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Bill C-11 committee  This motion would relate to several provisions in the bill, the first dealing with the proposed notice-and-notice regime with respect to ISPs. In addition to some consequential amendments with respect to numbering, there is a change with respect to the timeframe by which an ISP w

March 13th, 2012Committee meeting

Robert DuPelle

Bill C-11 committee  As we've seen in some of the previous clauses, there is an expansion in relation to the existing exceptions to copyright infringement for persons with perceptual disabilities in terms of who can benefit from the exception. There is a new provision in the bill with respect to the

March 13th, 2012Committee meeting

Robert DuPelle

Bill C-11 committee  With respect, I don't think there was a question for officials to answer.

March 13th, 2012Committee meeting

Robert DuPelle

Bill C-11 committee  We've just confirmed that the language is similar to the language that is used in the user-generated-content provision under clause 22. The user-generated-content provision, like other provisions in the bill, has specific conditions, which were prepared given the context of that

March 13th, 2012Committee meeting

Robert DuPelle

Bill C-11 committee  Could we take a moment to compare the language?

March 13th, 2012Committee meeting

Robert DuPelle

Bill C-11 committee  I am going to briefly describe the conditions that are already in place in the amendment. The exception provides that the individual may use the photograph for private or non-commercial purposes. The photograph in question would need to be one that was commissioned by the indiv

March 13th, 2012Committee meeting

Robert DuPelle

Bill C-11 committee  Can we take a moment?

March 13th, 2012Committee meeting

Robert DuPelle

Bill C-11 committee  Well, in an earlier clause the government proposed an amendment in relation to the rules currently in place for commissioned photographs. Under the current act, there's special treatment with respect to commissioned photographs in terms of who is the first owner of copyright. The

March 13th, 2012Committee meeting

Robert DuPelle

Bill C-11 committee  Unfortunately, I don't have that information handy at the moment, in terms of tracking where it may or may not be used elsewhere. I can say that private or non-commercial is certainly different from personal purposes, and to change personal purposes to private or non-commercial w

March 13th, 2012Committee meeting

Robert DuPelle

Bill C-11 committee  Private or non-commercial suggests more than one possible purpose for the use. It could be private, or it could be non-commercial. The intent behind having a photograph commissioned is simply personal. It would have to be a photograph that was commissioned for personal purposes.

March 13th, 2012Committee meeting

Robert DuPelle

Bill C-11 committee  Well, just to recap, I will cover some of the clauses we have already seen. The bill will provide for further amendments to the existing exceptions related to persons with perceptual disabilities. It's an expansion in terms of who can benefit from the exception. In relation to

March 13th, 2012Committee meeting

Robert DuPelle

Bill C-11 committee  Clause 18, specifically proposed new subsection 27(2.1), would provide for greater certainty that a copy made outside Canada does not infringe copyright in terms of secondary infringement “if, had it been made in Canada, it would have been made under a limitation or exception” in

March 13th, 2012Committee meeting

Robert DuPelle

Bill C-11 committee  With respect to digital locks that are applied to material, there is a specific carve-out in relation to persons with perceptual disabilities. I believe it's under section 41.16, under clause 47 of the bill.

March 13th, 2012Committee meeting

Robert DuPelle

Bill C-11 committee  This is a series of technical amendments that amend clause 35, which provides safe harbour provisions for Internet service providers. Specifically, there are three safe harbour provisions: for mere conduit services; for caching services, which is copying done for network efficie

March 13th, 2012Committee meeting

Robert DuPelle

Bill C-11 committee  There's nothing specific in the bill that would suggest there's a double payment. It would depend on the facts of a given case. To the extent that an entity providing a service is able to benefit from the hosting safe harbour under clause 35, which would be amended by Liberal 1

March 12th, 2012Committee meeting

Robert DuPelle