The first post in my series on Bill C-11 focused on the risks associated with regulating user content. But it isn’t just ordinary users posting on services such as TikTok or Youtube that could find their content subject to regulation. The bill is ostensibly designed to support Canadian creators, yet many fear it will do the opposite. For the independent production sector, there was a late change to the bill as part of the government’s rush to pass it without committee debate that could undermine an essential policy that supports the film and television sector. And for digital creators, there are justifiable fears the bill will result in less revenue, less global exposure, and lost opportunities for one of Canada’s fastest growing cultural sectors.
Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Copyright
The Bill C-11 Hearings Are Back, Part One: The Risks of Regulating User Content
The Senate Standing Committee on Transport and Communications resumes its hearings into Bill C-11 this week with plans for four sessions that will hear from a wide range of witnesses. Given the shortcomings of the House committee hearings – numerous important stakeholders were not given the opportunity to appear – the Senate review this fall provides a critical opportunity to re-examine the bill and to address some of its obvious flaws. With that in mind, this post is the first of a series that highlights some of Bill C-11’s major risks and concerns.
The Law Bytes Podcast, Episode 136: Jeremy de Beer on SOCAN v. ESA, the Supreme Court’s Latest Endorsement of Copyright Balance and Technological Neutrality
The Supreme Court of Canada’s latest copyright decision – SOCAN v. Entertainment Software Association – affirms yet again that technological neutrality is a foundational element of the law and notably emphasizes that “copyright law does not exist solely for the benefit of authors.” My colleague Jeremy de Beer was an active participant in the case, writing an expert opinion during the Copyright Board phase of the case which reflects the approach that the court ultimately adopted. He joins the Law Bytes podcast to discuss the evolution of music distribution online, this latest case and the court’s commitment to copyright balance, as well as what might come next in the seemingly never-ending battle over Canadian copyright law.
Supreme Court of Canada on Copyright: “Copyright Law Does Not Exist Solely for the Benefit of Authors”
For much of the past two decades, copyright groups have steadfastly sought to deny what the Supreme Court of Canada has repeatedly endorsed, namely that the purpose of Canadian copyright law is to serve the public interest by balancing users’ and authors’ rights. Last week provided the latest episode in the ongoing series as the Court delivered yet another strong affirmation on the importance of copyright balance and the role of technological neutrality, confirming that “[c]opyright law does not exist solely for the benefit of authors.” The decision – SOCAN v. Entertainment Software Association – can read on at least four levels: (1) as a repudiation of SOCAN’s effort to establish a new, additional royalty for the “making available” of music; (2) as a confirmation of the importance of technological neutrality and copyright balance; (3) as an example of the flexibility associated with implementing the WIPO Internet treaties, and (4) as the undeniable entrenchment of Canadian copyright jurisprudence that now features deeply layered precedents on users’ rights.
Why The Government’s “Policy Intentions” For Bill C-11 Don’t Trump the Actual Text
Parliament may be on a summer recess, but the debate over Bill C-11, which is now in the Senate, continues. Yesterday, I engaged in a Twitter debate with Matthew Gray, an official in the office of Heritage Minister Pablo Rodriguez that ultimately focused on the relative importance of the government’s “policy intention” vs. the actual text of the bill. While officials and Minister Rodriguez regularly point to what they intend the bill to do, experts note that the text does not reflect those intentions.
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