On September 29, 2011, the Honourable Christian Paradis, Minister of Industry, and the Honourable James Moore, Minister of Canadian Heritage and Official Languages, announced the reintroduction of the new copyright legislation in the House of Commons. The new legislation entitled, the Copyright Modernization Act, Bill C-11 is expected to be substantially similar to the previous version introduced in June 2010. Committee meetings with respect to the previous version, Bill C-32 were interrupted in March, 2011 due to the last federal election.
The government states that the provisions found in the new bill will include: alignment with World Intellectual Property Organization (WIPO) Internet treaties; provide copyright owners with greater ability to combat piracy; clarify the roles of ISPs and search engines; encourage innovation through exceptions for technical computer processes; provide technological protection measures or “digital locks” (digital locks on DVDs, CDs, and electronic books) to businesses; and, give consumers the ability to record TV shows for later viewing, transfer music from a CD to a digital device, and create a mash-up to post via social media.
Critics have stated that although Bill C-11 has many positive elements, there are also points that need to be re-visited. One in particular is with respect to the ‘digital lock’ provisions. Essentially, critics argue that consumer rights may be lost if the copyright owner is allowed to install digital locks restricting their access to the media. For example, if a consumer purchases DVDs from foreign countries, they will not play on Canadian DVD players. In addition, students could be restricted from using portions of electronic books for class assignment. The ‘digital lock’ provision was the top concern voiced during the 2009 Canadian national copyright consultation as they are among the most restrictive in the world.
The bill is expected to move quickly through the House of Commons.
Rosario G. Cartagena, BSc., MSc., J.D.
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