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Bill C-11 Committee Review Concludes: What Happened and What Comes Next

The Bill C-11 legislative committee concluded its clause-by-clause review yesterday as eight government amendments were added to the bill and all opposition amendments were defeated. The amendments included an expanded enabler provision and some modest tinkering to other elements of the bill. There are still several steps needed before the bill passes including third reading at the House of Commons, Senate review, and ultimately royal assent, but Canadian copyright reform is well on its way to completion before the summer starts.

In the days leading up to the clause-by-clause review, many focused on three key issues: no SOPA-style amendments such as website blocking or warrantless disclosure of information, maintaining the fair dealing balance found in the bill, and amending the digital lock provisions. By that standard, the changes could have been a lot worse. The government expanded the enabler provision, though not as broadly as CIMA requested. Virtually all other copyright lobby demands – website blocking, notice-and-takedown, iPod tax, copyright term extension, disclosure of subscriber information – were rejected. Moreover, the provisions supported by consumer and education groups including user generated content protection, time shifting, format shifting, backup copies, Internet provider liability, and statutory damages reform were left untouched. This represents a major victory for the many Canadians and groups such as Open Media that spoke out on these issues.

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March 14, 2012 63 comments News

Proposed Bill C-11 Amendments: Gov Says No Changes to Digital Locks, Fair Dealing or User Provisions

The Bill C-11 committee has just opened the clause-by-clause review of the copyright bill with 39 amendments on the table: 8 from the goverment, 17 from the NDP, and 14 from the Liberals. The good news is that the misinformation campaign on issues such as fair dealing, user generated content, consumer provisions, statutory damages, and Internet provider liability has largely failed as the government is not proposing significant changes to those provisions. These all represent good compromise positions that will likely remain intact. 

Unfortunately, the digital lock provisions will also remain largely unchanged as the government is not proposing to link circumvention to copyright infringement (both the NDP and Liberals will put forward such amendments). The music and movie lobby are getting one of their demands as the enabler provision will be expanded from targeting sites “primarily designed” to enable infringement to providing a service primarily for the purpose of enabling acts of infringement. The CIMA demand for an even broader rule has been rejected.

A summary of some of the proposed amendments, by party (note: subject to possible change should a party decide not to introduce the amendment):

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March 12, 2012 64 comments News

Liberals Launch Bill C-11 Petition Calling for Balanced Digital Lock Rules

The Liberal Party has launched a petition calling for an amendment to the Bill C-11 digital lock rules.  Consistent with views expressed from business groups, creator associations, consumer groups, and education associations, the petition calls for an amendment that would link circumvention to actual copyright infringement. It does so by […]

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March 10, 2012 17 comments News

CBA Responds to Smear Campaign: Not a Secret Committee, No Plagiarism

The Chair of the Canadian Bar Association’s IP Committee, Torys lawyer Andrew Bernstein, has sent a public letter to the thousands of IP Committee members responding to the media reports of pressure to withdraw a CBA copyright submission. The CBA letter not only debunks claims of secrecy and plagiarism, but […]

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March 9, 2012 5 comments News

Dear Parliament: Say No to the Internet Lockdown

Open Media has launched a campaign to encourage Canadians to speak out before Monday’s Bill C-11 meeting. The group makes it easy to speak out against SOPA style reforms, harms to fair dealing, and unduly restrictive digital lock rules.  Postmedia’s Sarah Schmidt covers the upcoming amendments here.

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March 9, 2012 1 comment News