Bill C-11 (Historical)

Copyright Modernization Act

An Act to amend the Copyright Act

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.

Copyright Modernization Act

[André Bellavance, Bloc, Richmond—Arthabaska, QC]

Madam Speaker, that will definitely be the case. I would like to thank the hon. member for his question. We recently met with university students who spoke to us about this issue. Not only will the bill harm creators and artists, but it will help large corporations use digital locks. That will keep people at home from transferring music—or electronic versions of other things like books, etc.—that they purchased legally on the Internet or elsewhere. These things would no longer be transferable because of the infamous digital locks.

What this bill does not do is fairly compensate creators. The bill also harms the education system by solely favouring large corporations. In responding to questions, the minister often lists a group of companies that support Bill C-11. And we see that as a serious problem. We cannot accept this bill as is. More and more people are seeing that it is full of flaws.

[André Bellavance, Bloc, Richmond—Arthabaska, QC]

Madam Speaker, I thank my colleague. Indeed, that is what my recent speech was about. That is also what the Bloc Québécois has noticed, along with creators in Quebec, in particular.

Almost a year ago, on November 30, 2010, 100 or so artists came here to the House of Commons. The member for Winnipeg Centre perhaps met a few of them. They told us that Bill C-32 at the time—now Bill C-11, which is a carbon copy of that bill—made it possible for some people to take works belonging to creators and artists without their being compensated for their work. No one here in this House would want to work for free.

Furthermore, when artists are not compensated for their work, they do not have the motivation or ability to continue to create more works. It is not only artists who are penalized, but also consumers, because they will lose the artists they love if those artists are not compensated for their work.

The current bill allows just that. The bill does not acknowledge that there are new technologies that allow people to copy music without compensating the artists. At the time, when we had blank cassettes and CDs, the artists received a levy. That is not done with iPods and MP3 players. That is a huge flaw in this bill.

[Pat Martin, NDP, Winnipeg Centre, MB]

Madam Speaker, I am interested in the views of my colleague from the Bloc Québécois that were laid out for us when Bill C-11 was being debated the last time in the House of Commons.

I understand from his remarks that he disagrees profoundly with the federal government in its treatment of the copyright legislation. He believes that Bill C-11 is riddled with flaws from one end to the other. In fact, there is very little merit in the bill whatsoever. It would require a great deal more analysis and study before we could safely say that it would be ready to be implemented as such a critically important piece of regulatory legislation to govern and guide something as important as copyright in this country.

I would like my colleague, in the few moments he has left, to expand and summarize for Canadians the legitimate reservations he has about this legislation.

The House resumed from November 22 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 amendment.

[André Bellavance, Bloc, Richmond—Arthabaska, QC]

Mr. Speaker, I too am pleased to take part in the debate on Bill C-11. I have been listening for some time to the speeches, comments and remarks made by members on both sides of the House. I feel like I am back in the previous Parliament, when the same legislation, namely Bill C-32, was introduced. Unfortunately, the government does not seem prepared to accept the proposed amendments.

The government often tells us, and members opposite like to mention, that hundreds of people appeared before parliamentary committees, particularly the Standing Committee on Canadian Heritage, regarding this issue. They say that everybody was heard. I do not think so, as evidenced by the fact that, in the end, the government came back with a cut and paste version of Bill C-32. It sure did not listen much to those who spoke on this issue, because no changes were made.

Yet, as my colleague mentioned a few moments ago, it would have been possible to make the necessary changes to this bill. Many people, including composers, are currently experiencing problems because of the new ways used to record music. After expressing their views, they would have liked to see some changes in the new Bill C-11, so that copyright is truly respected and artists, who do not work for free, can be paid based on the fair value of their artistic or creative work.

It is the same thing with piracy. Some witnesses who appeared before the committee when we were dealing with Bill C-32 told us that this legislation did not really deal with what is happening now with the new technologies, which allow people to steal works at will. Obviously, this is also not an issue that was examined when Bill C-11 was drafted because, as I said, it is a cut and paste copy of Bill C-32.

Consequently, there is no way the Bloc Québécois can support Bill C-11 in its present form. It was the same thing with the previous legislation. Our position was exactly the same.

