Canada Copyright Bill C-11 Returns With Changes For Final House Vote

First Posted: 03/14/2012 7:20 pm Updated: 05/14/2012 5:12 am


A bill that will update Canada's copyright laws is heading back to the House of Commons with amendments as early as Thursday morning — but without the changes opposition MPs had hoped for.


That puts bill C-11 one step closer to becoming law, with two remaining votes in the House before it moves to the Senate.


Glenn Thibeault, the chair of the special committee that looked at the legislation, said he plans to present the report as soon as possible, which would be Thursday when House business begins. The committee finished its clause-by-clause reading of the bill Tuesday, accepting eight changes from government MPs but defeating all amendments suggested by the NDP and Liberals.


Steve Anderson, national co-ordinator of Openmedia.ca, a national campaign for open and low-cost internet, says the bill is a win for consumers over all, but the group is still concerned about how the legislation handles so-called digital locks on copyrighted content. C-11 makes no provisions to allow consumers to break digital locks on material they've bought.


Opposition MPs tried to exempt users who break locks for lawful reasons, to make a backup copy for example, but Conservative MPs wouldn't budge.


Anderson says there were groups lobbying for stricter provisions, like access to subscriber data from internet service providers or the ability to terminate internet service for first-time offenders who are convicted of violating the copyright law, and he's pleased those changes didn't make it into the bill.


"Until the bill is passed we'll certainly be encouraging the government to consider especially removing the digital locks provision or just altering it so that it's more fair to Canadians... and certainly we'll be encouraging Canadians to speak out," he said.


"The fact that the digital locks provisions weren't revoked, I think it's a step backwards in terms of our free expression and open access to communications."


Canadian Heritage Minister James Moore has defended the digital locks provision, arguing it's up to content producers whether they want to put locks to their material. Creators working in music, for example, tend not to use the digital locks while video game producers use them more widely.


Related on HuffPost:

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  • 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.

FOLLOW HUFFPOST CANADA POLITICS

A bill that will update Canada's copyright laws is heading back to the House of Commons with amendments as early as Thursday morning — but without the changes opposition MPs had hoped f...
A bill that will update Canada's copyright laws is heading back to the House of Commons with amendments as early as Thursday morning — but without the changes opposition MPs had hoped f...
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10:47 AM on 03/17/2012
Send a message... http://openmedia.ca/lockdown
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HUFFPOST COMMUNITY MODERATOR
temenos
castigat ridendo mores
05:15 AM on 03/18/2012
Just signed and submitted.
03:55 PM on 03/18/2012
SIGNED!
01:45 AM on 03/16/2012
can anyone please tell me if cellphone unlocking is apart of this bill? if so will they or have they made it illegal to unlock a cellphone?
12:31 PM on 03/15/2012
This wouldnt piss me off so much if damn antiquated Canadian content laws would allow companies like Pandora and Hulu to work in Canada. Would be happy to stream all my media if I could only have access to it. This bill is designed to force people away from online media and go back to paying for cable and buying CD's.
12:08 PM on 03/15/2012
My answer to this would be don't buy any content with digital locks. Vote with your wallet. Great way to save money. If they want to play hardball with the consumer, the consumer should play hardball right back.
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HUFFPOST SUPER USER
Francmon
Homo homini lupus
10:49 AM on 03/15/2012
This is just one more way the Cons are twisting Canada into something we soon will not recognize.
When we finally get to the next federal election, in 2015-16, there will not be a single Canadian left in this country who will be able to honestly say that he is proud to be a Canadian, as this would also mean he would be proud of what Canada has become, under Harper's rule. Proud of having been "deCanadianized" and Americanized to the point where we no longer know who we really are...
Sad...
HUFFPOST COMMUNITY MODERATOR
canobserv
12:19 PM on 03/15/2012
seems we got a Bush mini-me after all....
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HUFFPOST SUPER USER
Francmon
Homo homini lupus
01:23 PM on 03/15/2012
Scary... But you are right: Harper really seems to emulate the US Republicans. Question is: what happens when Mini-Bush-Harper finds that US Republican reform strategies do not meet Canadians' beliefs in freedom and democracy? Does he disappear and leave us with a whole country to rebuild? Or will he reinvent himself and his concept of Canada and push even more strange thoughts for us to adopt? The latter option is VERY possible, given that he still has until 2015 to bask in his majority.
10:42 AM on 03/15/2012
I imagine its time for me to go offline permanently. Too much loss of privacy. Corporations and the all knowing and seeing cons. govt. police know all my business. All the online petitions, letters to my cons. m.p, and p.m. seem all for naught. Paranoia and depression are ruling and ruining my life.

Argggh my head is spinning, I got online withdrawal already, I can't stand knowing whats not going on.
09:03 AM on 03/15/2012
The didgital locks means you CANNOT make ANY copy of ANYTHING digital you have purchased which has copy protection on it. If YOU make a copy of the software you bought, or the CD you bought, YOU are a CRIMINAL.

Are they removing the extra charge on all blank media which gets paid to the artist? As we will not be able to copy anything why should anyone make extra money from it? As this Bill passes many Canadians become criminals.
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HUFFPOST SUPER USER
djelimon17
what's this thing for?
11:56 AM on 03/15/2012
Apparently most CDs don't have DRM. I never realized this. So copying non DRM CDs to your HDD using iTunes is okay because iTunes doesn't work on DRM protected discs.

No more backing up your purchased DVDs though.

Although one conservative MP opined that the movie companies probably wouldn't bother going after private citizens backing up their DVDs
03:57 AM on 03/15/2012
So much for canada being "progressive"
With all this persecution, its like they like being called "America Lite"
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Add In Canadia
Egotism is a weakness
03:28 AM on 03/15/2012
I feel companies have a right to protect their assets from theft, but since I don't consume any of their drivel I don't feel that strongly about the bill. I think it's stupid and a waste of resources on a whole, but if people would just stop supporting the companies that pressure our politicians to create these pieces of legislation we wouldn't have to deal with any of it because they'd be out of business.

The only thing that worries me is "fair use" because a lot of people use bits and pieces of copyrighted material to create new content, but these entities are so uptight that if you use even a second of their stuff they want to sue you.

In the end I just recommend not buying things through distributors. Case in point, I recently paid $5 for Louis CK's comedy special. The money went directly to him (minus the amount PayPal takes), and he got over a million dollars from it because his fans were willing to pay for it. The price point was low, and all the money went to him; not some middle man. All he did was ask his fans not to steal it, and the responded to that.

If the stuff individuals is good, people will pay money for it; but modern distribution models don't care about the quality of content in the slightest, and they just want everyone to buy their garbage and blame the Internet when it doesn't sell.
11:56 PM on 03/14/2012
I want to say, 'I hope this doesn't get passed,' but I'm starting to wonder what's the point?
11:01 PM on 03/14/2012
Four more year of Harper BS, the prisons are going to very full. This a majority government that keep pass legislation that will keep us in the stone age, while the rest of the world moves on.
HUFFPOST SUPER USER
Tyler Austin
Women = people. Corperations ≠ people.
10:00 PM on 03/14/2012
This 'copy right law' means that all of us who have downloaded free movies can be sent to hard time jail the same way as any 16 year old caught with a gram of pot.
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HUFFPOST SUPER USER
Steve Lives
The Venus Project ... look it up
07:53 PM on 03/14/2012
Harper is out of his cotton picking mind. It seems he works for the corporations, not the people of Canada. Seems he is looking for every way possible to fill his new prisons. It is going to be a long 4 years.
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Poster999
A promise made is a debt unpaid.
08:25 PM on 03/14/2012
Very long!