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”.

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:30 p.m.

Conservative

Peter Braid Conservative Kitchener—Waterloo, ON

Madam Speaker, I rise today to speak about the importance of Bill C-11, the copyright modernization act, and its important role in creating a modern, dynamic, 21st century intellectual property framework.

Intellectual property affects all sectors of our economy. It comprises, among other rights, patents, trademarks, industrial design, and today's subject, of course, copyright. The logo on our baseball hat, a new and innovative drug, a work of art, a video game for our PlayStation, a song for our iPod or BlackBerry, all of these are rooted in intellectual property. That is why protecting IP is so important for consumers who demand better products, for businesses that create them and for our economy that grows as a result.

Let me take a few moments to expand on some of the main forms of IP and what they mean. Copyright protects the expression of ideas and applies to all original literary, dramatic, musical and artistic works and computer programs. Our copyright regime ensures that only the copyright owner is allowed to produce or reproduce the works, or allow someone else to do so. Through Bill C-11, our government would modernize this regime to ensure that it is relevant and responsive in today's digital world.

Patent rights enable inventors to create a market space in which to make, use or sell their invention in Canada.

Trademarks enable businesses to identify themselves using words, designs and other means. Trademarks ensure that products are what they say they are, which is essential for informed consumer choice.

As we move forward with the modernization of our copyright framework, it is useful to reflect on the important role that IP has played, and continues to play, in our economy. Certainly, as member of Parliament for Kitchener—Waterloo, the centre of innovation in Canada, I understand and appreciate the important role of IP.

Why do we have rights protecting IP? Protecting IP ensures that a person's idea, a company's product or an artist's creation has an economic value, and it allows its owners to earn from their creations. By providing temporary exclusive rights, IP protection creates incentives to innovate and inspires creativity. At the same time, by providing limitations to these exclusive rights, Canada's IP regime provides for access and supports the dissemination of knowledge. In short, IP protection prevents competitors from copying or closely imitating products or services, and allows businesses to bank on potential returns on investment. This creates economic growth, jobs and prosperity across the country.

IP preserves the competitive edge that a business or a person acquires through research and development and marketing, inventiveness or creativity. It allows dynamic entrepreneurs to answer unsatisfied market domain or open up new market frontiers. It allows businesses to develop goodwill through branding strategies that help them retain customers by ensuring that a brand is consistently associated with a level of quality of products or services.

In addition to protecting ingenuity and creativity, IP helps instill trust, confidence and loyalty in consumers. All of us in the House no doubt know and trust many Canadian products. IP protection ensures that these brands are protected against piracy and counterfeit.

In the digital age where data and information can travel around the world in the blink of an eye, the role of IP has never been greater. That is why now, more than ever, Canadian companies are concerned not only about the nature of the rights that are granted, but also about the effectiveness of their enforcement, both here in Canada and abroad.

That is why Canada signed the anti-counterfeiting trade agreements in October 2011, demonstrating our commitment to combatting the trade in counterfeit and pirated goods.

I am proud of our government's introduction of the copyright modernization legislation, which is before us today. This bill would strengthen copyright protections and modernize our copyright regime to bring it in line with international standards and with the realities of the digital age. Specifically, it would provide a clear framework for businesses to be able to protect their creative content, reach new markets, reinvest in further innovation through the development of new business models, and combat infringement in a digital environment, particularly online piracy.

This bill would implement the rights and protections that are set out in the World Intellectual Property Organization Internet treaties which were signed in 1997 and never ratified here in Canada. For too long we have been outside the consensus on modern protections for IP. With this bill, that would no longer be the case.

The bill would provide legal protection for businesses that choose, choose being the operative word, to use digital locks to protect their intellectual property as part of their business models. It would also give copyright owners the tools to pursue those who wilfully and knowingly enable copyright infringement online, such as operators of websites that enable illegal file sharing.

Rights holders would also benefit from legal protection for rights management information. For example, these provisions would prevent the removal of a digital watermark for the purposes of facilitating infringement. The bill would give innovative companies the certainty they need to develop new products and services that involve legitimate uses of copyright material.