Since I am short on time, I shall limit my comments regarding the Conservatives' bill to the issue of copyright. I do wish to say, however, that a fundamental principle has been forgotten in this bill, and that is that artists need an income to survive and to continue to create. Had this simple principle been upheld—a principle that undoubtedly in the eyes of everyone here is nothing but common sense—we could perhaps have talked business, so to speak.

I would like to remind the House that almost a year ago, on November 30, about 100 Quebec artists came to Parliament to express the opinion I just stated. The brother of our acting leader, Luc Plamondon, was in attendance. Robert Charlebois, Michel Rivard and Richard Séguin were also there. I met someone from my riding, the artist Dumas. All of these people came to Parliament Hill to tell the heritage and industry ministers, as well as the entire Conservative caucus and every member of the House of Commons, that they wanted nothing to do with the copyright bill that the government was bent on introducing.

I do not think I would be far off the mark if I were to speak on their behalf today and say that they still hold this opinion, since the bill has not been amended.

We know that no one can work for free. If we stop paying artists royalties for their copyright, if we literally take away their livelihood, consumers will also lose out, as they will be deprived of new artistic creations.

We know how things work today. I am a good example of this. I am no whiz kid when it comes to technology. My younger brother is more technologically minded. He is perhaps more of an expert in technology than I could ever be, but what I do know is that I bought a little iPod to jog with. I have a second one that I carry around with me and use in my car. I download music legally. I make purchases, pay the charge, and then I enjoy the music that I have downloaded to my iPod. The upshot is that I am no longer a big consumer of CDs. My wife always asks me what I am going to do with the hundreds of CDs I have collected over the years. I am a little nostalgic and, I guess, conservative—this is perhaps the only area in which that is the case—but I want to hold onto my CDs. They are more of a souvenir than anything else.

Even if there is a compact disc player in the car and at home, people always end up plugging in the iPod. Given that artists are selling fewer and fewer CDs, they have to be able to receive payment for their work in return. If I do not pay them, the artists will no longer produce music, having no resources to do it. So I have just penalized myself because I cannot listen to them any more. I referred to Dumas earlier. I have bought his CDs and I downloaded his last one to an iPod. I have done the same thing for Vincent Vallières. I did not buy his CD, I downloaded it. But these and other artists, France D'Amour and company, have to receive royalties for that.

Nowhere in Bill C-11 do we find solutions to this problem. At present, creators are not receiving their due. The Conservatives refuse to let them have royalties for the use of their works on new media: MP3s, the Internet, iPods and so on. I do not want to be advertising for anyone here, but everyone has them these days. The Conservatives are engaging in enormous demagoguery when they say we want to tax purchases of those devices. In any event, royalties are already being paid. We used to pay them on blank discs and cassettes. That is another problem my wife and I have. I have kept my old cassettes in big boxes. We paid royalties on blank cassettes so the artists could receive their due. Today, those media have changed to MP3s, iPods and so on.

We are in favour of a reform of the Copyright Act, but not the reform presented by the government in its Bill C-11. With this bill, the government claims to be protecting creativity. But creators themselves do not share that opinion, including all the ones I listed earlier and many others who returned to the charge on the Hill some time ago. Nearly all MPs had an opportunity to meet with artists who told them the same thing.

Artists’ associations have come out against the bill in its present form; they include the Association des professionnels des arts de la scène du Québec, the Association québécoise des auteurs dramatiques, the Conseil des métiers d'art du Québec, the Regroupement des artistes en arts visuels du Québec, the Société des auteurs de radio, télévision et cinéma, the Société professionnelle des auteurs et des compositeurs du Québec and the Union des écrivaines et des écrivains québécois. There are also associations of performers like the Guilde des musiciens et musiciennes du Québec and the Union des artistes. And there are copyright collectives like the Society for Reproduction Rights of Authors, Composers and Publishers in Canada, the Société de gestion collective de l'Union des artistes, the Société québécoise de gestion collective des droits de reproduction and the Société québécoise des auteurs dramatiques. And that is just for Quebec. There are other associations elsewhere in Canada that have said they are dissatisfied with the bill as it now stands.

I want to get back to users and consumers. All of these groups, collectives and organizations work directly with artists. We could say that the users and consumers watching at home who are less familiar with the bill—Bill C-11 is rather technical—will be happy with Bill C-11, since they will be able to more freely use any works they have acquired. At least that is what the government claims. But I want to tell the government that the Canadian Consumer Initiative, which includes the Union des consommateurs and Option consommateurs, has spoken out against the fact that with its copyright bill, the federal government is once again abandoning consumers by giving in to corporate demands.

