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this part of the equation in the government releases. We would be deeply concerned if the Bill allows people to copy artists' work onto media devices like iPods without compensation for creators; and, also if existing levies and royalties are affected by this Bill." Stephen
Waddell, ACTRA's National Executive Director, says it has been "more than a decade since Canada signed on to the WIPO copyright treaties," and that, "implementing these treaties as this Bill does, will bring our laws into the 21st Century." However, among the ranks, there is dissent by some ACTRA members despite the group's public stance. Jason Chesworth, a member of ACTRA on
200:, copying for personal use, and device transferring of media were permitted but with significant limitations. Copies of shows and videocassettes could be made but were not allowed to involve DVDs, shows with a "no recording flag" or any other format encumbered by "digital locks". Additionally, a transfer of media was allowed only once per device owned by the purchaser of the original copy. The bill also gave rightsholders the autonomy of imposing additional clauses on the consumer (e.g. Amazon's non-transferability clause, promotional use only, do not sell/transfer, etc.). Format shifting was required to comply with an additional
313:
268:, which include introducing a $ 500 fine for people caught downloading copyrighted material from the Internet, and a fine of up to $ 20,000 for people who hack digital locks or upload copyrighted material to file-sharing websites. From what you have heard, seen or read, do you support or oppose the proposed changes?
355:, to protest Bill C-61. Geist's blog became one of the leading sites for educational resources on copyright reform, and tools for constituents to contact their local Members of Parliament. Michael Geist ran a series on 61 possible reforms to Bill C-61 that would make it more palatable. In addition, the magazine
170:
Jim
Prentice claimed that it would "expressly allow you to record TV shows for later viewing; copy legally purchased music onto other devices, such as MP3 players or cell phones; make back-up copies of legally purchased books, newspapers, videocassettes and photographs onto devices you own". However,
439:
aspect for making "technology trump whatever rights consumers or competitors might have otherwise had", in that people only have whatever rights the rights holders give them in superseding "agreements", for example, EULA, digital contracts shown when users install, download, etc.) In addition, there
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Hosts, such as ISPs, were to be absolved of legal responsibility in the event of their services being unintentionally used to provide access to copyrighted material. Methods of protecting subscriber privacy would have become legal under the proposed bill, however, the distribution of software to do
469:" – are large server farms situated near clean energy sources. The bill could prevent developments on Canada's northern high-speed optical networks with zero carbon emissions. Bill C-61 would further prohibit many uses of network-based computing such as video recording services, backup of data, etc.
298:
Performers' Rights
Society and Sound Recording Division, "the Bill not only introduces the new concept of format shifting, it is also existing rules on time-shifting. ACTRA believes that consumers should have flexibility, however, artists must be compensated for uses of their work and we don't see
211:
The bill would have made circumventing all digital locks illegal, including locks on the
Internet. It would have modified what libraries can do in providing digital copies, such that they would have been allowed to create digital copies for patrons, but the copies would have had to self-destruct or
412:
opposed the bill as "making it more difficult for university and college teachers and students to have access to learning and research materials". It noted that material that can be copied now in paper format would not be legally copyable in electronic format when it is digitally encrypted. James
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regardless of reason/intent, uploading copyrighted material regardless of awareness or "making available" copyrighted material regardless of whether it was actually uploaded. In the case of commercial circumvention of DRM, Clause 32 of the Bill specified penalties of $ 1,000,000 and/or five years
431:
Others stated that the new bill would make criminals out of ordinary people who are, for example, using a multi-regional DVD player (popular for immigrants and tourists), transferring legitimate DVD media to iPods, or using various other devices. Backing up a computer that contains copyrighted
287:
Proponents of the bill, including some copyright holders in the entertainment industry, called it a much needed "assurance that protected." They also called it a "win-win" balance between consumers and copyright holders with some pushing further asking for format shifting to be made illegal.
232:
The Bill proposed a fine of $ 500 for music downloads. Since this was not made to apply in other cases, fines of $ 20,000 per instance defined in previous bills were understood to apply to new offences criminalized by Bill C-61. These included: circumventing digital locks or
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wrote that he, "questioned the union's position," and that he, "wholeheartedly disagree with ACTRA...in fact....believe that the proposed changes will become a major detriment to artists trying to create content while protecting only those at the top."
