Copyright Modernization Act

An Act to amend the Copyright Act

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

Tony Clement  Conservative

Status

In committee (House), as of Nov. 5, 2010
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Copyright Act to
(a) update the rights and protections of copyright owners to better address the challenges and opportunities of the Internet, so as to be in line with international standards;
(b) clarify Internet service providers’ liability and make the enabling of online copyright infringement itself an infringement of copyright;
(c) permit businesses, educators and libraries to make greater use of copyright material in digital form;
(d) allow educators and students to make greater use of copyright material;
(e) permit certain uses of copyright material by consumers;
(f) give photographers the same rights as other creators;
(g) ensure that it remains technologically neutral; and
(h) mandate its review by Parliament every five years.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

February 14th, 2012 / 4:05 p.m.
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Conservative

Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB

I move that the evidence and documentation received by the legislative committee on Bill C-32, An Act to amend the Copyright Act, during the third session of the 40th Parliament be taken into consideration by this committee.

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 12:05 p.m.
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NDP

Tyrone Benskin NDP Jeanne-Le Ber, QC

Mr. Speaker, I am very pleased to rise again to debate on the bill. I would hope that once the bill gets to committee, it would become a little more like what Canadians are looking for. At the present time, it is not.

The hon. member who spoke before stated that the bill, in its incarnation as Bill C-32, was the subject of wide splits then. However, that same bill was re-introduced as Bill C-11 with no changes. I am surprised that the Conservatives feel that people should be accepting the bill in this incarnation.

One of the many issues is the right of the artist. Copyright was something that was created to protect the interests of the artists, the owners and creators of works. However, the bill seems set toward usurping that right and creating a right for users. This does not happen in any other industry. If one builds a car, there are no laws legislating how much one can charge for that car. The pricing is market driven.

Independent artists are independent workers. They create work and the value of the work is based on merit. The use of that work should be controlled by the artist and not by industry or users. Users should have access to that work under certain conditions, but free access is something that neither helps the industry nor the artists.

If an artist cannot make a living doing their work and have no income, they basically have to go to the double arches to flip hamburgers to make a living. How can they create and work if their time is split that way? If there is no artistic work to be used as a result, then the users lose because they have nothing to benefit from.

First and foremost, I will cover the issue of remuneration, which is lost under this bill, as the private copy levy will be virtually phased out with the changeover of technologies. Remuneration of upwards of $30 million now goes to individual artists. This money is extremely important for an artist, because it is the difference between their making enough money to do their work in their craft and having to split their time between flipping hamburgers or working in a restaurant.

Over the last few years, in music particularly, we have seen Canadian artists rocket to the top of the world music industry. This is because they have had the time to polish their craft and create as opposed to doing odd jobs in order to earn a living. This has allowed artists to live like normal people, to have families, and to contribute to the tax rolls and, more importantly, contribute to the beauty and identity of Canada.

The bill would take that away and offers no compensation or re-compensation for the use of artists' work. Again, and I will repeat this many times, the bill first and foremost does not respect the rights of artists

Earlier in the House the members opposite stated that the bill was supported by producers and associations. One artist was named in that list. In a democracy that is fine, but I can tell the House that tens of thousands of artists have come to me and my colleagues to say that the bill will not work for them. If we are continuing debate on the bill, it is because of the lack of movement on the government side to hear what these artists are saying and the other stakeholders who have issues with the bill.

There is no time limit to debate. If a bill does not work, we should debate it until it does work, until it finds consensus. Otherwise, all it would be is one side's thoughts and everyone would have to live with them.

This is what artists are fighting. This is what other organizations, arts organizations, theatre companies, film companies, actors, musicians, all the people who have a vested interest in this copyright law are fighting. The government needs to listen to them.

I will hold the minister to his word that he wants to see amendments that make this bill better come out of the committee.

In terms of the type of people this bill affects, as in rights holders, it does not cover re-use laws. For example, when a visual artist creates a work, a sculpture or a painting, and that work is sold for $1,000, and then within a period of time the physical owner of that work sells it for $10,000, none of that $10,000 is seen by the artist. It moves on in time, and as the fame or the talent of the artist grows, the work grows in value. The artist who created that work does not see the profits from that work. This is something the bill needs to address.