We are told that the consumer rights provided for in the bill to strike a balance could be restricted or even denied by the entertainment industry. This bill causes problems for both creators and consumers. It must be amended before the members of the Bloc Québécois will support it.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I rise to speak on Bill C-11, An Act to amend the Copyright Act, joining other colleagues who have found some of the aspects of this bill problematic.

I am going to approach this bill a little differently from the way some other members have. I think we need to recognize the context of where we are at second reading. This bill is going to go to committee. What I would like to do is dedicate my remarks and focus on a rather direct appeal to members on the government benches to take the opportunity to seize a victory that they could have by putting forward a bill that would have the support of all the groups that are now being critical. I do not think that is impossible at all.

We recognize that there have been some improvements. There is general agreement by all knowledgeable people in this area that we need to modernize the Copyright Act and that we have significant challenges with new technologies. I sometimes think about this place, this room, this House of Commons, and try to imagine our predecessors in Parliament in the 1930s trying to grapple with what we are speaking about today. It is all new, and it changes fast.

Almost as quickly as we might legislate this bill, we will find that we need to make additional changes to deal with new implications and new ways in which copyright becomes recognized and the way in which copyright is challenged creative rights need to be protected.

What I would like to do is concentrate my remarks not in attacking the bill so much, although I do have to attack sections of it, but with a goal of hoping that when this bill goes to committee, amendments will be allowed.

We have seen a worrying trend in this 41st Parliament; it is as though amendments to legislation after first reading are somehow incremental defeats of the government of the day, whereas in fact it is common practice in Parliaments around the world, and certainly in the Canadian Parliament, to recognize that a bill at first reading is not perfect. It can use improvement, and using the committee in as non-partisan a way as possible will bring improvements to the legislation.

When I look at this legislation and what the government has said, I see in the preamble, which always guides statutory interpretation:

...the Government of Canada is committed to enhancing the protection of copyright works or other subject-matter, including through the recognition of technological protection measures,

—and this is the important part—

in a manner that promotes culture and innovation, competition and investment in the Canadian economy;

It goes on to say:

And whereas Canada’s ability....is fostered by encouraging the use of digital technologies for research and education;

A tremendous balancing is being suggested here and is being aspired to by the government in its preamble. It falls short, but we do not need to be condemnatory; there is much in the bill that is an improvement. The problems that remain tend to focus in one specific area, and that area has been referenced a good deal in the debate today: digital rights management and the use of devices and technology such as digital locks.

That is just a preamble to my point. We also see in the very beginning of the bill, in the preamble, that the Government of Canada wants our legislation to meet new global norms. It specifically refers to the World Intellectual Property Organization, which I will just refer to as WIPO. That WIPO treaty is one to which Canada wants to adhere.

However, numerous commentators have pointed out that the legislative approach in this bill exceeds anything required by WIPO. I am hoping that the government can pull back slightly--in a significant way, actually--from the parts of the bill that members on the opposite benches find unacceptable. Really, the government has accommodated a lot of concerns and has improved the bill. I know it is virtually the same as Bill C-32 in the last Parliament, but it has gone through some improvements from its first iterations. We are close.

Government members on committee, with the direction from the Prime Minister's Office, I am sure, taking a keen interest in this bill, could actually accommodate the different concerns of critics and emerge with a bill that would earn praise across all parts of the House of Commons.

Professor Michael Geist has been referred to in the debates this afternoon. He is a professor at the University of Ottawa and is the Canada Research Chair in Internet and e-commerce law. I found his comment quite appropriate to my own sense. He criticized the bill initially as flawed but fixable. He still holds to that view--flawed but fixable--so let us fix it.

What he said he finds problematic is that as he sees it, the bill is an omnibus bill that combines two different pieces of legislation.

The first piece is the part that I think I can speak for all members of other parties, but I think it is fair to say that most members in the House find the first bit, which he described as the copyright modernization act, to be quite acceptable, generally good. Maybe some of the restrictions go too far, but overall, it is good progress in copyright modernization.

He describes the other part of the law, which we find unacceptable, and he has given it a title, “The reduce U.S. pressure copyright act”. The problems have emerged in that area.