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By age, 58% of those aged 18–34 were opposed as compared with 37% of those 35-54 and only 27% of those older. The poll was criticized for not mentioning any of the anti DRM circumvention provisions and using an inaccurate definition of "hacked".
404:
The
Appropriation Art Coalition condemned the Bill saying, "copyright is meant to nurture the rights of creators, not suppress and criminalize artistic practice. It is not the responsibility of any government to legislate art."
378:) said: "We're crafting these laws without having anyone from the technology industry engaged in the process." He contended that the bill catered too closely to the content industry and not to engineers and software developers.
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treaty obligations. Bill C-61 attracted widespread criticism from critics who claimed that it did not strike a fair balance between the rights of copyright holders and consumers. There was also confusion between C-61 and the
155:
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Creating new barriers in the race toward network-based computing, since the ICT industry accounts for more carbon emissions than the airline industry. Sites for network-based computing – often referred to as
1429:
523:
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There was confusion between Bill C-61 and ACTA, evident by letters sent by Jim
Prentice detailing that no border checks were to occur. The proposed border checks are part of ACTA, not Bill C-61.
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said the bill should have focused more on commercial piracy instead, while others called into the question of the enforceability of the bill. Other copyright holders and artists, like the
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was criticism about the fact that purchasing songs as a gift and transferring the song onto a device owned by the gift's recipient under the new bill would have been illegal.
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were strongly opposed and promised to fight the bill. A substantial majority of
Canadians (76%) were found to agree with the statement that the bill was drafted in the US.
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Turk, the executive director said, "This could be the effective end of fair-dealing, the right to copy and use works for purposes such as research and private study."
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The MPAA and RIAA supported the proposal, as they saw it as finally bringing in Canada to WIPO standards, having lobbied/pressured hard for stricter copyright rules.
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ran its own petition drive, asking the government to amend the bill because it discourages experts and other coders from conducting innovative research.
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Criminalizing the unlocking of cellphones, forcing consumers to acquire a new cell phone each time they switch a carrier, creating excess waste.
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A poll using the following question resulted in 45% of the population against, and 45% of the population in favor of the question.
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The proposed bill contained the following changes on what constituted copyright infringement and what did not for personal use.
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543:"Government Bill (House of Commons) C-61 (39-2) - First Reading - An Act to amend the Copyright Act - Parliament of Canada"
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developers questioned the bill, because of its potentially harmful effects on open source software modification. Spokesman
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released an advocacy kit to oppose the new bill, citing concerns that the bill does not protect the public interest.
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830:(Second Session, Thirty-ninth Parliament, 56-57 Elizabeth II, 2007-2008) June 12, 2008. Retrieved on July 2, 2008.
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The
Alliance of Canadian Cinema, Television and Radio Artists was supportive. According to Brad Keenan, Director,
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Bill C-61 modified the copyrights of performers and their performances giving the performer the sole right to:
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In late July 2008, Michael Geist criticized the bill on environmental grounds. Specific criticisms included:
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imprisonment on conviction on indictment, or $ 25,000 and/or six months imprisonment on summary conviction.
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promised in its 2008 election platform to re-introduce a bill containing the content of C-61 if re-elected.
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An opponent of the proposed Bill C-61 holds up a protest sign at a public breakfast event held during the
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when the 39th
Parliament was dissolved prematurely and an election was called on September 7, 2008. The
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reproduce, rent, sell or otherwise transfer ownership of any sound recording of his or her performance.
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Editorial reviews of the bill were mostly negative or neutral. In a listing of editorials compiled by
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1359:"61 Reforms to C-61, Day 10: Music Shifting Provisions May Conflict With Computer Backup Systems"
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158:. Specifically, the Conservative government claimed that the bill was intended to meet Canada's
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technologies effectively rendering the rights granted useless for DRM protected digital media.
1178:
Rafael
Ruffolo, "Bob Young Leads Copyright Fight." 'ComputerWorld Canada', June 20, 2008, p. 3
461:
Allowing lawsuits over the legality of companies that offer to recycle printer ink cartridges.