It is the same thing with photography. When a photographer takes a picture, who owns that picture? If a photographer takes a picture at a family outing, a wedding or whatever, who owns the rights to that picture? If the couple wants to make copies to send to family members, which is a wonderful thing and something they need to do, that photograph is being copied and the creator is not being remunerated for that.

Centuries have gone by where artists were looked upon as vagabonds and beggars and useless members of society. I, being an artist, have always taken offence to that, but hey, the world is what the world is.

Not so long ago copyright was created to prevent artists from having their work taken from them. Once upon a time an artist would create a work and he or she would be given $50 and the work would be the property of whoever bought it. None of that remuneration would ever come back to the artist. The original copyright laws were put into place to help stop that from happening.

Today there are blues artists who have contributed to the growth of music in the world but who will die destitute because they have no claim to the work they created. This copyright bill needs to protect them. It needs to address that issue even further.

In terms of digital locks, why? Digital locks only serve the producers of the work, the shared copyright holders of the work, the industry, per se. Locking a piece of work only serves two things. It serves those whose sole interest is in finding a way around the lock, which seems to be a favourite pastime of many people. Finding a way around these digital locks gives them an opportunity to practise their craft, so to speak. What can be locked can be unlocked. How does this benefit artists? How does taking $30 million out of their pockets and putting a lock on their work benefit them?

The bill needs to be considered a good long time. It is something that has been needed for a long time to become compliant with the World Intellectual Property Organization, WIPO, and create devices against piracy.

However, the bill seems to leave more to punitive speculation after things are done as opposed to making sure that: one, artists are remunerated properly; two, people have reasonable access to that; and three, how we make a bill that serves everybody as opposed to one segment of society.

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 10:55 a.m.
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Conservative

Peter Braid Conservative Kitchener—Waterloo, ON

Mr. Speaker, I must admit that I am astounded by the hypocrisy of the question. We are debating Bill C-11. Currently, we have hours allocated for just that. There will be almost 75 speeches. Bill C-11 is exactly the same bill as Bill C-32.

I was on the special legislative committee in the last session of Parliament. On the government side, we wanted to sit day and night to get the bill passed. The opposition members, all of them, sat on their hands and twiddled their thumbs. They wanted to have nothing to do with moving the bill forward. Finally, we have the opportunity to move the bill forward to support innovation and creativity in this country. I look forward to getting that done.

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 10:55 a.m.
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Conservative

Peter Braid Conservative Kitchener—Waterloo, ON

Mr. Speaker, there is indeed a very long list of groups and stakeholders that support Bill C-11 and supported Bill C-32 in the last session of Parliament, including artists and creators.

I spoke in my comments about the entertainment software industry. Let me go on, as the hon. member wishes to hear the full list.

Our bill is supported by 400 film, television and interactive media companies across Canada; 150 chief executives across Canada; 38 multinational software companies; 300 Canadian businesses, associations and boards of trade; and 25 university student associations across Canada.

Let me quote a great Canadian musician Loreena McKennitt. She said that the changes proposed in the bill are “fair and reasonable” and that “By fair, I mean establishing rules that ensure artists...are paid for their work.... By reasonable, I mean rules that allow consumers to fully enjoy music...that people like me produce.”

I want Canadian artists--

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 10:50 a.m.
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NDP

Tyrone Benskin NDP Jeanne-Le Ber, QC

Mr. Speaker, the hon. member pointed out a list of people supporting the bill in its current form. Each time I have heard that list, the only people who have been drawn upon are from the video gaming industry.

As an artist for 30 years, I have known full well, from following the bill since its incarnation as Bill C-32, that the vast majority of the artistic community does not support the bill. Artists do not support the bill because it would take away their remuneration and rights. The bill would basically usurp the rights of the creators.

I would like the hon. member, if he would, to answer the question why or what proof he has that the majority of artists support the bill. In addition, I would hope that he would not think this is a delaying tactic, because a considerable number of Canadians do not support the bill. I think it is only right to debate it until we can find that balance and consensus.