The problems are in two areas, and I will refer to the first. Briefly, it is constitutional. The constitutional problem is simple to describe. Copyright is clearly an area of federal jurisdiction, whereas property rights are provincial. To the extent that we have intruded into property rights, we have a problem. This has been described in a learned article published by professors Crowne-Mohammed and Rozenszajn, both from the University of Windsor, in the Journal of Information, Law and Technology in which the authors describe the problem this way:

The DRM provisions of Bill C-61 represent a poorly veiled attempt by the Government to strengthen the contractual rights available to copyright owners, in the guise of copyright reform and the implementation of Canada's international obligations.

Let us de-link them. Let us protect the rights and protect copyright reform without acceding to pressure from U.S. interests, which want to have excessively restrictive controls in the form of digital locks. That is setting aside the constitutional issue.

The next set of concerns I would like to raise really relate to public policy concerns. One of the very strong groups of critics on this matter is the Public Interest Advocacy Centre. I should confess that the Public Interest Advocacy Centre was the organization that initially brought me to Ottawa in 1985. I left a law practice in Halifax to become senior general counsel to the Public Interest Advocacy Centre, not really a conflict of interest but a convergence of my history. I wish to quote their legal position:

Consumers enjoy certain rights to use content without infringing copyright. The presence of technological measures doesn't change that, and neither should anti-circumvention laws. Consumers must be able to circumvent technological measures, like DRM, providing that their access to the underlying content does not infringe copyright.

It goes on to say, “Anti-circumvention laws shouldn't statutorily undermine the values that are invoked in public policy goals such as consumer welfare, free speech, and innovation”. That is a public policy concern that comes from the Public Interest Advocacy Centre.

As members throughout the House will know, the bill has been criticized by many groups, but those criticisms are not in multiple sections of the act. They focus very clearly on the problem of digital locks.

Another group that has taken the digital lock section in its crosshairs is the Canadian Internet Policy and Public Interest Clinic, also based at the University of Ottawa. They point out:

Unfortunately, the bill also succumbs to U.S. pressure and makes fair dealing--including the new exceptions for the many ordinary activities of Canadians--illegal whenever there is a “digital lock” on a work. A digital lock will trump all other rights, forbidding all fair dealing and keeping a work locked up even after its copyright term expires. Overall, these digital lock provisions are some of the most restrictive in the world.

This again is an issue where we are exceeding what is required of us to meet international norms under the WIPO Treaty. The digital lock provisions go too far.

We have heard from members opposite on the government benches that the bill needs to do all these things because we must protect Canadian jobs. I just want to speak to that.

The Canadian arts and culture industry, as we realize, is a very important part of our economy. It is a $46 billion industry annually. It employs over 600,000 people. The government should take note of the fact that most of the professional organizations that represent the creative force in the arts and culture community collectively and separately have called on the government to amend the legislation, have urged it to amend the legislation.

I will not read out all the names of the organizations, but there is an organization to which I also confess to belong, the Writers' Union of Canada, but beyond that there is also the Royal Canadian Academy of the Arts, Société québécoise des auteurs dramatiques, and the Writers Guild of Canada.

Therefore, I ask the government to consider, why would it be that just about every organization in the country representing creative people appreciate some portions of the bill and find others go too far? With that, I ask the hon. members opposite to please consider amendments, improve the bill--

The House resumed 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 amendment.

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Mr. Speaker, I am pleased to rise today in the House as a representative for the people of Scarborough—Rouge River to join this debate. The issue of copyright modernization is on the minds of many of my constituents and I am happy to bring their concerns forward today.

Copyright modernization is definitely required to bring Canada into the 21st century and to catch up with the technological advances that we have seen since the creation of the existing copyright legislation. We need to reform our copyright legislation in a way that will create a balance between the two fundamental principles that drive copyright legislation: ease of access and the right of remuneration for the creator.

Bill C-11, which is exactly the same as Bill C-32 that was brought before the previous Parliament, does not create balance between the ease of use and the right of remuneration. Instead, the bill is about corporate rights, which is different from copyrights.

The right of artists to have remuneration for their copies is under direct attack point after point in the bill. Instead, there are areas in the bill where the right of artists to be paid is taken away and replaced by a false right, the right to lock down content.

