Tag Archives: Bill C-11

Bill C11: subsections 30.02(6), (7) and (8) are arguably unconstitutional

Another open letter to the Bill C-11 committee

Dear Bill C11 committee members,

As the bill undergoes clause-by-clause review, subsections 30.02(6), (7) and (8) are now being publicly criticized by legal experts as a “copyright grab,” by the collecting agency Access Copyright, which effectively transfers to it “the copyright of the majority of Canadian and foreign authors.”

In the interests of innovation, competition, and constitutionality, these subsections must be rejected, for they allow Access Copyright – an agency that has consistently operated in bad faith with Canadian educators – “to override the copyrights of others, monopolize markets and collect a de facto ‘Education Tax’ [that] is inefficient, immoral, and likely unconstitutional.”

I urge you to strike these pernicious subections from the bill. See Professor Ariel Katz’s analysis, “Bill C-11 and the big Access Copyright grab,” at http://arielkatz.ca/archives/1347*

Thank you for considering these comments.

Dr. Mark A. McCutcheon
Assistant Professor of Literary Studies
Athabasca University

* Katz’s analysis of Access Copyright’s backdoor sneak into Bill C-11 is a MUST-READ for #cdnpse

Open letter to Bill C-11 committee

To: Dean Del Mastro, Christian Paradis, James Moore, Phil McColeman, Peter Braid, Rob Moore, Paul Calandra, Scott Armstrong, Glenn Thibeault, Charlie Angus, Tyrone Benskin, Pierre Nantel, Pierre DionneLabelle, Andrew Cash, Geoff Regan
CC: my MP

Dear Bill C11 committee members,

I am writing to ask you please to maintain a balanced approach in finalizing and passing Bill C11.
The bill must not allow SOPA-style amendments (e.g. enabler provisions, site blocking, content takedowns), and it must maintain – not diminish – its already substantial fair dealing provisions.
I have previously expressed to you my concerns about C11’s digital lock provisions, and was made to understand that you are committed to passing Bill C11 without changes. If you are now considering changes, they must, if anything, be changes that better serve public not private interest. The demands now being made of C11 by music, software, and other entertainment lobbies must be refused, or else you risk doing grievous harm with this legislation to Canadian innovation, opportunity, and heritage.

Thank you for fielding these concerns.

Have you written to your MP and the Bill C11 committee yet? See Geist’s link below for ideas.

For more information about Bill C-11 and possible amendments, see:
Geist, Michael. “Closing time on C-11.” MichaelGeist.ca 8 Mar. 2012.
Knopf, Howard. “#C11 & Just Say No to Policy Bullying and the Imposition of Laws based on Policy-based Evidence Making.” Excess Copyright 9 Mar. 2012.
Winseck, Dwayne. “Wealth destroyers and end game for the copyright modernization act.” Mediamorphis 8 Mar. 2012.