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”.

Marketing Freedom for Grain Farmers ActGovernment Orders

October 20th, 2011 / 4:35 p.m.


See context

NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, I thank the hon. member for the question. I think the government is continuing to ignore the very people most affected by this. This reminds me of Bill C-11, where the people most concerned are being completely ignored. The same thing is happening with Bill C-18. The people most affected are being ignored.

The Conservatives think they are the only ones who can speak for all farmers, and that is simply not true. The fact that they are ignoring the plebiscite that was held proves that they are not listening to all farmers.

Business of the House

October 20th, 2011 / 3:05 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I welcome the new official opposition House leader. I had a surprisingly positive and constructive relationship with his predecessor. I say “surprisingly” because some people were skeptical that we would work well together, but indeed we did so in a very genuine way. I am very optimistic that the same will continue with the new official opposition House leader. He has proven himself always to be an individual of very fine comportment so I have great optimism about that.

I would like to thank the member for Windsor—Tecumseh for his question, and now in response to his question, I would point out that the government's top priority continues to be creating jobs and economic growth.

In that regard, I am pleased to say that we have had a productive week so far in the House. On Monday, we passed the Keeping Canada's Economy and Jobs Growing Act and sent it to committee.

This very important bill includes vital measures that Canadians need and expect our government to implement, including a tax credit for small businesses that create jobs, extension of the accelerated capital cost allowance for businesses that invest in manufacturing equipment, and much, much more.

Unfortunately, I was surprised that the opposition voted against these positive economic measures. However, we can hope for better in the future.

Then, on Tuesday, we began debate on the Copyright Modernization Act, an important and long-needed bill that will boost Canada's cultural and digital economies.

Unfortunately, members opposite unveiled tactics to delay this bill and the important benefits it would bring to Canada's economy.

In the previous Parliament, that bill had passed second reading after just under seven hours of debate. I hope the opposition will reconsider and allow that to happen this time around.

Nevertheless, tomorrow the House resumes debate on Bill C-11. As I already mentioned, hopefully the opposition will see the wisdom in letting the bill get back to a committee for study and clause-by-clause review.

Yesterday, we began debate on the marketing freedom for grain farmers bill. Again, this is a bill that will have real economic benefits for Canada, especially for the economy of western Canada. It is also a bill which offers members a clear-cut choice, either for marketing freedom or for the continuation of the seven decade monopoly. We are looking forward to a good focused debate on this important platform commitment of ours.

Again, however, we are surprised that we are seeing efforts to prevent this bill from moving forward with a motion to adjourn the debate. We heard some bells yesterday.

We will continue debating the bill this afternoon. The third and final day of debate on the bill, following the motion adopted by the House this morning, will be Monday, October 25.

The next allotted day will be Tuesday, October 26. For the business of the House beyond next Tuesday, I will apprise my counterparts at the earliest opportunity.

CopyrightOral Questions

September 29th, 2011 / 3 p.m.


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Port Moody—Westwood—Port Coquitlam B.C.

Conservative

James Moore ConservativeMinister of Canadian Heritage and Official Languages

Mr. Speaker, we introduced a bill that is fair to everyone, both creators and consumers. What artists across the country need right now is copyright legislation that will make piracy illegal in Canada. That is what Bill C-11 will do.

We are also imposing the WIPO Internet treaties. Many aspects of this bill protect the interests of Canada's artists, ensure that our economy continues to recover, and ensure that we are creating employment and investments here in Canada for everyone, including creators.

CopyrightOral Questions

September 29th, 2011 / 2:55 p.m.


See context

Port Moody—Westwood—Port Coquitlam B.C.

Conservative

James Moore ConservativeMinister of Canadian Heritage and Official Languages

Mr. Speaker, as we said in the campaign and in the throne speech, the focus of our government this fall is on economic growth and ensuring there is job growth as well. That is why we have tabled our copyright reform legislation.

Bill C-11, the copyright modernization act, balances the interests of consumers and creators with the central goal of drawing investment into Canada, protecting jobs and ensuring that we move forward.

The Canadian Chamber of Commerce agrees with our bill. It said that this bill “lays the foundation for future economic growth and job creation”. Françoise Bertrand of le Fédération des chambres de commerce du Québec said that this bill is “critical to ensuring a competitive and stable business environment in Canada”.

This bill has been tabled and we hope for its adoption. We hope for the opposition's support for Canadian jobs.