Copyright Bill Defended As Commons Committee Takes Over

First Posted: 02/16/2012 6:13 am Updated: 02/16/2012 6:13 am

Canada’s copyright legislation is taking a very different path from controversial U.S. legislation that drew widespread protests, Canadian Heritage Minister James Moore said Wednesday.

In an interview with CBC News the week a special committee set up its schedule for examining the bill, Moore said the government has rejected the aggressive approach the American government tried to take with the Stop Online Piracy Act.

Observers have said they’re not opposed to much of bill C-11, the act to amend the copyright act, but they fear lobbying could convince the Canadian government to take a more aggressive approach.

"This is a very different path," Moore said, pointing out each country has different consumer and cultural pressures affecting its legislation. "We’ve rejected the American style approaches on massive parts of our legislation."

"SOPA was about an international pursuit of piracy with pretty aggressive means that our government is not considering in our copyright bill."

One example, he said, is that the Canadian legislation would bring in "notice and notice," where an internet provider would notify rights infringers on behalf of the content creator. The U.S. bill has "notice and takedown," where a creator complains and the service automatically removes the content.

Concern limited to digital locks

Steve Anderson, spokesman for Openmedia.ca, which advocates for open and affordable internet access, says the group is satisfied with much of the legislation, but is concerned about the digital locks provisions.

The legislation allows for content owners to copy from one device to another, but makes it illegal to break a digital lock if the content creator has used one.

"That just prevents people from accessing their own services and from accessing legal content," Anderson said.

"It’s a really easy change for them to make, which is basically just allowing Canadians to remove digital locks, to circumvent digital locks, when they’re accessing content legally. I think that’s a pretty common sense thing to allow."

NDP MP Charlie Angus, the party's critic on copyright and digital issues, says there are major problems with the bill, and he wants to hear from artists and consumer groups.

"The digital lock provisions are very problematic. They will interfere not just with the legal rights of Canadians but will interfere with the ability of education, of digital development," Angus said.

Moore said despite the criticism, nobody has offered an amendment for the digital locks provision. He said it’s up to the creative industries to decide how they want to handle the locks.

"I think the market forces on this are working. As you know in the music industry there are very few digital locks," he said, although the video gaming industry uses them more.

"These kinds of market forces are working and we want the government to allow those market forces to work. But we do believe that those who want to protect what it is that they’ve invested in should be able to protect it from those who want to hack and steal from them."

The legislation provides for reconsideration after five years. So, Moore said, if MPs aren’t happy with how the legislation works in practice, Parliament can take another look at it.

A special committee set up to examine the legislation is meeting Thursday to determine a preliminary list of witnesses to invite. MPs have agreed to examine the bill clause-by-clause by March 14 and end the study by March 29 to report back to the House of Commons.

With the week of Feb. 20 a break week for Parliament that means there are just 2½ weeks to study the legislation.

Loading Slideshow...
  • Digital Locks

    The Copyright Modernization Act, Bill C-11, will allow Canadians to copy content from one device to another, such as from a CD to a computer or an iPod. This provision, however, does not apply to content protected by a digital lock, which is any technological measure, such as encryption or digital signatures, that rights holders use to restrict access to or prevent the copying or playing of CDs, DVDs, e-books, digital files and other material. (Ryan Anson/AFP/Getty Images) <em>Slides use files from CBC</em>

  • Non-Commercial Recording

    The act will allow Canadians to record television, radio and internet broadcasts and listen to or view them later on whatever device they choose but not for the purposes of building up a library or for commercial use. This provision does not extend to content that is offered "on-demand" (streamed video, for example) or protected by a digital lock.

  • Backups

    The act will allow Canadians to make a backup copy of content to protect against loss or damage -- again unless that content is protected by a digital lock or offered as an on-demand service.

  • Mash-Ups

    The act will allow Canadians to incorporate legally acquired copyrighted content into their own user-generated work, as long as it's not for commercial gain and does not negatively impact the markets for the original material or the artist's reputation. An example would be the posting of your own mash-up of a Lady Gaga song and, say, a Beyoncé number on YouTube. (Photo by Ethan Miller/Getty Images for Clear Channel)

  • Education

    The act will allow Canadians to use copyrighted content for the purposes of education, satire or parody. This expands what is known as the fair dealing provisions of the existing law -- which until now covered only research, private study, criticism and news reporting. (Photo credit should read JOHN MACDOUGALL/AFP/Getty Images)

  • Book Burning?

    The act will allow Canadians to copy copyrighted material that is part of an online or distance learning course in order to listen to or view it at a later time. Under this provision, teachers can provide digital copies of copyrighted material to students as part of the course but only if they and the students destroy the course material within 30 days of the end of the course. Teachers are also expected to take reasonable measures to prevent the copying and distribution of the material other than for the purposes of the course. Critics have referred to this part of the Act as the "book burning" provisions. (Flickr: pcorreia)

  • Librarians

    The act will allow librarians to digitize print material and send a copy electronically to users, who can view the material on a computer or print one copy. (Photo by Matt Cardy/Getty Images)

  • Disabled People

    The act will allow consumers who are disabled to adapt copyrighted material to a format they can more easily use. (Pierre-Henry DESHAYES/AFP/Getty Images)

  • Banned Tech

    The act will prohibit the manufacture, importation and sale of technologies, devices and services designed primarily for the purpose of breaking digital locks. This includes technology designed to allow you to play foreign-bought DVDs on your North American player, for example.

