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”.

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 1 p.m.
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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, the Conservatives claim that Bill C-11 will protect artists, but many artists have shared their concerns about this bill with us. Because we have very little time left to debate this bill, I would like to ask a question on behalf of an artist who contacted me directly. He said:

As an emerging artist, I find it difficult to compete with recording industry heavyweights that have access to every possible medium to promote their products. The Internet is an intelligent and economical promotional tool that levels the playing field and supports the free market, giving me and those discovering my work a way to share my music. There are already effective mechanisms in place to protect sharing of copyrighted material. For example, my own music has been temporarily blocked on my own YouTube channel because Warner Music Group's monitoring software detected that I was sharing protected content.... My question is, how can this government tell me that it is protecting my rights as an emerging music creator when it is actually curtailing my freedom of expression?

I would like the member to answer Patrick Bernier-Martin, who asked me that question and who, as an artist, is very concerned about this bill. He does not see how this bill will protect his rights at all. He thinks, and many experts agree, that this bill will protect big industry, which pressured government to introduce it.

Can the member answer this artist?

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 1 p.m.
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Conservative

Blake Richards Conservative Wild Rose, AB

Mr. Speaker, I appreciate that the member has sought to consult with stakeholders, whether they be those who are creators or consumers. I assume that she has met with consumers as well and has heard from her constituents on it, as I have. I have met with many creators, including recording artists, over the last couple of years. I have certainly heard from many of my constituents. I have spoken with educational institutions, with libraries in my constituency and elsewhere, so I have heard many of the thoughts and concerns, just as I am sure she has.

I believe our government has found a balance. We need to ensure a balance is created that protects the creators, including the recording artists the hon. member mentioned. We are ensuring that we are finding the balance between protecting them and also ensuring that consumers have access to what they want to be able to have access to.

I think we have found that balance. If some individuals have concerns, they should share those at the committee stage, which, hopefully, we will be at very soon, to ensure their concerns and thoughts are heard but--

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 1:05 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Order, please. We need to leave a bit more time for other questions.

The hon. member for Bonavista—Gander—Grand Falls—Windsor.

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 1:05 p.m.
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Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, my question pertains to the balance the hon. member discussed in his speech. He said there were two things that came out of the hearings, first, that a lot of people had interest in this, but obviously second, that a balance has been achieved.

I want to question that. We need to look at fair use, at fair dealing. He talks about the education exemption, which basically means, for the purpose of education, one can use copyrighted material. However, if the material in question has a digital lock placed upon it, it cannot be used in this exemption.

Perhaps the hon. member would like to work out that balance, because it does not really make a lot of sense to me.

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 1:05 p.m.
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Conservative

Blake Richards Conservative Wild Rose, AB

Mr. Speaker, I suppose the hon. member is entitled to his opinion. However, we sought input from a variety of sources and all kinds of discussion have taken place at the committee level and here in the House. Members of the government have, as have members of the opposition, consulted with those who are creators in the recording industry or otherwise, or consumers.

All of us have consulted with our constituents and what we are hearing is that, although there may be some concerns in various areas and it is difficult to find a balance, they believe our government has found that balance and that we have found a balance that is fair to both creators and the consumers.

I am proud of the fact that we have worked hard to ensure the balance is there and I do believe it exists.

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 1:05 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

We will be resuming debate but before I recognize the member for Vancouver Quadra, I want to let her know that I will have to interrupt her part way through her speech as 1:15 p.m. is the end of government orders for today.

The hon. member for Vancouver Quadra.

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 1:05 p.m.
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Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Mr. Speaker, I am pleased to add a few comments to this important debate. The Liberal Party absolutely believes that Canada's Copyright Act must be modernized. In this era of iPhones, iPads, cloud sourcing and so on, we must have modern laws.

That is not the challenge here. The challenge, or the issue, is to implement reforms that are fair and that balance the rights of authors and the rights of the Conservatives. We all know this is the objective of the bill. However, the Conservatives have not succeeded. That is obvious. A number of groups have told us and them that the bill is not balanced.

One of the greatest concerns for me is the fact that the Conservatives will continue with their agenda without listening to Canadian citizens, groups, experts and opposition members. We could call this dictatorial federalism.

We know that this bill has sparked a great deal of discussion and that many suggestions were made to improve it. But did the Conservatives add some ideas? Did they change what they will do? No. They introduced a bill that ignores everyone else's ideas. That is not democracy. That is not enough for those of us on this side of the House.

Why do we have to be in such a rush to pass a bill when, when it comes right down to it, the result is not acceptable for so many people and so many organizations in terms of the objectives we have here in Canada? Why? This is a complex issue. This bill is very detailed, and there are many valid arguments. It is worth listening to them and continuing to work on the bill in order to achieve a good result.

Why put forward a policy that is so important and that affects the lives of all Canadians, only to be satisfied with a poor result that does not achieve the balance that everyone wants, when that is the very goal of modernizing the legislation?

It is the same with other issues. The process used by this government and the Prime Minister is a bit dictatorial. They understand while others do not. It is insulting to those who oppose and also to organizations that work every day, every year, to explain the issues with respect to the modernization of the Copyright Act.

Why shorten the debate in such a manner? Why? There is no support for doing so outside that group.

In the beginning, I spoke about the process, which is faulty. I would like to continue in that direction and speak about something that is of great concern to me.

I just asked an NDP member a question about that. Who is managing our decisions as Canadians? Who is in charge of our country's legislation? Recently we learned that some diplomatic cables have shown that some parts of the Conservatives' copyright bill, which we are talking about this afternoon, were drafted to satisfy the concerns of the American industry instead of addressing the concerns of Canadians.

Many Canadians are opposed to the digital locks, which seem to only address American interests. That worries me a lot because the Americans are major partners. They are our friends and neighbours, but they are not in charge of our legislation. This strategy is very worrisome because it sends a message to specific industries in the United States that they can push Conservative MPs in a direction that does not serve the best interests of Canadians.

Our sovereignty belongs to us, to Canadians. It is very important to the people of Canada. Handing over our sovereignty on a silver platter by creating legislation for the American industry is very dangerous. Other industries are going to see that and expect Canada to do it more often. It is unacceptable and we must stop doing it right now.

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 1:15 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

It being 1:15 p.m., pursuant to an order made Wednesday, February 8, 2012, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

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

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 1:15 p.m.
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Some hon. members

Agreed.

No.

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 1:15 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

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

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 1:15 p.m.
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Some hon. members

Yea.

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 1:15 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

All those opposed will please say nay.

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 1:15 p.m.
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Some hon. members

Nay.

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February 10th, 2012 / 1:15 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:

Pursuant to Standing Order 45, the division stands deferred until Monday, February 13, 2012, at the ordinary hour of daily adjournment.

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 1:15 p.m.
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Conservative

Gordon O'Connor Conservative Carleton—Mississippi Mills, ON

Mr. Speaker, if you seek it, I believe you would find consent to see the clock as 1:30 p.m.