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 10:15 a.m.
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Conservative

Scott Armstrong Conservative Cumberland—Colchester—Musquodoboit Valley, NS

Mr. Speaker, I am pleased to rise in my place for the second reading of Bill C-11, , the copyright modernization act, which would harmonize copyright law with current international standards and update marketplace framework laws to address new and emerging technological environments.

We need a common sense, balanced approach to copyright, one that is technologically neutral so that, as innovation continues to evolve, the Copyright Act would no longer be constrained by the way in which we respond to today's technological choices. The measure we introduce today in the bill must remain relevant to the technologies not only of today but the technologies of tomorrow.

The Copyright Act was changed in 1988 and then again in 1997. Many of the technologies we enjoy today were not invented by then and many of the students who I used to teach, who enjoy these devices today, were not even born the last time the Copyright Act was changed. The current act does not respond to the opportunities and challenges provided by Web 2.0 and social media. It does not answer the needs of the multi-billion dollar industries of today that were in their infancy the last time Parliament amended the Copyright Act. For these reasons, we need to modernize Canada's copyright laws and bring them in line with the demands of the digital age.

The Internet presents specific challenges to intellectual property. Each country approaches copyright and the Internet in a different way. As other countries have proceeded with copyright reform to bring their laws into line with the World Intellectual Property Organization's Internet treaties, we can see how important the rights and protections provided by these treaties can be.

In addressing copyright and the Internet, Canada has sought a real balance between the legitimate interests of the consumer and the creator while protecting the interests of the search engines and the Internet service providers. Bill C-11 would implement a notice and notice regime, which is a Canadian approach, supported by Canadian stakeholders, including the Internet service providers.

Under this bill, when an Internet service provider has received a notice from a copyright owner that a subscriber has been infringing upon copyright, the ISP would be required to forward a notice to that subscriber. Additionally, the ISP would be required to retain a record of this notification, including the identity of the alleged infringer. This record could be used if court proceedings were to follow at some time in the future.

I suggest that this made in Canada approach to copyright protection would be much more effective than the notice and take-down approach that has been put in place in the United States of America. Notice and notice is a Canadian innovation in intellectual property law. So, too, is the introduction of a new civil liability explicitly targeting those who wilfully and knowingly enable online piracy. Internet service providers and search engines would be treated as true intermediaries under these provisions. However, together with measures to protect copyright holders from piracy in the digital marketplace, this bill would also provide measures that would enable businesses to work with copyrighted materials in the pursuit of innovation.

Under the current law, an innovative company can run afoul of the copyright laws if it makes copies of another product in order to pursue encryption research, reverse engineering or testing for compatibility or security. The bill would remove these restrictions, enabling innovative companies to appropriately use copyright material to develop new products and services.

I believe that we have achieved a balance in this bill that would enable Canada to move ahead in the digital economy. It would foster innovation among companies and protect the search engines and the ISPs that have become such valuable players in the digital society. The bill would enable us to take our place among nations that have modernized their copyright laws. It would create an environment in which creators can create and consumers can enjoy the fruits of those creations for generations to come.

Canada is late in acting upon its goal to bring copyright practices in line with the digital age. A decade and a half has passed since we were at the table to help craft WIPO's Internet treaties. In the meantime, our trading partners have moved ahead with their own intellectual property regimes. However, although we may be late in modernizing our laws, students who were born the last time Parliament reformed the Internet practices and copyright are now in high school. It has been a long time since we have done this. The bill before us represents an innovative made in Canada approach to enforcing copyright on the Internet and would provide the flexibility that innovative companies require to continue the research and development of new products.

The time has come to put these measures into action. We were delayed in implementing these provisions when the previous Bill C-32 died on the order paper in the last Parliament. The months that have passed since have underscored not only the importance of copyright protection but the importance of getting the regime right.

I believe Canada has found the right balance, a balance that will serve as a model for others. We need to move quickly to pass this bill so that creators and consumers can both benefit, and for the clarity and protection that this bill would provide. I urge hon. members to join me in supporting it as we send it to committee.

