Copyright Modernization Act

An Act to amend the Copyright Act

This bill is from 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 has also written a full legislative summary of the bill.

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.

Similar bills

C-32 (40th Parliament, 3rd session) Copyright Modernization Act
C-61 (39th Parliament, 2nd session) An Act to amend the Copyright Act
C-60 (38th Parliament, 1st session) An Act to amend the Copyright Act

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-11s:

C-11 (2022) Law Online Streaming Act
C-11 (2020) Digital Charter Implementation Act, 2020
C-11 (2020) Law Appropriation Act No. 1, 2020-21
C-11 (2016) Law An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities)
C-11 (2013) Priority Hiring for Injured Veterans Act
C-11 (2010) Law Balanced Refugee Reform Act

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”.

Report StageCopyright Modernization ActGovernment Orders

May 14th, 2012 / 6:30 p.m.

Conservative

Jim Hillyer Conservative Lethbridge, AB

Mr. Speaker, the member addressed the question to an MP other than myself, but I will answer it anyway.

Obviously, when a government sets up provisions that allow for a free market, and protects the ability for people to produce and enjoy the fruits of their intellectual property, we do not know the exact number that will result from a free market decision. However, we do know that when we do not protect those intellectual property rights, for example, if we do not protect the rights of software producers to protect their material, they will take their business elsewhere where they have protection.

Report StageCopyright Modernization ActGovernment Orders

May 14th, 2012 / 6:35 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, if one of the member's constituents were to purchase a CD and then take that CD home and it happened to have been digitally locked, should his constituent have the ability to put his favourite song from the CD onto an MP3 player? From a consumer point of view, should he have the right to do that, given that he has already purchased that song?

Report StageCopyright Modernization ActGovernment Orders

May 14th, 2012 / 6:35 p.m.

Conservative

Jim Hillyer Conservative Lethbridge, AB

Mr. Speaker, the answer is no.

Report StageCopyright Modernization ActGovernment Orders

May 14th, 2012 / 6:35 p.m.

Peterborough Ontario

Conservative

Dean Del Mastro ConservativeParliamentary Secretary to the Prime Minister and to the Minister of Intergovernmental Affairs

Mr. Speaker, I want to thank the member for speaking on behalf of a fantastic bill that modernizes the Copyright Act.

There was a question a minute ago about the economic impact of the bill. I just wanted to mention to the member that the film industry said that the cost of Canada's current copyright law is that more than $1 billion a year is being lost. The recording industry said that $900 million a year is being lost. Canada has the second largest entertainment software industry in the world. The entertainment software industry said it is costing hundreds of millions of dollars a year. The chamber of commerce spoke emphatically in support of this bill.

Has the member heard from the chambers of commerce in his riding? Has he heard from employers across the country? Are they ready to start hiring and investing when Canada updates its copyright laws? That is certainly what I have heard. I would like to hear what the gentleman has heard.

Report StageCopyright Modernization ActGovernment Orders

May 14th, 2012 / 6:35 p.m.

Conservative

Jim Hillyer Conservative Lethbridge, AB

Mr. Speaker, as I said in my speech, I have heard a lot of feedback about this bill, most of which has been positive.

A lot of the concerns that I have heard are based on the misunderstandings based on the deliberate feeding of misinformation. Once those misunderstandings were cleared up and people understood what the bill actually does, I received overwhelming support and an overwhelming understanding that it is good for business.

Report StageCopyright Modernization ActGovernment Orders

May 14th, 2012 / 6:35 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I ask my hon. friend from Lethbridge if he would like to reconsider his answer. Anything that is ordinarily legal and a person has a right to have it, that right to have that information under the copyright legislation is in fact a right of the consumer. If someone wrongfully imposes a digital lock, that does not take away that right, but that seemed to be his answer.

Report StageCopyright Modernization ActGovernment Orders

May 14th, 2012 / 6:35 p.m.

Conservative

Jim Hillyer Conservative Lethbridge, AB

Mr. Speaker, it is very simple. I use an online service that provides audio books in a format other than MP3, but I use it because I think it is convenient, even though I cannot put it on my BlackBerry. I do not use another service that puts music in a format that is not MP3 simply because I do not like how restrictive it is. I use another service to get the very same music that I am looking for. No one is required to buy a digitally locked program.

Yes, it is against the law if the terms of the contract state that when purchasers buy it they cannot break the lock.

Report StageCopyright Modernization ActGovernment Orders

May 14th, 2012 / 6:35 p.m.

The Acting Speaker Bruce Stanton

We are resuming debate. I will let the hon. member for Winnipeg North know that I will need to interrupt him about three to four minutes into his speech. Of course, he will have the remaining time when the House next resumes debate on the matter.

Report StageCopyright Modernization ActGovernment Orders

May 14th, 2012 / 6:35 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, Canadians should be aware of what the member for Lethbridge is actually saying.

It was a fairly straightforward question. If a consumer buys a CD at Walmart or a music store and takes that CD home—

Report StageCopyright Modernization ActGovernment Orders

May 14th, 2012 / 6:35 p.m.

The Acting Speaker Bruce Stanton

Order. There is too much noise in the chamber. I would ask hon. members to keep their conversations low so that we can hear the member. I am sure there are other hon. members who would like to hear what the member for Winnipeg North has to say.

The hon. member for Winnipeg North.

