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”.

Bill C-11 (41st Parliament, 1st Session) Committee, on Feb. 14, 2012

Bill C-11 (41st Parliament, 1st Session) Committee, on Feb. 27, 2012

  • Jeremy de Beer, Associate Professor, Faculty of Law, University of Ottawa, As an Individual
  • Samuel Trosow, Associate Professor, University of Western Ontario, Faculty of Law and Faculty of Information and Media Studies, As an Individual
  • James Gannon, Lawyer, McCarthy Tétrault LLP, As an Individual
  • Marc Workman, National Director, Alliance for Equality of Blind Canadians
  • Brian Boyle, Co-President, National, Canadian Photographers Coalition
  • André Cornellier, Chair of the Copyright Committee, Canadian Association of Professional Image Creators

Bill C-11 (41st Parliament, 1st Session) Committee, on Feb. 28, 2012

  • Bill Skolnik, Chief Executive Officer, Canadian Federation of Musicians
  • Don Conway, President, Pineridge Broadcasting
  • Ian MacKay, President, Re:Sound Music Licensing Company
  • Aline Côté, President, Les Éditions Berger, Association nationale des éditeurs de livres
  • Jean Bouchard, Vice-President and General Manager, Groupe Modulo, Association nationale des éditeurs de livres
  • Cynthia Andrew, Policy Analyst, Ontario Public School Boards Association, Canadian School Boards Association
  • Michèle Clarke, Director, Government Relations and Policy Research, Public Affairs, Association of Canadian Community Colleges
  • Claude Brulé, Dean, Algonquin College, Association of Canadian Community Colleges

Bill C-11 (41st Parliament, 1st Session) Committee, on Feb. 29, 2012

  • Stuart Johnston, President, Canadian Independent Music Association
  • Robert D'Eith, Secretary, Board of Directors, Canadian Independent Music Association
  • Janice Seline, Executive Director, Canadian Artists Representation Copyright Collective Inc.
  • John Lawford, Counsel, Canadian Consumer Initiative
  • Janet Lo, Counsel, Canadian Consumer Initiative
  • Jean-François Cormier, President and General Manager, Audio Ciné Films Inc.
  • Suzanne Hitchon, President and General Manager, Head Office, Criterion Pictures
  • Sylvie Lussier, President, Société des auteurs de radio, télévision et cinéma
  • John Fisher, Chief Executive Officer, Head Office, Criterion Pictures
  • Yves Légaré, Director General, Société des auteurs de radio, télévision et cinéma

Bill C-11 (41st Parliament, 1st Session) Committee, on March 1, 2012

  • Tanya Woods, Counsel, Regulatory Law, Bell, CHUM Radio
  • Richard Gray, Vice-President and General Manager, CTV2 and Radio Ottawa, CHUM Radio
  • Michael McCarty, President, ole
  • Nancy Marrelli, Special Advisor, Copyright, Canadian Council of Archives
  • Gary Maavara, Executive Vice-President and General Counsel, Corporate, Corus Entertainment Inc.
  • Sylvie Courtemanche, Vice-President, Government Relations, Corus Entertainment Inc.
  • Mario Chenart, President of the Board, Société professionnelle des auteurs et des compositeurs du Québec, Coalition des ayants droit musicaux sur Internet
  • Solange Drouin, Vice-President and Executive Director, Public Affairs, Association québécoise de l'industrie du disque, du spectacle et de la vidéo, Coalition des ayants droit musicaux sur Internet
  • Jacob Glick, Canada Policy Counsel, Google Inc.

Bill C-11 (41st Parliament, 1st Session) Committee, on March 5, 2012

  • Alain Lauzon, General Manager, Society for Reproduction Rights of Authors, Composers and Publishers in Canada
  • Martin Lavallée, Director, Licensing and Legal Affairs, Society for Reproduction Rights of Authors, Composers and Publishers in Canada
  • Elliot Noss, President and Chief Executive Officer, Tucows Inc.
  • Jean Brazeau, Senior Vice-President, Regulatory Affairs, Shaw Communications Inc.
  • Jay Kerr-Wilson, Legal Counsel, Fasken Martineau, Shaw Communications Inc.
  • Cynthia Rathwell, Vice-President, Regulatory Affairs, Shaw Communications Inc.
  • Stephen Stohn, President, Executive Producer, Degrassi: The Next Generation, Epitome Pictures Inc.
  • Gerry Barr, National Executive Director and Chief Executive Officer, Directors Guild of Canada
  • Tim Southam, Chair, National Directors Division, Directors Guild of Canada
  • Greg Hollingshead, Chair, Writers' Union of Canada
  • Marian Hebb, Legal Counsel, Writers' Union of Canada

Bill C-11 (41st Parliament, 1st Session) Committee, on March 6, 2012

  • Catharine Saxberg, Executive Director, Canadian Music Publishers Association
  • Victoria Shepherd, Executive Director, AVLA Audio-Video Licensing Agency Inc.
  • Mario Chenart, President of the Board, Société professionnelle des auteurs et des compositeurs du Québec
  • Jean-Christian Céré, General Manager, Société professionnelle des auteurs et des compositeurs du Québec
  • Sundeep Chauhan, Legal Counsel, AVLA Audio-Video Licensing Agency Inc.
  • Gerry McIntyre, Executive Director, Canadian Educational Resources Council
  • Greg Nordal, President and Chief Executive Officer, Nelson Education, Canadian Educational Resources Council
  • Jacqueline Hushion, Executive Director, External Relations, Legal and Government Affairs, Canadian Publishers' Council
  • David Swail, President and Chief Executive Officer, McGraw-Hill Ryerson Limited, Canadian Publishers' Council
  • Mary Hemmings, Chair, Copyright Committee, Canadian Association of Law Libraries

Bill C-11 (41st Parliament, 1st Session) Committee, on March 7, 2012

  • Ferne Downey, National President, Alliance of Canadian Cinema, Television and Radio Artists, Recording Artists' Collecting Society
  • Warren Sheffer, Lawyer, Hebb & Sheffer, Recording Artists' Collecting Society
  • Martha Rans, Legal Director, Artists' Legal Outreach
  • Michael Eisen, Chief Legal Officer, Microsoft Canada Co.
  • Jesse Feder, Director, International Trade and Intellectual Property, Business Software Alliance

Bill C-11 (41st Parliament, 1st Session) Committee, on March 12, 2012

  • Robert DuPelle, Senior Policy Analyst, Copyright and International Intellectual Property Policy Directorate, Department of Industry
  • Gerard Peets, Acting Director General, Marketplace Framework Policy Branch, Strategic Policy Sector, Department of Industry
  • Anne-Marie Monteith, Director, Copyright and International Intellectual Property Policy Directorate, Department of Industry
  • Drew Olsen, Director, Policy and Legislation, Copyright and International Trade Policy Branch, Department of Canadian Heritage

Bill C-11 (41st Parliament, 1st Session) Committee, on March 13, 2012

  • Robert DuPelle, Senior Policy Analyst, Copyright and International Intellectual Property Policy Directorate, Department of Industry
  • Mike MacPherson, Procedural Clerk
  • Anne-Marie Monteith, Director, Copyright and International Intellectual Property Policy Directorate, Department of Industry
  • Gerard Peets, Acting Director General, Marketplace Framework Policy Branch, Strategic Policy Sector, Department of Industry
  • Drew Olsen, Director, Policy and Legislation, Copyright and International Trade Policy Branch, Department of Canadian Heritage