Copyright Modernization ActGovernment Orders

February 10th, 2012 / 10:05 a.m.
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Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

Mr. Speaker, I am honoured to rise today to speak at second reading of the much awaited, much anticipated and much needed Bill C-11, the copyright modernization act.

Since this Parliament convened last autumn, the House has had a wide-ranging debate on this bill. In fact, the debate began even before this Parliament convened. Hon. members are aware that the provisions to modernize the Copyright Act and bring it in line with the demands of the digital age were introduced in the last Parliament as Bill C-32. That bill died on the order paper, unfortunately, but not before it had gone through second reading and had been discussed thoroughly at committee.

Now we are in a new Parliament and some of the old discussion has been renewed. We have scrutinized many of the provisions of the bill. We look forward to referring it to committee.

From listening to the debates, I have concluded that everyone on both sides of the House agrees on several important points. The first is that we definitely need to modernize Canada's copyright laws. This is long overdue.

Compared to our trading partners, Canada is late in updating our copyright laws for the digital age. Members on both sides of the House have referred to Canada's obligations as a member of the World Intellectual Property Organization. We are among over 80 countries that have signed the 1996 WIPO treaties, but we have not yet implemented them. As a result, Canada's copyright law has simply not kept pace. This bill would bring Canada in line with our G8 partners and most of the major economies of the OECD.

That brings me to a second point made from both sides of the House during this debate. It is often amazing how much commonality we can find if we look for it among members on all sides. The second point is that we would not update our copyright laws simply because we want to keep abreast of our trading partners. We would also do it to send a clear message to artists and creators that we value their creativity and innovation. We want them to live here, to work here, to invest here, to create here. We want their contributions to help make our Canada a great place to work, live and raise a family.

Another theme we have heard during this debate is the importance of finding the right balance when modernizing the Copyright Act for the digital age. Anyone who is aware of this subject knows that copyright law has to balance a great many interests. On the one hand, consumers have a definite interest in being able to use different platforms and media to enjoy the products they have purchased. They want to be able to use art and music to enhance their own creative efforts, for example, by adding soundtracks to their home videos. Also, educators and researchers want to use material available online in order to promote learning and to advance knowledge, noble goals.

These interests must, on the other hand, be balanced with those of creators and artists who depend upon the financial rewards of their innovation. Creators have to be rewarded. They have a right to be rewarded for their ideas and efforts.

We must also encourage and reward those working in related creative industries. Ideas do not just simply spring into life and get distributed across the country on their own. In related creative industries from music and film to publishing and video gaming, all those people who invest heavily in creative products need to be compensated for their risks. Such stakeholders have a right to be rewarded for their investment. They have a right to protect themselves from those who want to take what they have helped create but not pay for it. In fact, if they cannot protect themselves in this fashion, they will lose motivation.

There is the challenge: to achieve a balance between the ability of Canadians to access and enjoy new technologies and the rights of Canadian creators who contribute so much to our culture and economy.

On the one hand, the bill would equip businesses with the legal framework to protect their intellectual property. Companies could use digital locks as part of their business model and they would enjoy the protection of the law. However, at the same time the bill would legitimize the everyday activities of Canadians. It would make important exceptions for teachers and students to use new technologies to impart knowledge. The bill would encourage innovation and education by encouraging the use of leading-edge platforms and technologies by teachers and students across the country.

The bill would also provide fairness and balance in the penalties available to enforce the law. The current legislation does not discriminate between violations for commercial purposes and violations for personal use. The bill before us would create two categories of infringement to which statutory damages could apply: commercial and non-commercial.

Under the new bill, Canadians who are found in violation of the law for non-commercial purposes could be fined an amount ranging anywhere from only $100 up to $5,000.

On the other hand, the bill would give the courts sharp teeth when dealing with the infringement of copyright for commercial purposes. The courts then could impose fines up to $20,000 per infringement.

It is important that this message gets out across the country.

The bill before us seeks a careful balance between the interests of creators of copyrighted material and its consumers. Achieving this balance is not easy. Previous Parliaments have tried to find the right balance, but bills have died on the order paper instead.