The Conservative government is very partial to locks. We know that. It really understands prisons and locks.

In the introduction to the bill, we heard the minister say that the digital lock would restore the market. I am very skeptical about that. Through my conversations with constituents and friends in the music industry, I have never met an artist who could feed his or her family on a lock. Instead, these artists feed their families on the right they have as artists to be remunerated through their mechanical royalties, television rights and book rights. Mechanical royalties provide a small amount of return for their efforts, but that return is crucial to them, especially to young aspiring new artists.

Therefore, when the government comes along and attempts to strike out, as it does in the bill, the mechanical royalty rights that have been guaranteed under the Copyright Board of Canada, it deprives artists of the millions of dollars that actually make it possible to carry on the works. How is this restoring the market? I do not understand.

The other crucial element, one which New Democrats have asked for again and again, is copyright reform that addresses the needs of Canadian consumers, artists and students in a digital realm. This element is one of huge importance to my constituents.

The bill poses a fundamental problem with its education provisions. The restrictions it would impose on students and teachers are extremely problematic.

Copyright has historically been based around the idea that creation and knowledge must be shared. Historically, copyright law has been designed to facilitate education. Actually, the first piece of copyright legislation ever adopted was Britain's act for the encouragement of learning. Canada's original copyright legislation was designed with similar intentions. The reforms in the legislation proposed by the bill do not, unfortunately, maintain the same founding principles and completely ignore the original intent of copyright legislation in Canada.

The Scarborough campus of the University of Toronto and the campuses of both Centennial College and Seneca College border my riding. The restrictions imposed by Bill C-11 are of great concern to the instructors, professors, students and administrators of these colleges and university as well as other colleges and universities across the country, as I speak to them as the official opposition's critic on post secondary education.

The legislation would require students to dispose of their digital class notes after 30 days, as well as destroy course plans and course notes by professors and instructors after 30 days of the completion of their course. Failure to do so would mean that these students would be infringing copyright legislation. This raises a number of red flags for me. How does this facilitate education?

With advances in technology, more and more students are accessing their post-secondary education in a variety of new ways. Through the use of technology, we can now offer programs in distance learning. This means that students in remote locations, or in locations where their course of choice is not available, can access courses and course material online. With the changes to the copyright legislation that are proposed in the bill, this course material will only be available for 30 days. After such point, the students will be required to dispose of the material at the end of their course.

This change would not only pose a problem to those pursuing their education online, but to virtually all students. Anyone who has been enrolled in a post-secondary education program or who knows someone who is enrolled in a post-secondary education program recently understands the shift in the digitization currently being made by professors and instructors at many institutions of post-secondary education. I recently attended three of them.

More and more instructors and professors are not only posting their notes, their course outlines and their lesson plans online, along with an array of the supplementary course materials, but they are also providing online forums that encourage the sharing of notes and the continuation of discussion once the lesson is completed for the day.

With the reforms proposed in this legislation, posts that students have put up would now have to be deleted or removed after 30 days. This would be problematic for many reasons, as many of my colleagues have mentioned.

First, this creates a modern book-burning regime, whereby countless sources of information and new thought will be lost forever.

Second, it creates a two-tired rights system between an analog and paper system versus a digital system, whereby students who keep written notes are not be forced to destroy those after 30 days and students who keep digital notes are be forced to destroy them. The mandatory destruction of course notes and material is detrimental to all students. Students routinely keep their notes to allow for them to go back and use these notes for further study and completion of related courses. Also, students keep these notes year after year to build a body of work toward getting their degree, certificate or diploma program.

I kept notes from my second and third year courses to use in my masters program and textbooks from my undergraduate degree for my masters program. Now I would not be able to do that.

Last, it creates an unfair barrier to students with different learning styles. This legislation does not allow for an exemption to organizations that provide educational resources in alternative formats to increase accessibility and success of those with learning disabilities. It discriminates against people with learning disabilities.

Related to this, many students are not capable of taking notes, for a variety of reasons, and have notes taken and provided to them by note-takers. Note-takers are of huge importance to the success of many students. Without these note-takers, post-secondary educations would not be accessible to these students. Note-taking also provides a small income to those who attend these extra courses and provide others with notes.

How would the notes of note-takers be affected by the proposed legislation? Would this not hurt them along with the students they provide the notes for if they have to be destroyed?