Report StageCopyright Modernization ActGovernment Orders

May 14th, 2012 / 6:40 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the person takes the CD home to where there is an MP3 player. The person finds out there is a digital lock on the CD. I asked the Conservative member for Lethbridge if that individual, a potential constituent of his, should be able to put a song from the purchased CD onto an MP3 player which might be used while jogging or doing something of that nature. The member gave a very clear answer. He said no, that constituent would not have the right to transfer the song from the CD that was purchased at a store. A great number of Canadians would be concerned about that.

We cannot blame Canadians for being somewhat confused when the government introduces legislation and on the one hand gives the impression that consumers have nothing to be concerned about, yet on the other hand, government members are telling consumers that they do not have the right to put songs from a legally acquired CD onto an MP3 player to be used when jogging. Canadians would be concerned about that.

We in the Liberal Party recognize the valuable contributions our artists and others make in terms of creating economic activity and ensuring that we have a rich heritage through a multitude of music types and shows. There is amazing talent in every region of our country. We want to protect artists' rights and make sure they are paid for their contributions to Canada.

We are also concerned about consumer rights. We are not going to trade one for the other. We believe that we have to protect the interests of both sides, whether it is a student in university with concerns about this legislation, or a consumer concerned about the comments made by the member for Lethbridge in regard to being able to use the music the consumer purchased.

I see I am running out of time. I will continue my remarks on the next day.

Report StageCopyright Modernization ActGovernment Orders

May 14th, 2012 / 6:40 p.m.

The Acting Speaker Bruce Stanton

The hon. member for Winnipeg North will have seven minutes remaining for his speech, and the usual five minutes for questions and comments, when the House resumes debate on the question.

The House resumed consideration of Bill C-11, An Act to amend the Copyright Act, as reported (with amendments) from the committee, and of the motions in Group No. 1.

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 3:05 p.m.

The Speaker Andrew Scheer

The hon. member for Gatineau has seven minutes to finish her speech.

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 3:05 p.m.

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I am pleased to see that so many members will hear my speech on Bill C-11.

Before question period, I congratulated my colleagues from Longueuil—Pierre-Boucher, Timmins—James Bay and Jeanne-Le Ber, who are very passionate about this issue, and I congratulate them publicly again.

Why are they so passionate about it? I am going to give you a few facts that can sometimes be a little surprising. We often say that the government opposite does not like arts and culture because they are not big business, like oil and gas; arts and culture are not as important.

The Alliance of Canadian Cinema, Television and Radio Artists, or ACTRA, estimates that the arts and culture industries in Canada contribute $85 billion a year to our economy. That represents 7.4% of Canada's gross national income and supports 1.1 million jobs, or about 6% of the Canadian labour force. These industries and the jobs that depend on them can survive only in an environment where intellectual property is protected.

Despite the important contribution of these industries, the average income in 2009-10 for an artist in Canada was only $12,900 a year, which I find very sad. A 2008 report by the Conference Board of Canada indicated that the cultural sector generated approximately $25 billion. We are talking money and taxes. That is three times the $7.9 billion investment in culture by all levels of government in 2007.

How much does the federal government invest in arts and culture? A meagre 1.6% of total government spending.

I was struck by another telling statistic in connection with this entire issue of copyright and the reform of copyright. In 2008, the Statistics Canada survey on household spending found that Canadians spent $1.4 billion on attending live artistic performances, twice as much as on sports events. And we know how much the government opposite likes to talk about sports and how little it talks about arts and culture.

What does such a change mean? When we look at the bill, it seems rather complicated. That is why I strongly disagree with the government's move to once again force the adoption of a time allocation motion. That forces us to shorten the debates and limit my colleagues' speaking time and right to speak here in this House. Most of my colleagues are here for the first time. It is highly likely that this is the first time in their lives they have heard about the Copyright Act.

In the summary of the bill we see that some changes have been made to 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;

We know that the Internet is now a major player when it comes to copyright because a great deal of created material is on the Internet, including movies, music, books, you name it.

The summary also indicates that these changes to the Copyright Act will also:

(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;...

Thus, these amendments to the Copyright Act change many, many things.

The kinds of changes being made to this legislation can be categorized into three main groups: changes defined as sector-specific reforms, compromise provisions, and no-compromise rules regarding technological protection measures.

The NDP is looking to strike a balanced approach. Our party is seeking a balanced system between the rights of creators and those of the public. I hope that all the members of this House want to ensure that the public has access to as much information as possible while protecting copyright, which goes without saying.

With this bill, and with our friends opposite—with whom we are less and less friendly—we get the impression that any efforts have instead focused on meeting the demands of the big owners of American content. They are the big global players in this area. I am referring to film studios, record companies, developers of video games, and others.

Will Canadians one day have a law that meets their needs? That much is not clear, and this legislation will certainly not do the job.

I only have one minute left, which is very little time. I would have liked to discuss a great many things about this bill, which is riddled with shortcomings and defects. Amendments have been proposed, and it is my hope that they will be seriously considered so as to prevent foolish things from occurring. For example, students who are enrolled in distance education because they reside in remote areas would be forced to destroy their notes after a certain number of days.

There are things in the bill that make absolutely no sense. I want to commend those people who work in the area of arts and culture. I particularly salute those people who work very hard for the City of Gatineau and the Maison de la culture de Gatineau, whose board I had the pleasure to chair for a number of years. They do extraordinary work when it comes to disseminating arts and culture. They help new artists, along with well-known artists, to make a name for themselves.

Let us therefore protect artists and, at the same time, ensure that the public enjoys the best possible access to arts and culture.