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447:, there were no on-topic editorials expressing positive support for C-61. In addition, the
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332:, called the bill a "US-made law" that would establish a "police state." Members of the
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As of September 29, 2008, , more than 92,000 people had joined the Facebook group
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fix his or her performance in material form, such as by recording it onto a DVD.
144:
582:
37:
851:"The Impact on Newspapers of Bill C-61, an Act to amend the Copyright Act"
878:"Proposed copyright amendments would lower penalty for illegal downloads"
730:
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An Act to amend the Copyright Act (40th Canadian Parliament, 3rd Session)
493:
An Act to amend the Copyright Act (38th Canadian Parliament, 1st Session)
451:
was critical of the bill, for having negative impacts on news gathering.
1139:
135:, Bill C-61) was a bill tabled in 2008 during the second session of the
792:"61 Reforms to C-61, Day 4: Format Shifting's 12 Step Approval Process"
375:
264:
As you may know, the federal government has proposed amendments to the
1189:
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voiced opposition on not being consulted in the creation of the bill.
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1408:"Government copyright bill runs counter to emphasis on environment"
1190:"Canadian open source community upset over proposed copyright law"
1110:"Question to Minister of Industry: Bill 61, Copyright Legislation"
311:
295:
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so would have been illegal, effectively cancelling out the right.
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Protection of Broadcasts and Broadcasting Organizations Treaty
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which also had significant copyright implications for Canada.
1154:"Summary of 61 Reforms to C-61 Blog Postings - Michael Geist"
1061:"ACTRA Member Dismayed Over ACTRA Stance on Copyright Reform"
651:"The end of digital freedom in Canada | Stephen Glauser"
362:
The Canadian Software Innovation Alliance, an association of
1430:"Canadian Library Association | Copyright Advocacy Kit"
395:
Canadian Internet Policy and Public Interest Clinic (CIPPIC)
1310:"Copyright Reform Bill Doesn't Help Canadian Artists: CMCC"
1286:. Canwest News Service (Via Financial Post). Archived from
1467:
Parliament Canada - Bill C-61 - complete text of the bill
1332:"Canadian iPod Users: Beware of the Government of Canada"
432:
material was also suspected be illegal under Bill C-61.
984:"Canada's new copyright bill: More spin than "win-win""
1241:"New Copyright Bill Harms Educators and Researchers,"
601:"Conservatives pledge to reintroduce copyright reform"
154:
The bill was the successor to the previously proposed
960:
Canadians Evenly Split on Amendments to Copyright Act
625:"Copyright law could result in police state: Critics"
1007:"MPAA & RIAA Criticize USTR Position on Canada"
102:
88:
77:
72:
62:
54:
25:
20:
969:Angus Reid Strategies. Retrieved on Jun. 19, 2008.
242:Confusion with Anti-Counterfeiting Trade Agreement
219:"communicate to the public by telecommunication."
171:the bill would have made it illegal to circumvent
1462:Parliament Canada - Bill C-61 - Table of Contents
704:"The Canadian Copyright Bill: Flawed But Fixable"
503:Bill C-11 (41st Canadian Parliament, 1st Session)
939:"Canadians Divided over copyright bill: survey"
825:"Bill C-61, An Act to Amend the Copyright Act."
262:
428:, spoke out against the bill in its entirety.
880:. Canadian Press (Via Yahoo!). Archived from
8:
212:be destroyed within five days of creation.
836: (c)Part II - Performers' Rights 1.1.
794:. Fair Copyright For Canada. Archived from
410:Canadian Association of University Teachers
758:
756:
731:"Troubling details in new downloading law"
133:Loi modifiant la Loi sur le droit d’auteur
1284:"New Copyright Act targets online piracy"
1169:, August 1, 2008 (vol 24, #15):pp. 1, 16.
905:"A Week in the Life of the Canadian DMCA"
834: (b)Section 20, Subsection 5.01 (c).