It is completely shocking and absurd that after 30 days students would not the right to access their own class notes that are made digitally. I have met with many people throughout the education sector and I have never once heard that the destruction of class notes after 30 days is a good idea. In fact, I have heard the complete opposite. This provision is unacceptable. It is backward thinking and it is needless. It would not protect any business model, but it would have a major detrimental effect on students and on education in our country.

Therefore, for the betterment of our society, that provision has to go. I implore the government to look at this and ensure that it is removed.

The other issue that is of great importance to me and my constituents is that of the digital lock. There is a very important right of creators to protect their work. One of the ways to protect this work is through digital locks. While the protection of a creator's work is extremely important, the anti-circumvention rights for content owners included in the legislation would create a situation in which digital locks would supersede virtually all other rights, including fair dealing rights for students and journalists. Because of this, a situation would be created where digital locks would supersede other rights guaranteed in the charter, such as changing format in case of a perceptual disability. It would also pose a very real danger that consumers would be prohibited form using content for which they had already paid. This would be problematic for many artists and many creators in my community.

[Kennedy Stewart, NDP, Burnaby—Douglas, BC]

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

As my colleague said earlier, we believe that changes to the Copyright Act are long overdue and we need to bring Canada up to current standards in the tech industries and to meet industrial standards in other countries.

As we can tell from the debate in the House today, this is an extremely complex issue. There are many interests to be considered and it should not be rushed through. That is why we are saying that the overwhelming message from this side of the House is that we have to take in the interests of all groups when we are moving ahead with such a complex piece of legislation.

The key word that we should focus on is balance. We need to find the right mix between the different interests in Canada and to ensure the bill strikes the right balance and that one group is not favoured too much over another group. We, on this side of the House, believe that the bill does not actually hit the right mix and does not actually provide the right balance.

For example, we have heard a lot of talk today about digital locks. We are saying that the provisions on digital locks are too stringent. They tip the balance too far in favour of the very big corporations and do not really look after the interests of a number of consumers and, in fact, may actually hurt artists, not the large corporate artists but the smaller artists.

There is a real danger that consumers will be unable to access content they have already purchased, for example. This tips the balance toward protecting large corporations and not really allowing consumers full access to something they purchased. In some sense, it will actually be more like renting the information than owning it.

We think the bill is tipped too far in favour of industry and needs to be rethought. This whole debate reminds me of the same debate we had in the 1990s concerning drug patents. There again, the balance was not achieved between consumers and businesses. Consumers and one part of the drug industry ended up on the short side of the stick, where the giant pharmaceutical companies ended up with most of the benefits.

I will take hon. members back to that time. In 1992, Brian Mulroney's Conservative government modified the Patent Act under Bill C-91, the Patent Act Amendment Act. The bill eliminated compulsory licences for pharmaceutical products and the law tipped the balance to patented drugs manufacturers and greatly injured mostly Canadian-based genetic drug industry. There was a huge controversy.

The number of responses that my colleague from Surrey has mentioned and that we have all received on this all say that there is huge controversy on the proposed bill, that we are just rushing through it and that again we are tipping the balance too much toward industry.

In this case, in the reform of the Patent Act in 1992, we really hurt the generic drug industry. Drugs are now more expensive and the R and D that was promised by the giant pharmaceutical companies was not actually invested in Canada as was promised. Bill C-91 was viewed by many as a major victory for giant pharma. It offered greater patent protection to those big companies, it abolished compulsory licensing and it created regulations to ensure generic drugs did not infringe upon the patent.

As we argued in that case and we will argue in this case, we need to look at all the people who would be affected by the bill, and we are not feeling that the current bill, Bill C-11, hits the right mix.

We do think, however, that modernization is long overdue, as we have stood up and said many times in the House. However, the bill has too many glaring problems and, unfortunately, it even creates problems where none currently exists. The ultimate test of bad policy is when we actually cause more problems than we are fixing.

We have suggested and will continue to suggest a system to create a fairer royalty system for creators. These industries generate a lot of profits but we want to ensure they are shared evenly among creators.

I find it troubling how Bill C-11 would wipe away millions of dollars in revenue for artists, local artists, artists from the Canadian Independent Musical Artists. It would hurt this community and it really would not provide any new opportunities for artists' remuneration. It would give with one hand and take away with the other.

