Yesterday, 15 years of debate over copyright reforms in Canada came to an end. Bill C-11, or the Copyright Modernization Act, has passed the House of Commons and will very likely become law soon. It is the fourth attempt to reform the copyright legislation and this time, it seems to be successful. The bill now only has to pass the Senate.

Despite its progress through the legislative procedures, not everyone welcomes Bill C-11 with enthusiasm. The adoption of restrictive digital lock rules is the most controversial part of Bill C-11, according to Canadian law professor Michael Geist. He sees it as a problematic policy choice of the Canadian government.  Digital locks prevent the copying and transferring of copyrighted files. Breaking the digital lock will be illegal under the new law, even if it is for personal or educational use. Opponents fear that the digital lock rules could harm creators, students, researchers, consumers and people with perceptual disabilities. Proponents of the new rules, including the Entertainment Software Association of Canada, believe that technological protection measures, like digital locks, are needed to keep the digital industry alive and to stop piracy. They also expect that the new legislation supports the development of new business models in the digital area.

Nonetheless, Bill C-11 also features changes that positively focus on users, according to Geist. For example, new provisions on limitations and exceptions are introduced, that allow the use of copyrighted works for education, parody and satire. Educational institutions will be allowed to use material openly available on the Internet. Also, there will be a distinction between commercial and non-commercial use of copyrighted materials, providing broad protections for non-commercial user generated content. Geist states that the importance of these provisions should not be underestimated. 

Time will tell how the new rules will work out in practice. 

Read more about copyright in Canada on FutureOfCopyright.com:

• Canada reintroduces copyright bill
• Canada Post claims copyright on postal codes
• Canadian public consultation on extending the protection of copyright from 50 to 70 years

Source: Michael Geist 

By: Marjolein van der Heide