  • Breaking Locks

    The act will prohibit the circumventing of digital locks, even for legal purposes -- such as the education or satire uses protected by other sections of the Act. This is one of the most controversial parts of the legislation. Many experts have criticized the government for not including an exemption that would allow for the bypassing of digital locks for legitimate purposes, such as the copying of parts of digitally locked textbooks to view on another device or for use in an assignment.

  • Piracy

    The act will require internet service providers to notify their customers that they are violating the copyright law if a copyright holder informs the ISP of possible piracy. The ISP is required to retain "relevant information" about the user such as their identity, and that information could potentially be released to the copyright holder with a court order.

  • ISP Liability

    The act will exempt ISPs and search engines from liability for the copyright violations of their users if they are acting strictly as intermediaries in the hosting, caching or communication of copyrighted content.

  • Sharing Sites

    The act will prohibit a person to provide a service over the internet or another digital network that the person "knows or should have known is designed primarily to enable acts of copyright infringement." This clause is targeted at websites created for the purpose of distributing copyrighted content, such as the many popular peer-to-peer file-sharing sites used to swap video and audio, and is meant to "make liability for enabling of infringement clear."

  • Commercial vs. Personal

    The act will differentiate between a commercial violation of copyright law and an individual violation. Individuals found violating the law could be liable for penalties between $100 and $5,000, which is below the current $20,000 maximum.

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Canada’s copyright legislation is taking a very different path from controversial U.S. legislation that drew widespread protests, Canadian Heritage Minister James Moore said Wednesday. In an inte...
Canada’s copyright legislation is taking a very different path from controversial U.S. legislation that drew widespread protests, Canadian Heritage Minister James Moore said Wednesday. In an inte...
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10:17 AM on 02/21/2012
Stephen Harper, John Baird, Rob Nicholson and Vic Toews should be tarred and feathered, then banished from Canada!
11:50 AM on 02/21/2012
Hey laughingman do any of you kids ever (ever) have an original thought or idea? You posted the exact same sentence on manic-mikes messy site a few hours ago. Or do you actually consider this non-stop trolling of cut n paste forwarding thinking?
04:55 PM on 02/17/2012
Mools:
You say: "I think it is a pretty giant stretch to equate safety laws like speed limits, to laws that are intended to enrich corporatio­ns while restrictin­g consumers rights."

In August Google (a corporation) paid $500 million dollars to settle a criminal case into the search engine giant’s active promotion of rogue foreign pharmacies that sold counterfeit and illegal drugs to patients. Endangering the health and well being of millions of people. (the consumers you seem to care so deeply about?)

You say: "And to use little more than "well, that's the law and if you complain about it you are ignorant and childish" is pretty weak."
What's weak are your attempts to remove sentences from the original context to support your personal and ignorant views.
So once again what I found ignorant and childish was the comment you made and again I'll quote:
"I don't care what the law states. I am against the law as it exists as well as this new bill."

You then continue with this: "Many feel this bill over reaches and does little to protect consumers." Over-reaching? How? Or has the blog you cut and paste from not posted a response yet? Reality is, many people only heard of Copyrights a few weeks ago when google went on their tirade.

Read the Bill, and have someone with a background in Copyrights/Intellectual Laws explain it to you. Your personal understanding is what's weak not the Bill.
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HUFFPOST SUPER USER
djelimon17
what's this thing for?
06:51 PM on 02/16/2012
No digital unlocking means the death of CDs. Why? Everyone listens to music on mp3 players. Under this bill you can't buy a cd and make mp3s for your mp3 player because you'll break the lock.

Which is bogus since i dont even think they make portable cd players anymore.
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HUFFPOST SUPER USER
canoeal
Wooden Boatbuilder, Hab 3:17-18
03:52 PM on 02/16/2012
Sounds like a better system than SOPA....
01:43 PM on 02/16/2012
This is a total and complete straw man fallacy. Nobody is saying that this bill is exactly like SOPA. What they are saying is that is is bad and a step in the completely wrong direction like SOPA was.

The reality is that copyright already far extends beyond its original intent and is now little more than legislation meant to protect corporate profits and restrict consumer rights. It has lost any actual protections for artists or creators or new works. So as far as I'm concerned, any attempt to INCREASE copyright protections is already a bad idea. We need legislation to protect consumers and users.