Many people share our fears. We on this side of the House are not making this up. We have had plenty of people say that they are against this. For example, the Society of Composers, Authors and Music Publishers of Canada, which is a group I used to be part of when I was a professional musician, say that these:

...copyright law amendments should facilitate access to creative content on new media and ensure that creators are fairly compensated for the use of their creative content on new media. Access must go hand in hand with compensation. Without this balance, the creation of creative content will eventually decrease, as Canadian creators will be unable to make a living.

As a former independent artist, we all know that local artists do not make any money from selling albums. They make money from playing live. We are not talking about Céline Dion or Bryan Adams or any of the large, multinational corporate type of entertainers. We are talking about local entertainers. For example, we are talking about Joel Plaskett Emergency, Stars, The Weakerthans, Said The Whale, Caribou, D.O.A., Arkells, City and Colour, Dan Mangan, Valentines and Billy the Kid, just to name a few artists who are working to produce material to entertain and bring joy to people's lives. They are being left aside under this copyright legislation.

The government tends to favour the big corporations, but does not look after the smaller producers. I will give a sense of what independent artists make. They make about $12,000 a year. I know this having been one of those artists in the past, I know that members from Toronto and northern Ontario have performed in independent Canadian bands and have travelled in what I deem to be stinky bands, driving from venue to venue. However, artists are not making a lot of money off their album sales. They use their albums to promote themselves and try to draw people to their live gigs where they make their modest living.

The bill should look at the majority of artists in this country who are independent artists eking out a living and make sure that we strike a balance with the laws we are putting in place, not only to protect large corporate interests but also to make life easier for the artists and all the people they entertain.

Other validators of our position on this bill include Michael Geist, a well-known technological commentator. He says:

The foundational principle of the new bill remains that anytime a digital lock is used--whether on books, movies, music or electronic devices--the lock trumps virtually all other rights.

Again, this is where balance has not come into play in the bill. In fact, it is a bit of overkill that we have seen time and time again from the government. It is tipping things too far to one side and not really taking the interests of all Canadians into consideration.

Mr. Geist says that the new digital lock means that “both the existing fair dealing rights and...new rights all cease to function effectively so long as the rights holder places a digital lock on their content or device”.

I will switch as an educator again and speak about the textbooks that I have authored. It is a shame that, under the bill, students, in some cases, would be penalized from keeping those textbooks and using them later in life. They would essentially, as my colleague says, need to burn them because they are digital, which would limit education in this country. Everyone knows that we do not absorb all the information from a textbook. We go back and refer to it as we go through life.

The legislation misses the mark. We need more balance and we are hoping to work with the government to achieve that.

[Jasbir Sandhu, NDP, Surrey North, BC]

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

This bill is a redirection of Bill C-32 from the last Parliament, that contains sweeping changes to our copyright laws and it has received a huge amount of opposition. I have received hundreds of letters from my riding, which I will talk about later.

The copyright modernization act in this country is long overdue. There is no doubt about that. Changes need to be made. Unfortunately, my Conservative colleagues have taken the wrong approach on this and the result is that Bill C-11 is filled with holes and problems. Conservatives could have used the expert opinions heard in committee to help draft this legislation or they could have followed the findings of their own consultations in 2009. Instead, as we have seen many times, they ignored the facts, and they have also ignored the facts from the experts, and ended up reintroducing fundamentally flawed legislation. This does not reflect the best interests of Canadians and might end up doing more harm than good.

I have received hundreds of letters from my constituents and talked to a number of them over the phone. Here are some of their concerns. They say that their rights are trumped by an all-encompassing protection for digital locks and that the empty circumvention provisions included in Bill C-11 give too much power to corporate copyright owners to exercise absolute control over Canadians' interaction with media and technology. The letters say that they are concerned about the bill's unintended consequences generated by the broad protection for digital locks and they do not want to hand control of Canadian digital rights over to corporations.

I am going to read some of their names so their opposition to this bill will be recorded in this House. I received letters opposing Bill C-11 from: Christopher Madge, Tyler Goulding, Kyle Geddes, Nick Gailloux, H. Hinkel, Michael Leung, Philip Qumsieh, David Martin, David Lysne, Lance Hathaway, Reg Natarajan, Darya Smirnow, Quinton Weir, Bill Dagoe, Rod Kovacs, Amanpreet Bains, Vah Jazle, Luke Zukowski, Alex Weatherston, Michael Ross, Daryl Christensen, Owen Morley, Sally Hawkins, Colinda Lovely, Ross Smirnov and Gloria Maria Fredette.

