Michael Geist

The Documentary Organization of Canada represents hundreds of directors, producers, and creators of documentary films. The organization’s concerns with the digital lock provisions in Bill C-11 place the spotlight on their potential chilling effect and provides an important example of how the Canadian approach is more restrictive than even the U.S. DMCA.

For documentary film makers, the use of film clips is frequently an essential part of the creative process. If those clips are locked behind a digital lock supported by C-11 digital lock rules, creators will face real barriers in completing their work. While some might suggest that they can simply seek permission to use a clip, rights holders are notorious for establishing restrictive conditions on the use of clips that may include prohibitions on critical speech. For example, during the last round of DMCA exemption hearings, one film maker presented the following clause used by rights holders to restrict re-use:

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