Copyright Modernization Act

An Act to amend the Copyright Act

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Christian Paradis  Conservative

Status

This bill has received Royal Assent and is now 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.

Votes

June 18, 2012 Passed That the Bill be now read a third time and do pass.
May 15, 2012 Passed That Bill C-11, An Act to amend the Copyright Act, as amended, be concurred in at report stage with further amendments.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 15 on page 54 the following: “(3) The Board may, on application, make an order ( a) excluding from the application of section 41.1 a technological protection measure that protects a work, a performer’s performance fixed in a sound recording or a sound recording, or classes of them, or any class of such technological protection measures, having regard to the factors set out in paragraph (2)(a); or ( b) requiring the owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording that is protected by a technological protection measure to provide access to the work, performer’s performance fixed in a sound recording or sound recording to persons who are entitled to the benefit of any limitation on the application of paragraph 41.1(1)(a). (4) Any order made under subsection (3) shall remain in effect for a period of five years unless ( a) the Governor in Council makes regulations varying the term of the order; or ( b) the Board, on application, orders the renewal of the order for an additional five years.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 11 on page 52 with the following: “(2) Paragraph 41.1(1)( b) does not”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 25 on page 51 with the following: “(2) Paragraph 41.1(1)( b) does not”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 1 to 7 on page 51.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 24 to 33 on page 50.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting line 37 on page 49 to line 3 on page 50.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 17 to 29 on page 48.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 38 to 44 on page 47.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “(5) Paragraph (1)( a) does not apply to a qualified person who circumvents a technological protection measure on behalf of another person who is lawfully entitled to circumvent that technological protection measure. (6) Paragraphs (1)( b) and (c) do not apply to a person who provides a service to a qualified person or who manufactures, imports or provides a technology, device or component, for the purposes of enabling a qualified person to circumvent a technological protection measure in accordance with this Act. (7) A qualified person may only circumvent a technological protection measure under subsection (5) if ( a) the work or other subject-matter to which the technological protection measure is applied is not an infringing copy; and ( b) the qualified person informs the person on whose behalf the technological protection measure is circumvented that the work or other subject-matter is to be used solely for non-infringing purposes. (8) The Governor in Council may, for the purposes of this section, make regulations ( a) defining “qualified person”; ( b) prescribing the information to be recorded about any action taken under subsection (5) or (6) and the manner and form in which the information is to be kept; and ( c) prescribing the manner and form in which the conditions set out in subsection (7) are to be met.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “41.101 (1) No one shall apply, or cause to be applied, a technological protection measure to a work or other subject-matter that is intended to be offered for use by members of the public by sale, rental or otherwise unless the work or other subject-matter is accompanied by a clearly visible notice indicating ( a) that a technological protection measure has been applied to the work; and ( b) the capabilities, compatibilities and limitations imposed by the technological protection measure, including, where applicable, but without limitation (i) any requirement that particular software must be installed, either automatically or with the user's consent, in order to access or use the work or other subject-matter, (ii) any requirement for authentication or authorization via a network service in order to access or use the work or other subject-matter, (iii) any known incompatibility with ordinary consumer devices that would reasonably be expected to operate with the work or other subject-matter, and (iv) any limits imposed by the technological protection measure on the ability to make use of the rights granted under section 29, 29.1, 29.2, 29.21, 29.22, 29.23 or 29.24; and ( c) contact information for technical support or consumer inquiries in relation to the technological protection measure. (2) The Governor in Council may make regulations prescribing the form and content of the notice referred to in subsection (1).”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “41.101 (1) Paragraph 41.1(1)( a) does not apply to a person who has lawful authority to care for or supervise a minor and who circumvents a technological protection measure for the purpose of protecting the minor if ( a) the copy of the work or other subject-matter with regard to which the technological protection measure is applied is not an infringing copy; and ( b) the person has lawfully obtained the work, the performer’s performance fixed in a sound recording or the sound recording that is protected by the technological protection measure. (2) Paragraphs 41.1(1)( b) and (c) do not apply to a person who provides a service to a person referred to in subsection (1) or who manufactures, imports or provides a technology, device or component, for the purposes of enabling anyone to circumvent a technological protection measure in accordance with subsection (1). (3) A person acting in the circumstances referred to in subsection (1) is not entitled to benefit from the exception under that subsection if the person does an act that constitutes an infringement of copyright or contravenes any Act of Parliament or of the legislature of a province.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 21 to 40 on page 46.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 25 on page 45 with the following: “measure for the purpose of an act that is an infringement of the copyright in the protected work.”
May 15, 2012 Failed That Bill C-11, in Clause 22, be amended by deleting lines 30 to 34 on page 20.
May 15, 2012 Failed That Bill C-11, in Clause 22, be amended by deleting lines 33 to 37 on page 19.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 62.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 49.
May 15, 2012 Failed That Bill C-11, in Clause 27, be amended by deleting line 42 on page 23 to line 3 on page 24.
May 15, 2012 Failed That Bill C-11, in Clause 27, be amended by replacing lines 23 to 29 on page 23 with the following: “paragraph (3)( a) to reproduce the lesson for non-infringing purposes.”
May 15, 2012 Failed That Bill C-11, in Clause 21, be amended by adding after line 13 on page 17 the following: “(2) The Governor in Council may make regulations defining “education” for the purposes of subsection (1).”
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 2.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 1.
May 15, 2012 Passed That, in relation to Bill C-11, An Act to amend the Copyright Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 13, 2012 Passed That the Bill be now read a second time and referred to a legislative committee.
Feb. 13, 2012 Passed That this question be now put.
Feb. 8, 2012 Passed That, in relation to Bill C-11, An Act to amend the Copyright Act, not more than two further sitting days shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Nov. 28, 2011 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-11, An Act to amend the Copyright Act, because it fails to: ( a) uphold the rights of consumers to choose how to enjoy the content that they purchase through overly-restrictive digital lock provisions; (b) include a clear and strict test for “fair dealing” for education purposes; and (c) provide any transitional funding to help artists adapt to the loss of revenue streams that the Bill would cause”.

