Canadian Library Association Releases Proposed Technical
Amendments to Bill C-11
Legislation which does not include the right to bypass digital
locks for non-infringing purposes is fundamentally flawed
(Ottawa, February 16, 2012) – The Canadian Library
Association (CLA) is releasing its proposed technical amendments to Bill
C-11, An Act to Amend the Copyright Act. The bill recently passed at
second reading and will now receive further scrutiny by the Legislative
Committee on Bill C-11.
Librarians across the country continue to hear that copyright
laws must reflect the public interest. Over 21 million library users are
seriously concerned about the shape of Canadian copyright
legislation.
"CLA applauds
significant improvements to Canada’s copyright regime contained in
the bill," said Karen Adams, CLA President. "However, changes are
required to ensure the legislation ultimately succeeds in its objectives
of being both balanced and technologically neutral. Our overriding
concern remains the unnecessarily proscriptive protections for digital
locks, which dramatically limit the additions and reduce the impact of
the exceptions to fair dealing."
As Bill
C-11 moves into this critical round of debate around the Committee
table, CLA proposes that technical amendments be made in the following
sections:
- Section 30.1
(1) – the proposed amendment would clarify that multiple
alternative formats of materials can be made by libraries, archives and
museums for preservation purposes.
- Section
32.01 – the proposed amendment would permit the cross
border movement of an alternative format "without the authorization of
the rightholder" and with no requirement for royalty payment or
reporting to "an authority".
- Section 41 –
the proposed amendment to the definition of "circumvent" will ensure
Canadians’ ability to invoke their full rights as information
users by allowing them to bypass digital locks for non-infringing
purposes.
"Legislation which does not include the right to bypass digital
locks for non-infringing purposes is fundamentally flawed," said Adams.
"If digital locks trump access for legitimate purposes, Canada’s
libraries will have difficulty in fulfilling their mandates and
Canadians will lose access to some information that is currently
available."
Canadian
libraries are the public interest. They play a vital role in
providing Canadians access to all forms of material. This access to
information is integral to ensuring that Canadians are regular
contributors to the economic, social and cultural well-being of their
communities.
CLA has
shared these proposed amendments with the Honourable James Moore,
Minister of Canadian Heritage and Official Languages, the Honourable
Christian Paradis, Minister of Industry, as well as all members of the
Legislative Committee on Bill C-11.
"CLA
appreciates the consideration of the Legislative Committee members and
all Members of Parliament of these proposed technical amendments,"
concluded Adams. "We remain committed to working together with
government to develop fair and balanced copyright legislation that is in
the public interest."
To
access the full document, CLA Proposed Technical Amendments to Bill
C-11, please visit:
- 30
-
The
Canadian Library Association/Association canadienne des
bibliothèques (CLA) is Canada’s largest national and
broad-based library association, representing the interests of public,
academic, school and special libraries, individuals who work in
libraries, and all those concerned about enhancing the quality of life
of Canadians through information and literacy.
For
more information or to schedule an interview, please
contact:
Alana
Fontaine
Tel.: (613) 233-8906
Cell: (613) 299-4017
cla@impactcanada.com
