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An Act to amend the Copyright Act (41st Canadian Parliament, 1st Session) : ウィキペディア英語版
Copyright Modernization Act

|bill_citation = (C-11, 41st Parliament, 1st Session )
|bill_date =
|introduced_by = Minister of Industry and Minister of State (Agriculture) Christian Paradis
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|summary = (Legislative Summary )
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|status = in force
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''An Act to amend the Copyright Act'', also known as ''Bill C-11'' or the ''Copyright Modernization Act'', was introduced in the House of Commons of Canada on September 29, 2011 by Industry Minister Christian Paradis. It was virtually identical to the government's previous attempt to amend the ''Copyright Act'', Bill C-32. Despite receiving unanimous opposition from all other parties, the Conservative Party of Canada was able to pass the bill due to their majority government. The bill received Royal Assent on June 29, 2012 becoming the first update to the Copyright Act since 1997.
Bill C-11's digital lock protections have been called "the most restrictive in the world" and student groups compared it to the controversial SOPA legislation that was introduced in the United States. Ottawa lawyer Kathleen Simmons stated "If we take out the digital lock provisions, the bill appears to be very balanced. It introduces some additional protection for different rights holders and performers but it’s also introducing a lot of user-friendly exceptions." After the Copyright Modernization Act passed, debates over its digital lock provisions continued in House discussions on Bill C-56, the Combating Counterfeit Products Act.
==Content==
The Act contained many significant provisions. It:
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* Makes explicit allowance for time shifting, format shifting and backup copies as long as no digital locks are involved.
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* Expands the scope of fair dealing to include education, satire, and parody which enables users to make use of fragments of copyrighted works if no digital locks are involved.
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* Introduces a new exception for user-generated content created using copyrighted works without digital locks.
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* Prohibits the circumvention of digital locks, even for personal use, with some limited exceptions (such as unlocking cell phones).
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* Limits the amount of statutory damages for cases of non-commercial infringement to between $100 and $5,000 for all infringements in a single proceeding for all works. Statutory damages for commercial infringement range from $500 to $20,000 per work infringed.
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* Adopts a “notice-and-notice” regime which requires ISPs to forward any notice alleging infringement received from copyright owners to the subscribers in question.
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* Allows an educational institution or a person acting under its authority to reproduce a work, or do any other necessary act, in order to display it.〔(【引用サイトリンク】url=http://copyright.ubc.ca/copyright-legislation/bill-c-11-the-copyright-modernization-act/ )
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* Allows libraries to reproduce works in its permanent collection in alternate formats if the original format is obsolete, or if the technology required to use the original is no longer available.〔
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* Requires educational institutions to ensure that copyrighted course materials are destroyed 30 days after the end of said course.〔
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* Requires libraries to place a 5 day time limit on material borrowed electronically.〔
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* Makes performers and photographers the primary owners of their commissioned works.
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* Calls for a review of copyright law every five years.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Copyright Modernization Act」の詳細全文を読む



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