Second ReadingCopyright Modernization ActGovernment Orders

February 8th, 2012 / 5:20 p.m.
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Edmonton—Mill Woods—Beaumont Alberta

Conservative

Mike Lake ConservativeParliamentary Secretary to the Minister of Industry

Mr. Speaker, I am pleased to rise to speak to Bill C-11, the copyright modernization act.

We live in an increasingly digital society with Canadians spending more time online than ever before. We are creating new and powerful information and communications technologies that are transforming our economy. These digital technologies have had an enormous impact on how people can develop, transform, distribute and make use of copyrighted works.

To be sure, this impact does not come without challenges, primarily the imperative of combatting the theft of copyrighted materials. However, it also creates opportunities which, with the right framework, can be seized by Canadian creators and consumers to add enormous value to our economy.

Consumers today use copyrighted material in ways that were not available a decade ago. Today's technology allows us to copy the films and music we bought onto our personal devices, shifting it from one format to another. We have the ability to back up our pictures on computers or on the cloud. Gone are the days when we had to watch our favourite program at a certain time. We can now time-shift programs by recording them on a PVR, or simply by streaming the content off the web to enjoy at our convenience. Bloggers and vloggers are finding new and exciting ways to create their own non-commercial web content, posting it on YouTube for the world to see.

Today I would like to direct the attention of the House to one particular sector of consumers, those who would use digital technology for educational purposes.

The explosion of digital choices presents many opportunities to the education sector. Perhaps nowhere is the potential of the digital society more exciting than in the field of education. The Internet has made available educational material that was once much more difficult to access. Online learning has created new opportunities for all Canadians, especially those in rural and remote locations.

The bill before us would modernize Canada's Copyright Act to address the challenges and opportunities presented by the digital age. It would expand the ability of educators and students to make fair use of copyrighted materials in the course of their education and learning. It would also ensure a technologically neutral approach to education, removing references to things like flip charts and overhead projectors. These much needed updates reinforce our government's long-standing policy support for education and training.

