The 101 on Bill C-11

After massive online lobbying on various Internet platforms, the controversial American bill, Stop Online Piracy Act (SOPA), was quickly reneged, attesting to the democratic power of social media. A similar Canadian online piracy bill, Bill C-11, has garnered less public attention — until now.

This proposed legislation has been in progress for many years but has emerged in the public limelight as a result of the backlash from the American SOPA and Protect IP Act (PIPA). As stated on the Canadian Parliament website, Bill C-11 proposes to modify Canada’s existing Copyright Act. The main objective of the bill is said to be to protect the rights of online copyright owners, including photographers, so as to “better address the challenges and opportunities of the Internet” and “be in line with international standards.”

Moreover, the legislation would allow businesses, educators, and libraries greater access to copyrighted material online, and allow for “certain uses of copyright material” for citizens’ personal consumption. The law is said to be “technologically neutral,” meaning that rules it enforces are fundamental to a society, not restricted to the presence or absence of particular technology. It would be reviewed by Parliament every five years.

Essentially, the bill would outlaw sites that perpetuate or aid piracy. Despite these benevolent intentions, many people, including members of Parliament, have raised concerns.

For those who criticize C-11, the “digital lock” that the bill would enforce seems economically damaging. Raymond Côté, NDP Member of Parliament for the Beauport-Limoilou, Que. riding, stated in the House of Commons on Feb. 10, 2012, “When an oligopoly exists…we can expect upward pressure on prices. All of us, ordinary consumers, all Canadians, would pay the price because a very small group of copyright holders would impose their rules, their prices and their distribution limits on our market. This could have unbelievable and devastating repercussions.”

Musician Patrick Bernier-Martin described to Alexandrine Latendrese, MP of the Louis-Saint-Laurent, Que. riding, how the bill can cripple his ability to use the Internet as a platform for music sharing by tightening current copyright legislation.

“As an emerging artist, I find it difficult to compete with recording industry heavyweights,” Bernier-Martin said. “The Internet is an intelligent and economical promotional tool that levels the playing field and supports the free market, giving me and those discovering my work a way to share my music….[However] my own music has been temporarily blocked on my own YouTube channel because Warner Music Group’s monitoring software detected that I was sharing protected content.”

Corneliu Chisu,Conservative MP of the Pickering-Scarborough East, Ont. riding

Advocates of the bill assert that the legislation can help creators, such as artists or authors, gain the recognition they deserve and protect them from plagiarists. Corneliu Chisu, Conservative MP of the Pickering-Scarborough East, Ont. riding said in the House of Commons on Feb. 10, 2012, “Our government recognizes how important copyright is for Canada’s creative industries. In the Speech from the Throne, we committed to introduce and seek swift passage of copyright legislation that balances the needs of creators and users. I have had a lot of discussion in my riding with groups of creators and artists and they are very pleased that our government created this opportunity to pass this legislation as soon as possible. Bill C-11 delivers on this commitment.”

The bill has been read a second time in the House of Commons and was referred to a legislative committee on Feb. 13, 2012. It remains in contention and is currently in the process of legislation.

 

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