All this bill does is legalize corporate over reach. How? Corporations now just have to put even the weakest, most rudimentary "lock" any anything sold in Canada and viola! Suddenly you have zero rights to even copy your own CDs onto your ipod without becoming a criminal. And by lowering fines for individuals, it actually makes it easier for corporations to press charges against individuals because the burden of proof for them has suddenly been dramatically lowered. Further, definitions used in this bill to pass it off as being consumer friendly are so vague that they are essentially meaningless. For example, I can copy certain non-locked materials for my own use so long as I'm not building a library. Who defines library? How many items constitute a library? Corporations must prove "damages" before they take action, but what constitutes "damages"?
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canoeal
Wooden Boatbuilder, Hab 3:17-18
03:55 PM on 02/16/2012
Not true according to the article:
"The legislation allows for content owners to copy from one device to another, but makes it illegal to break a digital lock if the content creator has used one."
Hmm...
10:43 AM on 02/17/2012
Uhmm....so how can content owners copy from one device to another legally IF a digital lock is on that content preventing any form of copying?

See my point now?
11:09 AM on 02/17/2012
Mools - like a great many people commenting on Copyright/Intellectual Property Rights you have misunderstood some important facts regarding ownership.
When we buy a CD/DVD/E-Book we DO NOT buy the copyrights; we are granted a non-exclusive limited license to listen to the music/watch the movie or read the book, we do not have any legal rights to copy and make public Uses of the Works.
We bought the plastic and metal not the Copyrights. The idea that the creative content is now ours to Use and share as we see fit because we purchased the package that contains the content is completely false.
What I find most ironic (and very hypocritical) is that the same people screaming that their "Rights" are being violated want the Government to remove the Rights of companies to decide what they feel best to do with their property; you don't like DRM then don't buy DRM.
Make your own movies and music, write a book to share freely over the World Wide Web with a Creative Commons license attached.
If you read the Bill (after reading your comment I think it unlikely) then you would find it to a well thought out Bill and is without a doubt more user-friendly than most other Copyright Bills globally.
11:53 AM on 02/17/2012
I am already well aware of copyright rules and law. Just as I am aware that the exemptions to the law (ie. fair use, parody, etc) are already so vague as to be completely meaningless. You can do a basic google search of cases even in Canada where people LOST copright lawsuits despite very clearly following "fair use" policy.

You have completely missed my point. I don't care what the law states. I am against the law as it exists as well as this new bill. That is the point. The original intent of copyright law was to give creators of new works a window of opportunity to profit off that work. The concern at the time was why would anyone create a new work if someone could just copy and sell it themselves right away. Modern copyright law is not designed to protect creators anymore. It is intended to create corporations who want to own and control content for ever, whether or not they even plan on selling it themselves. It protects "right holders" who in the majority of cases aren't even the creators anyay.

Sorry, but I couldn't disagree with you more. Existing law already extends way beyond its actual intended purpose, harms consumers and in many cases, even discourages people from creating new works in many cases. Further strengthening it only makes bad legislation worse and only harms consumers more for corporate profit.
01:45 AM on 02/18/2012
I like my 5000 vinyl records because I can play them forever and lend them to friends to play. I have a friend from England whose CDs and DVDs won't play here.HE DIDN'T KNOW THAT WHEN HE BOUGHT THEM. He has to buy them again. I have a daughter who can't transfer her purchased music from her old favorite device to her new one.SHE DIDN'T KNOW THAT WHEN SHE PURCHASED HER DOWNLOADS.My son makes Apps for his own phones which this proposed law may make illegal for him to "break manufacturers locks" to put on his own phone. We all prepay a royalty on every blank Cd and DVDsold to compensate copyright holders for "their" materials even if we've never copied their materials ever and never intend to. MISSING FROM THIS "PROTECTION" LAW is a clause requiring manufactures to state in BIG PRINT what locks and restrictions are being incorporated into their products (as big as cigattes warnings) SO WE CAN CHOICE PRODUCTS that have the least restrictive locks if that concerns us. [ Let the buyer decide ]. And since "locks and legal use/copying restrictions" will be reflected in the price of the material the ROYALTIES on blank Cds and DVDS should be ended the day this law is passed . Fair is fair. If we can't copy why prepay a royalty on copying we can't do.
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Norma Ward
07:34 AM on 02/16/2012
What is rather concerning about this whole issue is that the United States, through the annual report of the United States Trade Representative, is attempting to force other nations around the world, including Canada, to implement anti-piracy legislation as shown here:

http://viableopposition.blogspot.com/2011/06/piracy-and-counterfeiting-us-trade.html

Apparently, America's entertainment industry's agenda knows no geographic boundaries and the Harper government is proving itself to be incapable of an original thought when it comes to this issue.
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HUFFPOST SUPER USER
canoeal
Wooden Boatbuilder, Hab 3:17-18
04:09 PM on 02/16/2012
Mind your own people Washington...Keep your own from breaking laws, and being amoral examples. When you get your own House *and Senate and Exectutives in order MAYBE someone will listen until then,
“Why do you look at the speck of sawdust in your brother’s eye and pay no attention to the plank in your own eye? 4 How can you say to your brother, ‘Let me take the speck out of your eye,’ when all the time there is a plank in your own eye? 5 You hypocrite, first take the plank out of your own eye, and then you will see clearly to remove the speck from your brother’s eye. Matthew 7:3-5