Canada's current laws on copyright were last amended before the Internet was available as a powerful educational tool. As a result, the rules around how copyrighted material may be used to support learning have simply lost step with reality. Bill C-11 would correct this problem and ensure that our copyright laws will be able to adapt no matter how the technology evolves. The Copyright Act already acknowledges that certain uses of copyrighted material by educational institutions serve the public good and in many cases provides special flexibilities to foster learning. The bill would enable educators and students to adapt to new and emerging technologies. We want to enhance the traditional classroom experience and facilitate new models for education outside the physical classroom.

We are building on the existing Copyright Act to grant a larger range of uses for copyrighted material. We are expanding a feature of Canadian law known as “fair dealing” to include education. Fair dealing permits individuals and businesses to make certain uses of copyrighted material in ways that do not threaten the legitimate interests of copyright owners and where the use of the copyrighted material could have important economic, societal and cultural benefits. For example, a teacher might provide students with copies of a recent news article that applies to a current lesson.

We also propose allowing teachers and students to use publicly available material found on the Internet, which has been legitimately posted for free by copyright owners, for the purposes of teaching and education. For example, a teacher could make handouts that include an illustration from a website that is freely accessible.

Schools would also be allowed, subject to fair compensation for the copyright holders, to digitally deliver course materials. As well, educational institutions may make a copy of a broadcast of a current affairs program for educational purposes.

The bill would further facilitate online learning. It would allow schools to transmit lessons which include copyrighted sections over the Internet. This would allow, for example, a student in Nunavut to access an online course offered by the University of Alberta. What could be more important for education in a country as vast as Canada than to make sure students in all regions, including Canada's north, have better opportunities to learn?

We are also proposing new measures aimed at supporting libraries, archives and museums in the preservation of our culture. Libraries would be permitted to make copies of copyrighted material in an alternative format if there is a concern that the original is in a format that is in danger of becoming obsolete. Moreover, libraries would be able to electronically deliver material, such as scholarly or scientific journal articles, through interlibrary loans.

These changes are not only important, they are vital to ensure that the products from innovative creators will not be disadvantaged under the law. By extending the fair dealing provisions to the realm of education, we will improve the educational environment, giving Canadians the opportunity to learn in innovative and dynamic environments. At the same time, we will reduce the costs for fair uses of copyrighted materials in a structured educational context.

These changes will bring our educational environment into the 21st century.

As Paul Davidson, the president of the Association of Universities and Colleges of Canada, said:

This bill reflects a fair balance between the interests of creators and users of copyright works and is a positive step forward for university communities across Canada.

The Council of Ministers of Education, Canada also responded positively to Bill C-11, saying:

Ministers of education recognize that this federal copyright legislation will have significant implications for how the Internet is used by students and educators across Canada.

Its support is echoed by over 1,000 organizations and associations which have come out in support of copyright reform.

The Government of Canada has also made significant investments in Internet infrastructure, education and skills development. The bill would reinforce and complement those investments.

We are in the process of implementing our strategy for the digital economy, a key element of which is ensuring that we have modern laws and regulations. We passed important new anti-spam legislation and introduced a bill to update privacy laws. These measures will build confidence among consumers, cut costs for businesses and protect the rights of Canadians.

The copyright modernization act will help to advance Canada's strategy for the digital economy. It will assist us in making better use of our substantial investment in education and digital infrastructure. It will help protect innovation and attract new investment, enabling Canadian consumers to make the most of new technologies, while ensuring that creators are fairly compensated for their work.

I encourage all hon. members to join me in supporting this important bill.

Second ReadingCopyright Modernization ActGovernment Orders

February 8th, 2012 / 5:30 p.m.
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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Madam Speaker, I want to thank the hon. member, with whom I sit on the Standing Committee on Industry. I would like him to elaborate on the way in which creators will be paid for their work. I am talking about authors of textbooks or articles, musicians, etc. What would Bill C-11 do in terms of providing the creators with fair compensation for their work?

Second ReadingCopyright Modernization ActGovernment Orders

February 8th, 2012 / 5:30 p.m.
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Conservative

Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB

Madam Speaker, I look forward to working with the hon. colleague on the copyright committee, the legislative committee to study this legislation.