273:Angus Reid, National Public Opinion Poll
932:
930:
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43:
1217:"Appropriation Art Condemns Bill C-61"
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842:
583:"This page is temporarily unavailable"
391:Public Interest Advocacy Centre (PIAC)
17:
1257:"A users guide to the copyright bill"
618:
616:
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328:Among opposition parties, Liberal MP
7:
1034:"Copyright Reform A Good First Step"
1088:"NDP Response to the Prentice DMCA"
487:Anti-Counterfeiting Trade Agreement
435:There was also criticism about the
248:Anti-Counterfeiting Trade Agreement
165:Anti-Counterfeiting Trade Agreement
46:An Act to amend the Copyright Act.
1196:from the original on July 15, 2008
741:from the original on June 18, 2008
683:from the original on June 24, 2008
631:from the original on June 13, 2008
14:
1365:from the original on July 6, 2008
1013:from the original on July 5, 2008
710:from the original on June 5, 2010
124:An Act to amend the Copyright Act
1036:. ACTRA National. Archived from
765:"Canada Warming Up Its Own DMCA"
729:Geist, Michael (June 13, 2008).
518:Digital Millennium Copyright Act
1138:. June 18, 2008. Archived from
1255:Kennedy, Kate; Selley, Chris.
1245:55, 6 (June 2008), pp. A1, A4.
937:Nowak, Peter (June 23, 2008).
623:Nowak, Peter (June 12, 2008).
449:Canadian Newspaper Association
374:'s CEO (and the former CEO of
320:by Canadian Industry Minister
1:
1386:"Mapping C-61 Media Coverage"
1487:Canadian federal legislation
475:Canadian Library Association
182:introduced on June 2, 2010.
178:This bill was superseded by
149:Conservative Party of Canada
1215:gduggan (online nickname).
1136:"Fair Copyright For Canada"
1063:. Zero Paid. Archived from
387:Consumers Council of Canada
351:, started by law professor
349:"Fair Copyright for Canada"
1518:
1259:. Macleans. Archived from
828:House of Commons of Canada
767:. PC World. Archived from
381:Consumer groups including
245:
67:House of Commons of Canada
27:House of Commons of Canada
1334:. Pulluxo. Archived from
416:Some opponents, like the
112:
32:
1482:39th Canadian Parliament
561:"Bill C-61 at LegisInfo"
139:by Minister of Industry
137:39th Canadian Parliament
1497:Proposed laws of Canada
508:Copyright Act of Canada
143:. The bill died on the
1492:Canadian copyright law
1312:. Mediacaster Magazine
965:June 27, 2008, at the
832: (a)Section 31.1.
563:. Parliament of Canada
325:
276:
132:
853:. CNA. Archived from
336:including NDP Leader
315:
222:"perform in public."
1502:2008 in Canadian law
1167:ComputerWorld Canada
399:Online Rights Canada
383:Option consommateurs
357:ComputerWorld Canada
334:New Democratic Party
911:on October 18, 2008
798:on October 18, 2008
677:"The Canadian DMCA"
73:Legislative history
657:on August 28, 2008
607:. October 7, 2008.
437:anti-circumvention
326:
1440:on April 24, 2008
1142:on June 18, 2008.
1067:on August 4, 2008
982:De Beer, Jeremy.
120:
119:
1509:
1450:
1449:
1447:
1445:
1436:. Archived from
1426:
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1417:
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1410:. Ottawa Citizen
1406:Geist, Michael.
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1384:Geist, Michael.
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1357:Geist, Michael.
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1338:on June 22, 2008
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1282:Schmidt, Sarah.
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1263:on June 15, 2009
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1223:on June 17, 2008
1219:. Archived from
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1156:. June 23, 2008.
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1112:. Archived from
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1040:on June 14, 2008
1032:Ponting, Susan.
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1005:Geist, Michael.
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907:. Archived from
903:Geist, Michael.
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884:on June 17, 2008
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857:on June 15, 2009
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790:Geist, Michael.
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771:on June 19, 2008
763:Townsend, Emru.
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702:Geist, Michael.
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653:. Archived from
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467:cloud computing
340:and NDP Member
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198:format shifting
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63:Enacted by
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1192:. Linux.com.
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1434:www.cla.ca
941:. CBC News
661:2008-09-08
530:References
196:, limited
38:Long title
368:Bob Young
308:Criticism
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