Search Results for "c-11" : 411

Canada Signs ACTA: What Comes Next

Canada became an initial signatory to the Anti-Counterfeiting Trade Agreement over the weekend in Japan. Other countries to sign the agreement include Australia, Japan, Morocco, New Zealand, the Republic of Korea, Singapore and the United States.  That leaves out the majority of countries that were part of the negotiations as all the European Union countries, Switzerland, and Mexico attended the ceremony but did not sign. Canada’s decision to sign is not surprising given its participation throughout the negotiation process and the flexibility that was built into the agreement. While there are many concerns with ACTA (both procedural and substantive), it is not the agreement the U.S. envisioned when it started the process several years ago.

The signing of the agreement does not mean the agreement is enforceable yet. ACTA stipulates that it takes effect when six countries have deposited instruments of ratification, acceptance, or approval. In other words, most countries must still ratify the agreement (much like the WIPO Internet treaties, signing indicates general approval of an agreement but being bound by the terms requires ratification). 

Read more ›

October 3, 2011 24 comments News

Why Canada’s New Copyright Bill Remains Flawed

Appeared on October 2, 2011 in the Toronto Star as Why Canada’s New Copyright Bill Remains Flawed Last week, the government tabled Bill C-11, the latest attempt to reform Canadian copyright law. The bill mirrors its previous copyright bill and is expected to sail through the House of Commons with […]

Read more ›

October 1, 2011 1 comment Columns Archive

Canadian Heritage Minister James Moore’s Missing Copyright Tweets

Canadian Heritage Minister James Moore was busy on Twitter yesterday, pointing to many groups expressing support for Bill C-11, the new copyright bill. While he omitted pointing to releases from students (“anti-circumvention provisions will seriously undermine students’, teachers’ and the general public’s use of copyrighted works.”) and librarians (“legislation which does not include the right to bypass digital locks for non-infringing purposes is fundamentally flawed”), it is interesting to look at some of the organizations he did cite.

For example, the Canadian National Institute for the Blind is quoted as saying “this copyright legislation ensures Canadians who are blind or partially sighted have opportunities to participate in life.” What did the CNIB tell the Bill C-32 legislative committee in its brief?

Read more ›

September 30, 2011 35 comments News

Liberals on the Copyright Bill: Digital Lock Rules Driven By U.S.

The Liberal release on Bill C-11, the new copyright bill, includes the following comments from MP Scott Simms: “Recent disclosures of diplomatic cables show that parts of the Conservative copyright plan were drafted to satisfy industry in the United States rather than the best interests of Canadians. In particular, the […]

Read more ›

September 29, 2011 9 comments News

Copyright Is Back: Why Canada is Keeping the Flawed Digital Lock Rules

Later today, the government will table Bill C-11, the latest iteration of the Canadian copyright reform bill that mirrors the previous Bill C-32. It was widely reported this fall that the government would reintroduce the previous bill unchanged, re-start committee hearings where they left off in March (with prior witnesses not asked to return), and move to quickly get the bill passed by the end of the calendar year. That seems to be what is happening with today’s tabling and a new legislative committee to follow.

Assuming it is the same bill, the government’s talking points remain relevant as does its clause-by-clause analysis, both of which I obtained under Access to Information.  From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda, the book that I edited on Bill C-32 that includes contributions from 19 leading copyright experts from across Canada, is still useful and is available from Irwin Law in paper or as a Creative Commons licensed download. For those looking for background information on key elements of the bill, there is my initial analysis, a five-part series on the C-32’s digital lock provisions in a single PDF, a lengthy post on C-32’s fair dealing reforms, data on the effectiveness of the ISP provisions, and a post that puts statutory damages into perspective.

When Bill C-32 was introduced in June 2010, I described it as “flawed but fixable”, noting that there was a lot to like in the bill but that the digital lock provisions constituted a glaring problem that undermined much of the attempt to strike a balance. Months later, those remain my views. The bill has some good provisions, but the unwillingness to budge on digital locks – even as the U.S. has created new exceptions – is easily its biggest flaw.

Read more ›

September 29, 2011 53 comments News