The bill is all about finding the balance between the creators of copyright material and Canadian consumers. We want to ensure that we have a regime that rewards creators for their work. Right now the existing legislation does not deal with these new technologies in a way that would allow creators to be compensated fairly for their work. We want to ensure that we create an environment where consumers are paying for the music they listen to, that they are paying for the movies they watch, that they are not watching pirated copies, and that they are paying for the books they choose to read. We want to create an environment where that exists. That environment is not protected right now to the extent that it should be. The bill is all about that.

Second ReadingCopyright Modernization ActGovernment Orders

February 8th, 2012 / 5:30 p.m.
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NDP

Dany Morin NDP Chicoutimi—Le Fjord, QC

Madam Speaker, I will tell it like it is. The Conservative member is trying to sell us on Bill C-11. However, recent information published by WikiLeaks indicates that the main American copyright holders probably colluded with our dear Conservative government with regard to the Copyright Act.

The most disturbing WikiLeaks revelation is that a key staff member of the Industry minister at the time, now the President of the Treasury Board, encouraged the United States to put Canada on their piracy watch list in order to pressure the Canadian Parliament into passing copyright legislation that would weaken the rights of Canadian consumers.

What does the Conservative member have to say in his defence?

Second ReadingCopyright Modernization ActGovernment Orders

February 8th, 2012 / 5:30 p.m.
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Conservative

Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB

Madam Speaker, this legislation is among the most consulted on pieces of legislation that I have seen in the six years I have been a member of Parliament, consulted on with Canadians from coast to coast.

We ran two town halls in Montreal and Toronto. We had nine round tables across the country: Vancouver, Calgary, Gatineau, Winnipeg, Halifax, Edmonton, Quebec City, Toronto and Peterborough. We had 8,000 formal submissions and 2,000 comments posted on an online forum by Canadians. We had hours of speech. I believe altogether right now we have had 27 hours and 5 minutes of speeches within the House of Commons on the legislation.

The bill addresses the needs expressed by Canadians. I do not know whether the hon. member will be on the committee, but he will have the opportunity to work, through his colleagues in the NDP, to have his voice represented in the committee hearings if he wants to, and we will have further hearings to hear from witnesses who we have not heard from before.

Rest assured that the bill reflects the interests of Canadians as they have been expressed. We urge the quick passing of the bill in the interests of all Canadians.

Second ReadingCopyright Modernization ActGovernment Orders

February 8th, 2012 / 5:35 p.m.
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Conservative

Parm Gill Conservative Brampton—Springdale, ON

Madam Speaker, I am honoured to rise in the House to speak in support of the copyright modernization act. The amendment proposed in the bill will not only lay the foundation for the modernization of the Copyright Act, but will also respond to the future demands as technologies continue to converge at breakneck speed.

The bill represents a common-sense approach that considers how Canadians create and use content. The bill, which was introduced in September 2011, is our government's response to the commitment made in the last Speech from the Throne, which we delivered in June of last year.

Members may recall that in 2010 our government first introduced the copyright modernization act. It was introduced following national consultations on copyright reform that were held in 2009.

Thousands of Canadians, businesses and stakeholder organizations shared their ideas on how best to adopt Canada's copyright framework for the digital age. The remarkable response to the consultation demonstrated the importance of copyright in the daily lives of Canadians. It also highlighted its importance to the digital economy and Canada's global competitiveness.

Our government has listened to Canadians and responded. Canadians told us they wanted a technology-neutral framework that would stand the test of time. We have responded with a bill which introduces technological neutrality. This means the law is adaptable to a constantly evolving technology environment which ensures appropriate protections for the creators. The bill provides technology-neutral exceptions for the private use of copyrighted work. This includes exceptions for time shifting, format shifting and making backup copies. These proposed exceptions are not limited to specific formats or technologies.

Canadians also told us they wanted fair treatment for copyright infringement. We have responded with a bill that significantly reduces existing penalties in the Copyright Act for non-commercial infringements. It also introduces proportionality as a factor for the courts to consider in awarding damages.

The bill also provides strong new tools to target those who profit from infringement. For instance, there are new provisions to target online enablers, those who wilfully enable the large-scale infringement of copyright.

Also, the bill's notice and notice regime ensures that Internet service providers have a part to play in curbing piracy and requires them to notify their subscriber when copyright owners detect infringing activity.

