Bill C-11 Archives

Change and the Copyright Modernization Act

Bill C-11, the Copyright Modernization Act, with a few exceptions, is now law with the publication of the Governor General Order in Council. The fourth attempt to amend the Copyright Act since 2005 succeeded where Bills C-60 (2005), C-61 (2008), and C-32 (2010) did not.

A lot has changed since 2005 when Bill C-60 was first introduced. That Bill would have made a limited, but important, set of amendments. Its summary reminds us that it would have amended the “Copyright Act to implement the provisions of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, to clarify the liability of network service providers, to facilitate technology-enhanced learning and interlibrary loans, and to update certain other provisions of the Act.” …

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Copyright Bill C-11 passes Senate and given Royal Assent (updated)

Bill C-11, The Copyright Modernization Act passed Third Reading in the House of commons and was given First Reading in the Senate on June 18, 2012. On June 26, 2012, the Bill was passed by the Senate Banking Committee. On June 27, 2012 the Senate Banking Committee reported C-11 back to the Senate without amendment. Earlier today, June 29, 2012, the Bill was passed by the Senate and given Royal Assent. It will come into force in the next few months through an order-in-council process.…

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My remarks to the Senate Committee studying Bill C-11

The following are my opening remarks to the Senate Committee studying Bill C-11 earlier today. The link to the webcast can be found here.

I would like to thank the committee for inviting me to appear today to provide input on Bill C-11.

Before starting my remarks, I would like to give you some background about myself.

I am a senior partner with the law firm McCarthy Tétrault.
I am an adjunct professor at Osgoode Hall Law School where I teach IP law.

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Bill C-11 ready for Third Reading

The Special Legislative Committee reviewing Bill C-11 is now finished its work. After voting on amendments to the Bill, the Committee voted to report the Bill back to the House of Commons for Third Reading. It is expected to be passed by Parliament and then sent to the Senate before becoming law.

For more information about the Copyright Modernization Act or Bill C-11 or copyright reform, see Change and the Copyright Modernization Act.

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Michael Geist: A question of values

With Bill C-11, the Copyright Modernization Act, on its way to clause by clause review Canadians have a chance to think about what values they want copyright to reflect. Canadians are being bombarded with a dizzying array of information about amendments that have been proposed including amendments related to enablement, statutory damages, TPMs and fair dealing. Much of the information is inaccurate and emotionally super-charged to garner as much visceral reaction as possible. A significant portion of it originates from Internet activist Michael Geist and is repeated throughout the blogosphere and in the traditional news media, usually with no attempt at analysis.…

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Renewed Attacks on the “Effect on the Market” Factor

Beware of misinformation masquerading as the correction of misinformation, a concept George Orwell labelled as “doublethink”. Michael Geist and Howard Knopf are engaged in it again in their blog articles “Bill C-11 Extremism Continues: The Attack on Fair Dealing” and “The Effect on the Market Factor in Fair Dealing/Fair Use Law – What IS the law?” In their crusade to open Canadian copyright law so wide that a convoy of army trucks filled with textbooks and DVDs could drive through it, they are suggesting that Parliament not clarify that “the effect of the dealing on the market for the original work” is the pre-eminent factor in the fair dealing test.…

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Why is the EU asking the ECJ to review ACTA and does it matter?

Last week the European Commissioner for Trade, Karel De Gucht, released a statement announcing that the EU will refer the ACTA (Anti-Counterfeiting Trade Agreement) to the European Court of Justice (ECJ). The ECJ will be asked to assess whether ACTA is incompatible – in any way – with the EU’s fundamental rights and freedoms, such as freedom of expression and information or data protection and the right to property in case of intellectual property.

What reason did the Commissioner give to explain the referral to the ECJ?…

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Bill C-11 off to legislative committee (updated)

After much debate and anticipation, Bill C-11 passed second reading in the House of Commons on February 13, 2012 and was referred to a legislative committee.

The individuals and organisations invited to appear can be viewed here. The committee has voted to commence clause by clause by March 14, 2012 and to have a final vote on the bill by March 29, 2012.

For those interested in the procedure referring the bill to the committee, here is the Hansard Journal recording the step.…

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Bill C-11 to be law by April

House Leader Peter Van Loan said Monday that the Government’s agenda includes passage of Bill C-11 by the end of April. The plan is that the bill to modernize the Copyright Act “must pass” by that time. The government indicated last month it mght impose time allocation to get the bill to Committee. On February 8, 2012 a motion passed in the House of Commons to lmit debate to two more days before sending the bill to committee.…

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Redefining copyright in the digital era

Here is a copy of the article with the above title published in the January 20, 2012 edition of The Lawyers Weekly.

In early December, copyright lawyers from across the country descended on the Supreme Court to participate in a cluster of cases that may redefine the scope of copyright in the digital era.

The first case heard, ESA v. SOCAN, put the question directly to the court of how the bundle of rights set out in s. 3 of the Copyright Act ought to be construed in the case of downloads of files containing musical works. …

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