opposition in trying to get their views on how we can move the bill forward. That includes the next step after this process, which is to go to a legislative committee, hear from witnesses, and get this done. Creators deserve it. Consumers deserve it. Canada needs it. Let us get on with it.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 4:10 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Scarborough—Guildwood, National Defence; the hon. member for Vancouver Kingsway, Citizenship and Immigration.

It is also my duty to interrupt the proceedings and put forthwith all questions necessary to dispose of the motion now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 4:10 p.m.
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Some hon. members

Agreed.

No.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 4:10 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

All those in favour of the motion will please say yea.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 4:10 p.m.
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Some hon. members

Yea.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 4:10 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

All those opposed will please say nay.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 4:10 p.m.
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Some hon. members

Nay.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 4:10 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

In my opinion the nays have it.

And five or more members having risen:

Call in the members.

(The House divided on the motion which was agreed to on the following division:)

Vote #122

Copyright Modernization ActGovernment Orders

February 8th, 2012 / 4:50 p.m.
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Conservative

The Speaker Conservative Andrew Scheer

I declare the motion carried.

I wish to inform the House that because of the proceedings on the time allocation motion, government orders will be extended by 30 minutes.

Copyright Modernization ActGovernment Orders

February 8th, 2012 / 4:50 p.m.
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Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

Mr. Speaker, I rise on a point of order. If I am not mistaken, I believe the Minister of National Defence rose to vote in this particular vote. I know that the Chief Government Whip is usually very meticulous and conscientious about these kinds of things. I trust he will ensure that the vote count is corrected accordingly.

Copyright Modernization ActGovernment Orders

February 8th, 2012 / 4:50 p.m.
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Conservative

Gordon O'Connor Conservative Carleton—Mississippi Mills, ON

Mr. Speaker, the precise rule in this House is that once the Chief Government Whip sits down and the Speaker then begins to define the issue, in the moment between, someone can sit down. Mr. Speaker, you had not said any words.

Copyright Modernization ActGovernment Orders

February 8th, 2012 / 4:50 p.m.
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Conservative

The Speaker Conservative Andrew Scheer

Order, please. It is the rule and the standard practice of the House that once the Speaker begins to put the question, then at that moment no member is allowed to take their seat and then have their vote counted. As I saw events, the Minister of National Defence sat down before I began to put the question, and so I do not think there is anything untoward there.