Artists and creators told us they should be fairly compensated for their creative works and the investment they have made. Copyright owners told us they needed legal tools to sustain business models in a digital environment. We have responded with a bill that provides new rights, protections and tools to encourage new business models and provide certainty for artists and creators to engage in the global digital marketplace with confidence.

The bill would implements the rights and protections needed to meet our WIPO obligations.

Copyright owners also told us that some online and digital business models depended on strong protections for digital locks. We have responded with a bill that proposes protections for digital locks. This will give businesses that choose to use them the certainty they need to roll out new products and services.

In addition, Canadians told us that they wanted to make reasonable use of content that they had legally acquired. We have responded with a bill that would legitimize many commonplace private and non-commercial uses of copyrighted material. Many of these uses are currently not allowed or were not clearly dealt with in the Copyright Act. These uses include posting match-ups on the Web or time-shifting television programs.

We also heard from Canadians that they wanted more flexibility to use copyrighted material. We have responded with a bill that expands the existing uses allowed as fair dealing, adding education, parody and satire. This reconfirms our government's commitment to education and responding to the needs of educational institutions.

Teachers and students told us that they needed greater freedom to use copyrighted material together with new classroom technologies such as SMART Boards. We responded with new exceptions that recognize the incredible potential that technology offers Canadian students.

We also recognize that copyright law needs to reflect the needs of perceptually disabled individuals. That is why this bill permits Canadians with perceptual disabilities to adapt legally acquired copyrighted material to a format that they can easily use.

Finally, Canada's innovative firms told us that they needed clear copyright rules in order to roll out novel business models. We have responded by proposing new exceptions for computer program innovators as well as limitations on liability for Internet service providers and search engines. We are also clarifying that making temporary technical reproduction of copyright material would be acceptable.

The copyright modernization act recognizes the everyday use people make of technology, both new and old, and provides a clearer set of rules. These rules would better reflect the interests of all Canadians, including those who hold copyrights.

The proposed reforms to Canada's Copyright Act support creativity and innovation in several fundamental ways. This legislation would provide Canadian copyright owners with a solid framework that would better allow them to respond to piracy of all kinds. It would allow them to roll out new business models that support the creative process and to do so with a new degree of certainty.

At the same time, the bill would also foster new and creative uses of digital technologies to provide our educators and researchers with increased access to the vast area of copyrighted material. It would do this while also allowing them to develop evermore efficient ways to conduct their academic research, deliver course material and lessons, and contribute to Canadian innovation.

Canadians are very proud of the high profile that we currently enjoy on the international cultural scene. In order to maintain that enviable position, we heard that we need amendments to our copyright regime that will position us for success both at home and abroad. I am proud to say that our government's response to what Canadians told us would help ensures that creativity and innovation continue to contribute to our lively Canadian cultural life and Canada's economic future.

Second ReadingCopyright Modernization ActGovernment Orders

February 8th, 2012 / 5:45 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Madam Speaker, I am pleased to be able to ask the hon. member a question.

In our opinion, the bill is not at all balanced, as the Conservatives have been claiming in a number of their speeches. Creators will lose millions of dollars. It is true. It has been proven. I would like to hear a little bit more of what the hon. member has to say about this. We know that artists are among the lowest paid workers in Canada. On average, they earn $12,900 a year.

Can the hon. member confirm today, here in this House, that, once this bill is passed, artists will not lose a single penny and that they will receive as much income as before? I would like him to provide some reassurance in this regard.

Second ReadingCopyright Modernization ActGovernment Orders

February 8th, 2012 / 5:45 p.m.
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Conservative

Parm Gill Conservative Brampton—Springdale, ON

Madam Speaker, I would encourage my hon. colleague to read at the complete bill very carefully. It does protect the interests of creators and artists.

The government undertook a huge consultation, which was probably one of the most detailed, with Canadians from all walks of life, including artists, creators, businesses and individuals who would be affected.

The bill would help in the current digital environment, such as the Web and the new technology that is being introduced on a daily basis. I would encourage the member to read the bill.

Second ReadingCopyright Modernization ActGovernment Orders

February 8th, 2012 / 5:45 p.m.
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Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Madam Speaker, from the Liberal Party's perspective, the success of our artists has long been attributed to a regulatory regime that has recognized the creator, whether that be visual artists, creative artists, writers, singers or songwriters. There has always been the ability for remuneration.