We hope that this time will be different and we can move ahead with a bill that would be good for both creators and consumers. The bill benefits from the careful planning that went into Bill C-32. Hon. members will recall that before tabling that bill, the government consulted widely with individual Canadians, interest groups and associations. As a result, Bill C-11 before us benefits from the input and the advice of many different points of view.

Now, some hon. members may debate that the balance tips too far to one side. Others may debate that it should go in the other direction. The bill may not be perfect; however, it is very good. We must not let the perfect become the enemy of the good by preventing the bill from passing. I believe it has found the proper balance. I am looking forward to the bill proceeding to committee.

As I always do when I rise in this House, I urge hon. members to set aside their differences and to join me in meeting the common interests and aspirations of all Canadians. Let us get together and support the bill.

Second ReadingCopyright Modernization ActGovernment Orders

February 8th, 2012 / 5 p.m.
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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I thank my hon. colleague for having provided some clarification, given his experience working with the legislative committee. Based on his experience, can he further explain the amendments he would have made to improve the bill, since we want to save time? Also, what were the major shortcomings the committee identified in Bill C-11 compared to Bill C-32?

Second ReadingCopyright Modernization ActGovernment Orders

February 8th, 2012 / 4:50 p.m.
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Conservative

Gord Brown Conservative Leeds—Grenville, ON

Mr. Speaker, I am happy to see that the motion passed, as we now have the opportunity to have further debate. There has been significant debate already on this bill and I am pleased to have the opportunity to rise today to speak on the copyright modernization act.

This bill proposes amendments to the Copyright Act. As my colleagues know, our government made a firm commitment in the Speech from the Throne to introduce and seek swift passage of copyright legislation that balances the needs of creators and users. Our government is delivering on this commitment. We all know there has been significant debate on this issue. In the last Parliament, I had the opportunity to chair the special legislative committee on Bill C-32, the exact same bill now before the House as Bill C-11.

I am happy to see that our government has taken this commonsense approach to modernizing the copyright laws in Canada. We have crafted a bill that differentiates between positive activities and illicit activities in the digital environment. Furthermore, this bill would make Canada an attractive location for creators, innovators and investors. In short, it is a key element of our government's commitment to help create jobs and build the industries of the future.

Our government recognizes that Canada must keep in step as countries around the world respond to the new realities posed by rapid technological change. Every day there is something newer, something faster or better out there for creators and users. Determined new competitors are rising. We need to keep pace. Canada must be prepared to compete in this global economy. This bill is an important tool in accomplishing this.

A modern copyright framework would strengthen Canada's competitive position. The copyright modernization act would bring our copyright law in line with advances in technology and current international standards. It would give Canadian creators and innovators the tools they need to keep Canada competitive internationally. It would implement the rights and protections of the 1996 World Intellectual Property Organization's treaties, also known as the WIPO Internet treaties, which represent an international consensus on the standard of copyright protection.

I am sure that hon. members will recall that in the early 1990s, international discussions were initiated by WIPO member states on the type of copyright protection needed to respond to the challenges and opportunities of the Internet and other digital technologies. These treaties established new rights and protections for authors, sound recording makers and performers of audio works. They built on existing international frameworks found in the Berne and Rome conventions.

All these agreements established a minimum level of rights granted to creators under the national laws of WIPO member states. These WIPO standards have been implemented in more than 80 countries worldwide. Complying with them just makes sense. All of our major trading partners have ratified or acceded to these treaties, including the United States, the EU and its member states, and China, Japan and Mexico.

This bill seeks to protect the rights of Canadian creators in a number of areas that are as diverse as the works they create. To this end, the bill institutes new rights, such as the distribution right to control the unauthorized distribution of copyrighted materials; the making available right for performers and producers of sound recordings, who would enjoy an exclusive right to offer copyrighted material over the Internet; and moral rights for performers to ensure, for example, that a work is not altered in a way that harms an artist's reputation.

The bill would also provide new protections for our artists and creators. For example, it prohibits the circumvention of digital locks, as well as the removal of rights management information such as digital watermarks. It would also establish new rules that would prevent the manufacture, importation and sale of devices and services to break digital locks. In addition, with this bill the term of protection for sound recordings of performers and producers would be extended to 50 years from the time of publication of a musical performance.