Software companies would be allowed explicitly to engage in encryption research, security testing, compatibility testing and reverse engineering. This would support the growth of a competitive third party software market in Canada, spurring follow-on innovation. It would make clear that temporary reproductions made during a technological process are not a violation of copyright.

Finally, the bill would clarify the roles and responsibilities of intermediaries, such as ISPs and search engines. Copyright modernization is a major element of the intellectual property regime in Canada. In this digital age, it is vital that we act now to pass Bill C-11.

Modern copyright is a springboard for a growing digital economy and the foundation for any future digital economy strategy. In passing this bill, we would enhance Canada's innovative capacity, create the necessary environment for growth in our dynamic innovation-driven industries and foster Canadian creativity. All of this would mean jobs, growth and long-term prosperity, something that all members of this House should welcome.

I urge all hon. members to join me in supporting this bill and ensuring that the copyright modernization legislation can proceed to the Senate.

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:40 p.m.

NDP

Denis Blanchette NDP Louis-Hébert, QC

Mr. Speaker, I would like to thank my colleague for his speech. He is a member of the Standing Committee on Government Operations and Estimates.

I really liked what he said in his speech because he talked about the government's true intention, which is to make the focus of this legislation intellectual property and commercialization. In the context of this debate, it just so happens that the English term and the French term do not mean exactly the same thing. In English, “copyright” is the right to copy, while in French, “droit d'auteur” is the creator's right to compensation. There are certainly differences between the two.

My point is that I agree we should respect copyright holders. However, there may be a problem in terms of compensation for creators, but he did not have much to say about that.

I would like him to tell us what he thinks of this bill, knowing that creators will earn less as a result.

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:40 p.m.

Conservative

Peter Braid Conservative Kitchener—Waterloo, ON

Mr. Speaker, the member's final comment is simply not the case. There are mechanisms in Bill C-11 that would ensure all creators, authors, musicians, artists, software designers, computer programmers, are all properly compensated for their work.

In Canada, we want to ensure that the range of industries that would be impacted by the bill continue to thrive and flourish and, with Bill C-11, that would certainly be the case. We have heard that at numerous committee meetings and from a range of witnesses who appeared before us. It is time to get the bill passed.

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:40 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we in the Liberal Party recognize how important it is to ensure that there is fair compensation. We understand and we appreciate the degree to which creators and artists from coast to coast to coast contribute to our economic well-being. They play an important part in terms of economic activity in many different ways.

However, I am sure can the member appreciate that, through the committee process, a great number of amendments were proposed that would have improved the legislation and would have ensured that there was more balance in the legislation. Why, time and time again, did the government refuse to look at amendments that would have improved this legislation? Why did it ignore the amendments? Many of the stakeholders who made presentations supported those amendments.

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:45 p.m.

Conservative

Peter Braid Conservative Kitchener—Waterloo, ON

Mr. Speaker, the fact is that balance has been achieved with this legislation. There have been extensive consultations across the country before two special legislative committees. It was critically important that the bill achieved balance between consumers and creators and that balance has been achieved.

Speaking of the Liberal Party, John Manley said, “...overall the Copyright Modernization Act reflects an appropriate balance among the needs of creators, distributors, consumers and society as a whole...”.

For that reason, I encourage members of Parliament to move forward with this as expeditiously as possible. I could not agree more.

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:45 p.m.

The Acting Speaker Barry Devolin

It being 5:45 p.m., pursuant to order made earlier today, 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 Motion No. 1. Is it the pleasure of the House to adopt the motion?

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:45 p.m.

Some hon. members

Agreed.

No.

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:45 p.m.

The Acting Speaker Barry Devolin

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

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:45 p.m.

Some hon. members

Yea.

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:45 p.m.

The Acting Speaker Barry Devolin

All those opposed will please say nay.

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:45 p.m.

Some hon. members

Nay.

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:45 p.m.

The Acting Speaker Barry Devolin

In my opinion, the nays have it.

And five or more members having risen:

The division on Motion No. 1 stands deferred.

The next question is on Motion No. 2. Is it the pleasure of the House to adopt the motion?

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:45 p.m.

Some hon. members

Agreed.

No.

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:45 p.m.

The Acting Speaker Barry Devolin

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

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:45 p.m.

Some hon. members

Yea.