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Bill C-61: Canada’s new Copyright Bill

July 28, 2008 - 11:21 — matt_black

by Matt Black

In early June, Industry Ministry Jim Prentice introduced a new bill which would greatly reform Canada’s copyright law. Prentice argues that the amendments to the Canadian Copyright Act introduced on June 12 were “…necessary to bring the act up-to-date with advances in technology” and that it will bring many benefits to all Canadians. The law has been criticized by copyright law experts and the NDP for several reasons.

Dr. Michael Geist, who is a law professor at the University of Ottawa and who holds the Canadian Research Chair of Internet and E-commerce Law, has critically analyzed Bill C-61 and argues Bill C-61 is not the result of a concern to bring the legislation into line with the new problems technology has brought to copyright law, and is a betrayal of the balance between creator and user rights. In addition, Geist argues Bill C-61 is “…the result of an intense public and private campaign waged by the U.S. government to pressure Canada into following its much criticized digital copyright model.”

Geist has five major concerns about the new law. First, while the Bill contains several attractive consumer oriented provisions. Geist argues that these provisions were added to the original Bill proposed in December to satisfy consumers, but are limited by the fine print. Specifically, by the digital lock provisions which make it illegal for Canadians to circumvent the digital locks on material (the locks prevent the material being copied). Second, Geist argues the digital locks provisions broadly prohibit circumvention with limited exceptions and makes it illegal to distribute tools that can circumvent the laws. Also, Geist argues that the publicized proposed low fine of $500 for private use infringement is not very different from the current fine. However, Bill C-61 will make currently legal activities such as uploading or posting music online subject to the larger $20,000 per infringement fine. In addition, Geist argues the fine print of Bill C-61 could allow this law to be undermined by the proposed Anti-Counterfeiting Trade Agreement with America, which would represent the interest of private organizations and not the interest of the Canadian public. Finally, Geist argues that the fine print of Bill C-61 places harmful restrictions on the educational community, such as time restrictions on the use of electronic library materials.

NDP leader Jack Layton has also criticized Bill C-61. On his website www.michaelgeist.ca, Geist posted a response a blog reader received from Jack Layton on Bill C-61. Layton says that the NDP strongly opposes the bill, and

…are calling on MPs from other parties to listen to their constituents and join us in the growing chorus against it. Rather, we are pushing for legislation that will ensure that artists and creators are compensated for their work but that also ensures consumers are able to enjoy reasonable rights of access.

Layton continued:

The government has completely ignored calls to bring forward reasonable copyright legislation. In fact, this bill is worse than originally feared. There is no evidence of an attempt to strike any reasonable balance that would protect either artists or consumers. Instead, we are faced with a full capitulation to the U.S. corporate lobby that will pave the way for the criminalization of perfectly reasonable behaviour (like format shifting of most legally purchased content).

Jack ends his response by urging Canadians to contact the Ministers of Industry and Heritage, the Prime Minister, their local MPs, and the leaders of other parties to voice their opposition to the legislation.

Advancements in technology have presented a challenge to the traditional copyright legislation, and reform is definitely needed. However, the Conservative Government’s proposed Bill C-61 does not adequately do this. They have ignored the opinions of Canadians and copyright experts and have created a piece of legislation that looks to protect the other interest at the expense of the interest of Canadians. Instead, with pressure from the NDP and other political parties, the government should institute copyright legislation reforms which pragmatically address the challenges technological advances have presented to copyright law.


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Also, Michael Geist has created a facebook group for those who oppose Bill C-61 accessible at http://www.facebook.com/group.php?gid=6315846683.