We continue to hear concerns from creators as to whether this legislation would, in fact, hang them out to dry. Are we making it more difficult for them to earn a living and continue to pursue a dream and a career? Could the member offer some kind of assurance that those provisions are within this legislation?

Second ReadingCopyright Modernization ActGovernment Orders

February 8th, 2012 / 5:45 p.m.
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Conservative

Parm Gill Conservative Brampton—Springdale, ON

Madam Speaker, this bill was put together after huge consultations were conducted throughout the country. There were hundreds of written submissions, round tables, town halls, et cetera. Taking everything into consideration, I feel that the bill serves the purpose and needs of everyone.

For example, I have a constituent who is a photographer in my riding. He is very concerned about being able to protect his property and his livelihood. This bill would help individuals like my constituent.

Second ReadingCopyright Modernization ActGovernment Orders

February 8th, 2012 / 5:45 p.m.
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NDP

Sadia Groguhé NDP Saint-Lambert, QC

Madam Speaker, I have a stack of emails about Bill C-11, sent to me by my constituents in Saint-Lambert. They told me about their concerns with Bill C-11 on copyright modernization. The large number of email messages supports my belief that Bill C-11 deals with an important issue which, unfortunately, is not being given its due because the government has moved time allocation.

Here is an example of what the people of Saint-Lambert have to say:

Although the bill [C-11] seems more flexible than previous attempts to reform copyright, this bill is, by definition, inadequate because of the very strict anti-circumvention provisions it contains. As a Canadian, I am both worried and disappointed to see the extent to which my rights are easily violated by means of the universal and absolute protection of digital locks envisaged by the legislation.

Copyright involves the competing interests of a particularly broad range of Canadians.

One of the issues raised by Bill C-11 on copyright modernization is knowing how to ensure that the interests at stake are balanced: the interests of the artistic community, business community, consumers, universities and scientific research entities, new technology and media communities, and the public, generally referred to as the general interest.

I would like to remind the House that one of the objectives of Bill C-11 on copyright modernization is to ensure that Canada can ratify the WIPO Internet treaties and strengthen protection for works and other aspects of copyright by recognizing technical protection measures.

We should remember that the WIPO copyright treaty and world performances and phonograms treaty, collectively known as the WIPO Internet treaties, were signed by Canada in 1997. However, to date, these treaties have not become part of Canada's legal system because they have not been ratified. The treaty rules adopted by the World Intellectual Property Organization to deal with ongoing technological advances have never been integrated into Canadian law. From this perspective, Bill C-11 is a decisive step towards integrating Internet treaty law into Canadian law. This integration will come with the ratification of the WIPO Internet treaties.

The government says that it introduced Bill C-11 to change current copyright legislation to adapt some of the rules to keep up with technological advances and harmonize them with standards adopted by the World Intellectual Property Organization. Before getting into the problems with Bill C-11, I would like to reiterate a number of facts that demonstrate the imbalance within our society between the significant contribution of the arts and culture sector to the national economy and the paltry earnings of artists, the driving force behind our arts sector.

I will show how Bill C-11 is not a solution to that imbalance and will do nothing to improve our artists' standard of living. This bill confirms what the NDP feared: this government is more interested in pleasing big U.S. content owners than in improving our artists' standard of living.

The facts speak volumes. The Alliance of Canadian Cinema, Television and Radio Artists estimates that the arts and culture industries in Canada contribute $85 billion a year to our economy and provide 1.1 million jobs, employing approximately 6% of Canadian workers. These industries and the jobs that depend on them can survive only in an environment in which intellectual property is protected.

Despite the major contribution of these industries, the average income of an artist in Canada is just $12,900 per year according to 2009-10 figures. A 2008 Conference Board of Canada report found that the cultural sector generated some $25 billion in tax revenue in 2007. That is three times more than the $7.9 billion invested in culture by all levels of government in 2007.

The federal government invested $3.7 billion in arts and culture in 2007-08, just 1.6% of the government's total spending.

Statistics Canada's Survey of Household Spending found that, in 2008, Canadians spent $1.4 billion on attending live artistic performances, or more than twice as much as on attending sporting events, spending $0.65 billion on those.

