In Canada’s New Copyright Bill: The Good, The Bad, and The Undecided, Leigh Beaton takes a look at Bill C-11, which is entering the final committee stage of review this week. While some of the worst provisions of the original bill have been scaled back after public protests, the Canadian content cartels are trying to get amendments that would add some of the worst provisions of the U.S. SOPA/PIPA acts to the bill. The article includes links to email addresses of the committee members. If you value your privacy and freedom, a quick email to the committee members would be a very good idea.
The bill as written is nowhere near as damaging as SOPA/PIPA or even the DMCA, and it has significant bright spots, such as extending Fair Dealing (our comparatively toothless version of Fair Use) to include parody, satire, education and non-commercial remixes and mash-ups. But it does include one big problem: an anti-circumvention clause that, like the DMCA in America, will make it illegal to break copy protection even for the purposes of legal copying. This makes no more sense under Canadian copyright law than it does anywhere else: if the act of copying is legal, why should the means to do so be illegal? The Canadian Library Association has proposed a common-sense amendmentto the so-called “digital locks” provision, clarifying that circumvention is only infringing if it is “for the purpose of an act that is an infringement of the copyright”. It makes no sense to exclude such a requirement.
The other major concern is the amendments requested by content industry representatives, which if accepted would turn C-11 from a relatively tame bill into a monstrous cousin of SOPA/PIPA. Proposals include notice-and-takedown systems, graduated response from ISPs, website blocking provisions, warrantless access to subscriber information, and many of the other worst parts of SOPA/PIPA and the DMCA. Additionally, the licensing agency Access Copyright is opposing the bill’s expansion of Fair Dealing, and even trying to go in the opposite direction and scale it back.