I would also note that the bill would make photographers the first owners of the copyright of their photographs. The copyright would be protected for 50 years after the life of the photographer, harmonizing the treatment of photographers under Canada's copyright law with that of other creators. It would also harmonize with it the laws of many other countries. This would allow photographers to take advantage of opportunities in the global marketplace. At the same time, the people who commission photographs would be able to make personal or non-commercial use of the photos unless there were a contract that specified otherwise.

The bill would strengthen the ability of rights holders to control the use of their works online so that they can prevent widespread, illicit use and to promote legitimate business models. Such provisions include the creation of a new category of civil liability that targets those who enable online piracy.

The bill is also about meeting the needs of users. For example, under the fair dealings section, the bill adds education, parity and satire as purposes for which copyright works could be fairly used provided the use of the work does not unduly harm the legitimate interests of the copyright owner.

Finally, the bill introduces technological neutrality. By promoting creativity and innovation, our government is enabling the members of Canada's creative community to assume their rightful place alongside the best in the world.

Before I wrap up, I will say that there have been significant opportunities to debate this bill. In the last Parliament, there was Bill C-32 and there were previous bills in previous Parliaments. There has been more public consultation on this bill than on any other topic that we have dealt with in this House.

In the last Parliament, we saw that the committee, for which I had the honour of chairing, worked well together. The election was called and we never had the opportunity to have amendments to the bill at that point. I know the government is open to amendments and to some potential changes to this bill. We will have another couple of days of debate on this issue. I look forward to seeing this bill getting in front of committee. In the last Parliament the committee did work well together and there were opportunities to hear different viewpoints. This is a bill that is very complicated.

For those who are new members of Parliament, they will hear from a lot of different people about the various parts of this bill. There are many technical things to this bill. It does take a lot of effort to get up to speed and understand this bill. I encourage members to take the time to learn about this and the digital economy. I know many do know a lot about it.

We put this bill forward in the last Parliament and are now putting it forward in this Parliament to help create jobs and to protect jobs in Canada. I encourage the opposition and all members in this House to see this through to committee. I know that when this bill gets passed through second reading, the committee will do good work. I know there are many members of the public and many organizations who want to be in front of the committee to bring their concerns forward.

I look forward to this bill passing because it is something that is long overdue. It will be good for Canada, good for the economy, good for all people in Canada and good for creating jobs.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 4:05 p.m.
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Conservative

James Moore Conservative Port Moody—Westwood—Port Coquitlam, BC

Mr. Speaker, with regard to transparency in this legislation, I have been a part of this bill from its very inception in the previous Parliament as Bill C-32.

We had webcasts and copyright.gc.ca. We had open forums where the public could attend in Quebec City, Montreal, Halifax--I was there--Vancouver, Calgary, here in Ottawa and over in Gatineau. More Canadians participated than I ever thought would participate. There were tens of thousands, and all their submissions were put on the web for free. We made it accessible to everybody. They were freely available for people to see them, download them, debate, disagree. To be honest, it was a fantastic conversation. It was wide open, like something we have never seen before.

Let us move forward with this. Let us make it work. If my hon. colleague thinks there should have been more time used in the House and more MPs should have spoken, as he spoke on the bill twice, maybe he should have given one of his two speaking spots to one of his colleagues who did not get a chance to speak.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 3:55 p.m.
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Conservative

James Moore Conservative Port Moody—Westwood—Port Coquitlam, BC

Mr. Speaker, we have not put up government members because we want to get the bill forward. We have had ministers who have stood in the House. The Minister of Industry and I have stood in the House, spoke to and outlined the intentions of this bill, what we hoped to achieve and made the government's case. Now we want it to go back to where it was in the previous parliament and get down to the details.

