61 Reforms to C-61 – Wrap-Up Post

With the 61 reforms to C-61 series now concluded, this post provides more accessible access to the many posts.  A PDF version of all 61 posts can be downloaded here.  A list of all the posts, grouped by subject matter, can be found below.

Day 1: Remedy the Lack of Consultation
Format Shifting:
Day 2: Format Shifting Limited to Videocassettes
Day 3: Format Shifting Subject to Digital Lock Provision
Day 4: Format Shifting's 12 Step Approval Process
Time Shifting:
Day 5: Time Shifting Provision Subject to the Broadcast Flag
Day 6: Time Shifting Provision Excludes Internet-Only Recording
Day 7: Time Shifting Provision Prohibits Network-Based PVRs
Day 8: Time Shifting Provision's Time and Copy Limits
Music Shifting
Day 9: Music Shifting Subject To Anti-Circumvention Limitation
Day 10: Music Shifting Provision May Conflict With Computer Backup Systems
Day 11: Music Shifting Provision Non-Compatible With Online Music Lockers
Day 12: Music Shifting Provision and Private Copying
Day 13: Music Shifting Provision and One Copy Per Device
Day 14: Music Shifting Provision Says Contract Trumps Contract
Day 15: TPMs – No Exception for Cell Phones
Day 16: TPMs – No Exception for Fair Dealing
Day 17: TPMs – No Exception for Court Cases, Laws, and Government Documents
Day 18: TPMs – No Exception for Personal Uses
Day 19: TPMs – No Exception for Digital Archiving
Day 20: TPMs – No Exception for Teaching
Day 21: TPMs – No Exception to Protect Minors
Day 22: TPMs – No Exception for Filtering Programs
Day 23: TPMs – No Exception for Obsolete or Broken Digital Locks
Day 24: TPMs – No Exclusion of Non-Infringing Access
Day 25: TPMs – Research Exception Limited to Encryption and Security Testing
Day 26: TPMs – Encryption Research Exception Requires Notice
Day 27: TPMs – Encryption Research Exception Restricts Peer Review
Day 28: TPMs – Interoperability Exception, Linux and DVDs
Day 29: TPMs – Interoperability Exception Restricts Third Parties
Day 30: TPMs – Anti-circumvention and Privacy
Day 31: TPMs – Restrictions for Canadians with Perceptual Disabilities
Day 32: TPMs – Perceptual Disability Provisions May Violate AODA
Day 33: TPMs – LAM and Educational Institution Limitations, Part One
Day 34: TPMs – LAM and Educational Institution Limitations, Part Two
Day 35: TPMs – Unnecessary Coverage of Circumvention Devices
Day 36: TPMs – No Identification of Authorized Circumventers
Day 37: TPMs – No Requirement to Unlock for Exceptions
Day 38: TPMs – No DRM Regulatory Authority
Day 39: TPMs – No DRM Labelling Requirement
Day 40: TPMs – No Regular Review Process
ISP: Notice and Notice
Day 41: ISP Notice and Notice – Mandatory Data Retention
Day 42: ISP Notice and Notice – No Penalty for False Notices
Information Location Tool Providers – Search Engines
Day 43: ILTs – Safe Harbour Largely Illusory
Day 44: ILTs – Notice and Takedown for Search Engines
Making Available Right
Day 45: Making Available Right and Actual Distribution
Educational Harms
Day 46: Education Harms – Lesson Provisions Only Extend To Limited Exceptions
Day 47: Education Harms – Lessons Include Special Infringement Provision
Day 48: Education Harms – Lessons Must Be Destroyed After the Course
Day 49: Education Harms – Lessons May Require DRM
Day 50: Education Harms – Lessons Contain Limited Definition of Students
Education Internet Exception
Day 51: Education Internet Exception Is Unnecessary
Day 52: Education Internet Exception Is Harmful
Day 53: Education Internet Exception Easily Avoided
Library Issues
Day 54: E-Reserve Provisions Less Effective Than Fair Dealing
Day 55: E-Reserve Provisions Require DRM
Day 56: Interlibrary Digital Loans Must Self-Destruct In Five Days
Statutory Damages Reform
Day 57: Statutory Damages Reform – Uncertainty
Day 58: Statutory Damages Reform – What It Doesn't Cover
Day 59: Statutory Damages Reform – Removes Court Discretion For Reduced Damages
Photography Provisions
Day 60: Photography Provisions

Section 3 Provision
Day 61: The Mysterious Section 3


  1. Thank you for all your time spent on the 61 reforms michael!

    This should serve as a textbook to the next government.

    voting Anything But Conservative JOIN ME (spread the word ABC)

  2. Jean-Francois Messier says:

    Publish in a book !!!
    All those articles should be published in a book, to reach more readers. This is perhaps the first time a proposed bill is reviewed, commented and discussed online such as this one. This is a first !!! You’re a great writer !

  3. Maynard G. Krebs says:

    Interesting reading
    Here is the blog of one US lawyer actively engaged in defending people sued by the MPAA and RIAA

    [ link ]

    Down the right side of the web pages are quotes from judges relating to ‘infringement’ and ‘making available’ matters. At least some judges pay attention to the facts.

    ““[W]ithout actual distribution of copies…. there is no violation [of] the distribution right.” 4 William F. Patry, Patry on Copyright § 13:9 (2007); see also id. N. 10 (collecting cases); Perfect 10, Inc. v., Inc., 508 F.3d 1146, 1162 (9th Cir. 2007)(affirming the district court’s finding “that distribution requires an ‘actual dissemination’ of a copy”)”.
    -Hon. Janet Bond Arterton
    District Judge
    District of Connecticut
    February 13, 2008
    Atlantic v. Brennan
    534 F. Supp.2d 278

    “An offer to distribute does not constitute distribution”
    -Hon. Neil V. Wake
    District Judge
    District of Arizona
    April 29, 2008
    Atlantic v. Howell
    2008 ILRWeb (P&F) 1665

  4. The whole 61 posts are well put, but they are missing the point. By the time election is over, the potentially majority Conservative government is going to fast track a C-62 that make C-61 look tame in comparison.