Get Ready for Bill - C11 - The Copyright Modernization Act

Take 39% of the popular vote, add 75 parliamentary speeches, one opposition motion to block legislation, several false starts and you have the recipe for bill C11 - The Copyright Modernization Act.


Copyright law is in desperate need of an upgrade and has not been updated since 1997 but there are several items in bill C11 that are contradictory and alarming along with the debate surrounding the bill itself.


Let's start with the problems surrounding the debate of bill C11, there is none. House Leader Peter Van Loan decided Tuesday night that there was no further need to continue debate and stated that the NDP "wouldn't commit to any reasonable, cooperative approach." Perhaps the NDP are intransigent due to the contradictory nature of the bill outlined below.

Recording and Playback:

1. It is permitted to record television and internet broadcasts
2. View the recordings later on whatever device the user chooses 
3. Recordings can not be made for the purposes of building up a library or for commercial use.

Points one and two seem reasonable, however, point number three is in direct contradiction with point number one. What constitutes the definition of a library? Two recordings? Ten recordings? Also why are users not allowed to hold a library of recordings if it is permitted to record and playback protected works in the first place? Also under the bill it's cool to record broadcast television but not streaming video.


Liability:

1. The ISP is required to retain "relevant information" about users such as identity and that information could potentially be released to the copyright holder with a court order.
2. Exempt ISPs and search engines from liability for the copyright violations of their users.

I find it irritating that all liability is shifted onto the user and not the provider/corporation. Typical conservative dogma.

Digital Locks or DRM:

1. Prohibit the circumventing of digital locks, even for legal purposes defined as including:
2. Education
3. Satire
4. Uses protected by other sections of the Act such as recording and playback

Point number four is basically overriding the entire bill creating an effective two tier bill. What constitutes a digital lock anyway? The bill vaguely defines what a 'digital lock' is opening the term digital lock to interpretation. I am not a lawyer but the interpretation of digital lock can be broadened as an implied lock, such as an end user agreement, then one can argue that all copy protected works fall under the second draconian tier of the bill.

It would be wise to familiarize what your rights are under this bill because soon it is going to be law.

source

a further breakdown of bill C11

bill C11 in it's entirety