What we have done as a government is ceded all of our time for speaking in the House of Commons to the opposition party. We have had an unprecedented number of NDP members of Parliament, who are new MPs who did not get to speak on Bill C-32, who can now address Bill C-11, which is the same bill, and can make their points so we can move forward.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 3:50 p.m.
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Conservative

Christian Paradis Conservative Mégantic—L'Érable, QC

Mr. Speaker, I would like to repeat that this is not my first term, either. I have been here for six years. I have watched this law evolve, given that the Liberals also tried to reform this legislation. However, during the third session of the 40th Parliament, the committee discussed Bill C-32 for 39 hours—a total of 20 meetings at which 78 organizations and 122 individuals appeared. Also, 91 speeches were given over a period of eight days, for a total of 28 hours. This was followed by another seven hours with 17 more speeches.

Also, during this session of the current Parliament, we have heard over 20 hours of debate and 75 speeches. As my colleague was saying, this bill is quite possibly the most debated bill in this House. Speaking of statistics, I have some here and I can say that many people are pressuring us to pass this bill since it will have major repercussions. People are asking us to pass it sooner rather than later, because frankly, the VHS era is long gone.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 3:50 p.m.
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Conservative

Gord Brown Conservative Leeds—Grenville, ON

Mr. Speaker, I appreciate the opportunity to rise on this issue.

I happened to be the chair of the special legislative committee on Bill C-32. That bill received some debate in the House and with all party agreement it moved through second reading and to committee where committee heard from about 125 different groups and about 70 witnesses. There was a great deal of opportunity to work on the bill. Unfortunately, the election happened and at the point the committee's work came to an end.

The fact is a lot of work has already been done on this legislation. I have been here on a number of days in the House when we have had debate. Many members have already had an opportunity to speak to the bill.

Other than to delay and obstruct the legislation getting to committee, maybe the Minister of Canadian Heritage could tell us if there is any other reason that the opposition does not want us to move toward having a vote on this, getting the bill to committee and getting the work done so we can do what we can to ensure we protect jobs with this legislation.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 3:45 p.m.
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Conservative

James Moore Conservative Port Moody—Westwood—Port Coquitlam, BC

Mr. Speaker, on the topic of the legislation before us, the government is actually restoring the identical bill from the previous Parliament to where it was in the previous Parliament so we can continue consideration of it.

I know it is my hon. colleague's first term. This is my 12th year as a member of Parliament and I can tell her that except for the Liberal government's Bill C-2, the response to 9/11, this legislation will have had more consideration at a stand-alone legislative committee and parliamentary and public consideration with all of the tens of thousands of submissions we received from Canadians in person and in writing and the consultations we did across the country before we drafted the bill. Then we drafted the legislation.

There was reaction to Bill C-32. The committee was considering the bill. I think the committee on Bill C-32 received over 100 witnesses before it, giving us constructive criticism and feedback on how the bill could go forward. Then we had an election.

However, we want to continue all the hard work that was done on Bill C-32. We want to carry it forward with Bill C-11 and continue the process as though it was uninterrupted because there is so much at stake and so much went into the drafting of the legislation.

My hon. colleague should know that this bill will have had more consideration by Canadians at two stand-alone legislative committees and more time in the House than any bill Parliament has seen since the Liberals' Anti-terrorism Act back in 2001. That shows our commitment to ensuring we listen to all Canadians when it comes to getting intellectual property right.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

February 8th, 2012 / 3:45 p.m.
See context

Mégantic—L'Érable Québec

Conservative

Christian Paradis ConservativeMinister of Industry and Minister of State (Agriculture)

Mr. Speaker, first, we are all well aware that the NDP's strategy is to block virtually all bills. That is what the member for Acadie—Bathurst said. He revealed a plan to impede the progress of all bills by putting forward as many speakers as possible to justify a strategy in which members have the right to speak.

As my colleague, the Minister of Canadian Heritage and Official Languages, pointed out, many speeches have been given during the current session. During the last session of the previous Parliament, there were, once again, 17 speeches with a range of exchanges concerning bills C-32 and C-11. Before that, there had already been 27 hours of debate.

That is why we are saying it is now time to pass the bill as is. We will accept amendments in committee, but it is time to leave vinyl and VHS behind and move into the digital age. We have to move on without further delay. To do otherwise would be to let the nation get bogged down in yet another political impasse and fail to fulfill our international obligations according to the World Intellectual Property Organization.