SOCAN, a leading Canadian music copyright collective, has launched a misinformation campaign seeking to convince the government to reject a Bill C-11 Senate-backed amendment designed to ensure that the bill covers sound recordings but excludes user content from CRTC regulation. SOCAN has written to all MPs arguing that the amendment should be rejected on the grounds that it could hamper the regulation of “future online services, whose model for delivery of content is not yet known.” In other words, its primary argument is not that the amendment harms its interests today, but rather it is possible that it might restrict some unknown future application. Given its inability to identify a current problem with the amendment, the SOCAN campaign actually serves to confirm that it is consistent with the government’s objectives.
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Why Margaret Atwood is Right to Criticize Bill C-11 and What the Backlash Teaches About the Risks of Challenging Government Policy
Margaret Atwood, the famed Canadian author, has been the target of a predictable backlash for her comments criticizing Bill C-11. Her comments, which came in the aftermath of Senator David Adams Richards forceful denunciation of the bill on the Senate floor, describe the bill as “well meaning”, but express concern about the uncertainty over how it will be interpreted, the role of government officials in determining what counts as Canadian, and the secrecy associated with the CRTC. The reaction has led to columnists suggesting she’s speaking nonsense and one writer group calling her comments “misguided and uninformed”. Yet the reality is that Atwood’s comments are consistent with longstanding criticisms raised by many stakeholders. So why the backlash?
Senate Passes Updated Bill C-11 as Heritage Minister Rodriguez Suggests Government Will Reject Any Amendments that Have an Impact
Bill C-11 entered what may be its final phase yesterday with a near split screen: at the Prime Time conference held at the Westin Hotel in Ottawa was Heritage Minister Pablo Rodriguez telling an industry audience that he would reject any Senate amendments that have an impact, stating “there are amendments that have zero impact on the bill and other that may have some and we will not accept them.” The clear signal was that despite heralding the Senate study of the bill as one of the most extensive ever, he will reject any of their findings that might actually make changes. Meanwhile, across the street, the Senate was in its final third reading debate of Bill C-11, closing the day by passing the bill with 26 amendments that include a change that scopes out user content but leaves professional music intact, consistent with the government’s stated objectives.
“This Law Will Be One of Scapegoating All Those Who Do Not Fit Into What Our Bureaucrats Think Canada Should Be”: Bill C-11 is Back with Stunning Rebuke From Senator David Adams Richards
Senator David Adams Richards, an acclaimed Canadian author who has won Governor-General Awards for both fiction and non-fiction as well as a Giller Prize, provided the most memorable Senate speech for the ill-fated Bill C-10, stating on the Senate floor in June 2021 that “I don’t think this bill needs amendments; I think, however, it needs a stake through the heart.” Bill C-10 died on the order paper soon thereafter, but its successor, Bill C-11, is in its final stages of debate at the Senate. Yesterday’s first day of third reading debate was notable for several reasons, none more than the re-emergence of Senator Richards, who provided a stunning rebuke of the bill and Canadian cultural policy.
“Ongoing Concerns”: U.S. Objections to Canadian Digital Policies Spreads to the Senate
U.S. concerns with Canadian digital policy continues to mount with both the U.S. Administration and Senators from both parties raising fears of discrimination. U.S. pressure seems likely to grow as the issue emerges as a major irritant in the bi-lateral trade relationship with Canada’s most important trading partner. With U.S. President Joe Biden scheduled to visit Ottawa later this winter, it seems likely that digital policy – particularly a proposed digital services tax, Bill C-11, and Bill C-18 – will be on the agenda at the meeting.
The latest signals came last week at a bilateral meeting between U.S. and Canadian trade officials. The U.S. readout of the meeting states:
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