The least we can expect from the copyright modernization bill is that it not jeopardize the contribution that our arts and culture industry makes to the Canadian economy. Members of the NDP are of the opinion that Bill C-11 hurts the interests of creators and consumers. The bill will take millions of dollars in revenue away from creators and erode the market. The long and complex list of exceptions does not adequately recognize creators' rights. In fact, these exceptions create new ways for consumers to access protected content without simultaneously creating new avenues through which to compensate creators for the use of their work.

Bill C-11 does not adequately protect the ability of people to post content submitted or produced by users themselves, even if it were easy to collectively authorize this.

Bill C-11 creates an artificial distinction between copying for private use and reproducing for private use.

For consumers, the "no compromise" provisions grant unprecedented powers to rights owners, which supersede all other rights. If Bill C-11 is enacted, it could mean that consumers will no longer have access to content for which they have already paid, and which they have every right to use. For example, in the case of distance education, it is draconian and unacceptable to ask students to destroy course notes within 30 days of when the courses end, as this bill proposes.

Even if the Conservative government continues to say that the proposed changes to the Copyright Act are in the best interests of Canadian consumers, the reality is that the Conservatives have the concerns of major copyright holders in mind. The real winners with Bill C-11 are the major film studios and record companies, and not Canadian consumers. That is why the digital lock provision in the bill trumps almost all the other rights, enabling record companies and film studios to protect their dwindling ability to generate huge profits.

Recent information published by WikiLeaks also demonstrates that the main copyright owners in the United States conspired with the Conservatives regarding Canada's Copyright Act. Bill C-11 does not propose adding new digital storage media to the existing private copying system, but rather protects this system in its current form. However, the Conservatives strongly opposed the NDP's proposal to extend the private copying exception to include digital audio recorders. The Conservatives repeatedly described this as an iPod tax that could cost Canadian consumers up to $75 per device. Nothing could be further from the truth, since the scope of the levies would be determined by the Canadian Copyright Board, a government agency under the supervision of the industry minister.

Here is another thing: the Conservatives' copyright bill, Bill C-11, would ultimately increase the existing levies on cassettes, CDs and DVDs. In the words of the Conservatives, we might say this is a tax on these items. There are other causes for concern in Bill C-11. The bill indeed proposes, in uncompromising provisions, new anti-circumvention rights that seem especially powerful for owners of content, who are not necessarily the creators or developers of the content. These anti-circumvention rights prevent access to copyright protected works.

These new provisions are strengthened by fines of over $1 million and sentences of five years in prison. A further provision prohibits access to information protected by a digital lock, such as a digital watermark. This would lead to a situation whereby digital locks would take precedence over virtually all other rights, including the fair dealing rights of students and journalists.

Internet law experts who have read the bill under review say that some of the exceptions in the bill do not seem to adequately recognize the rights of creators in that they make it easy for consumers to access copyright protected content.

In closing, NDP members agree with the people from Saint-Lambert who wrote:

...it is in the best interest of Canadian consumers and creators alike to amend Bill C-11 to clearly link the act of circumvention to infringement, remove the all-encompassing ban on circumvention tools and establish a new TPM labelling provision.

Second ReadingCopyright Modernization ActGovernment Orders

February 8th, 2012 / 6 p.m.
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NDP

The Deputy Speaker NDP Denise Savoie

When we resume this debate, we will have five minutes for questions and comments.

The House resumed from February 8 consideration of the motion that Bill C-11, An Act to amend the Copyright Act, be read the second time and referred to a committee, and of the motion that this question be now put.

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.

Copyright Modernization ActGovernment Orders

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

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, it is obvious that we are about to wrap up debate on Bill C-11. This is the 15th time the government has limited the time allowed for debate. I find that worrisome with respect to the work the committee is getting ready to do on Bill C-11.

How can they talk about commonality? The member opposite says that he wants to protect artists, but 14,000 people—that is a lot of people—signed a petition. They took the time to go to a website to express their concern about Quebec culture and Canadian culture.

How does he reconcile those two things? He says he is protecting artists, but 14,000 people are worried. That is a lot of people.