The Copyright Modernization Act passed through the legislative process and obtained royal assent in June of this year. And though I am critical of the technological protection measure provisions, the bill is still a step forward. But it appears that the lobbyists in the United States are attempting to reverse many of the provisions in this legislation through the Trans Pacific Partnership trade negotiations.
The International Intellectual Property Alliance want to circumvent our democratic processes in order to force our government to enact RIAA style prosecutions in Canada.
They are demanding new penalties for intellectual property violations, new processes in which internet providers are forced to police the internet on their behalf and the removal of the $5000 liability cap on non-commercial infringement.
But their demands don’t end there.
They want an extension of the copyright term up to the American standard and want our customs officers to search people for copyright violations upon entry, without a search warrant.
At the moment copyright is limited to life plus 50 years, meaning an author will own his works up to his death and his estate would retain copyright on these works for 50 years after the author’s death.
The Americans extended their copyright term to life plus 70 years and added additional provisions to their Copyright Act extending copyright on published works to 95 years from publication, which could be renewed resulting in a term of 120 years in some instances.
So, not only do they want to practically eliminate our public domain
but they also want us to be burdened with longer lines at our airports and border crossings so searches can be performed on laptop hard drives and media players.
These amendments were ineffective in the United States, having failed to prevent 96.68 million BitTorrent downloads in the first half of 2012 according to the Musicmetric Digital Music Index, so why would they work in Canada ?
Bill C-11, the Copyright Modernization Act, will be up for its third reading vote by June 18th in the House Of Commons.
Bill C-11, the Copyright Modernization Act, is scheduled to have its third reading in the House Of Commons today and/or tomorrow.
Click here to read the current version of the bill.
A “coalition of international, regional and national publishers associations” has sent a letter to our government threatening retaliation for Bill C-11 with a WTO complaint.
Apparently they dislike several exemptions provided by the bill :
“As currently drafted, however, many provisions of C-11 may allow a broad group of public and private institutions and organizations to copy and distribute works under a vague and intentionally broad educational exception in ways that publishers and authors license, thereby promoting strife and litigation, and potentially violating all three elements of the three-step test.
Similar concerns also relate to the exceptions for non-commercial user generated content, the display exception and the tests and examination exception, the exception relating to publicly available material on the internet, and the inter-library loan exception.”
The International Publishers Association is comprised of about 60 international organizations from 50 nations and is based in Geneva.