These people are moms and pops, consumers, educators, professionals. They come from different backgrounds. They cover a very wide perspective in opposition to Bill C-11.

I responded to these constituents by telling them that New Democrats believe strongly that Canada's copyright legislation needs to be brought into a digital age, that we need to fix this. There is no doubt about it, from this side of the House, and we have pushed to make this happen. Members have heard the speeches we have made here this afternoon and no Conservative is speaking up on this particular bill. New Democrats share the concerns. I share the concerns that my constituents have shared with me and that is why I am speaking here today, on their behalf.

New Democrats believe that access for consumers and remuneration for artists are crucial to copyright in a digital environment. Rights that are guaranteed to citizens under existing copyright legislation should not be overridden. Furthermore, we oppose the digital lock provisions that go well beyond our obligation under the WIPO copyright treaty.

Another concern is that this bill offers consumers rights they will not be able to exercise. The blanket provisions for digital locks would allow corporate interests to decide what legal rights people may or may not exercise, which would ultimately hurt artists, educators, students and, of course, many other consumers.

Unless the government is willing to amend the digital lock provisions and restore royalty provisions for artists, frankly, I cannot support Bill C-11. There are measures within the bill that New Democrats cannot support and measures that we can support. We would like to see this deeply flawed piece of legislation improved and I request that of my colleagues opposite.

We would like to amend the digital lock provisions to make sure that there is a balance between the rights of creators to protect their work and the rights of consumers to access content to which they are legally entitled. We want to make sure that students and educators have fair access to works in the classroom. I encourage the minister and members of the government to listen to the concerns of citizens across this country. Educators, students, artists and many others are writing letters, signing petitions and speaking out against the glaring problems contained in this flawed legislation, Bill C-11.

There are many groups validating our position: the Writers Guild of Canada; the Society of Composers, Authors and Music Publishers of Canada; and over 80 arts and cultural organizations from Quebec, British Columbia, Ontario and across the country. I encourage my colleagues to listen to their concerns so that we can make amendments that make sense for Canadians and we can have a balanced bill that works in the best interests of Canada.

We need to create a fair royalty system for creators, one that supports the digital economy and the creation of creative content by Canadians. Copyright laws in Canada can balance the right of creators to be compensated fairly for their work and the right of consumers, educators and students to have reasonable access to copyrighted content.

We need to make our copyright laws better, there is no doubt. New Democrats are willing to work with the Conservatives to move this copyright bill into the 21st century. I urge my colleagues to listen to the suggestions that we have offered to amend the bill and make it better, so that we can move into the new digital age.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-11.

Like the member for Trinity—Spadina, we both represent ridings, mine in Vancouver and the hon. member's in Toronto, that do have many artists and people who work in the cultural sector. We very much share that in terms of our ridings. We know how much concern there is about the bill and whether or not it does indeed strike the right balance.

Sometimes legislation can go through Parliament and not be noticed very much. Other times we find there is a huge amount of interest in legislation and there are campaigns to try to stop something, like we have seen with Bill C-10, the omnibus bill on drug crimes and other measures.

The bill before us has been very surprising because it is highly technical in nature. It is a complex issue when it comes to talking about copyright. Yet, in my community of east Vancouver, over the last couple of years, there has been significant debate about this issue because people recognize that copyright modernization is long overdue. They have of course been aware that the Conservative government was bringing forward legislation and in fact we have seen a previous version of the bill. It was identical in the last Parliament.

I have actually been surprised in a good way that there is so much debate out in the community about copyright, about the needs of cultural workers, artists, creators, as well as libraries. I am sure like many MPs, I have had visitations from, in my case, the Vancouver Public Library. I think I have met with them two or three times over the last few years about copyright issues.

A hallmark of public libraries is public accessibility. It is one of the few remaining places in our society where, no matter who individuals are, whether they are very wealthy or they are living on welfare and below the poverty line, they have access to a public library. It is a public institution. It is publicly owned and the services are publicly accessible.

Issues of public access and copyright are critically important when it comes to public libraries. The Canadian Library Association, the B.C. Library Association and the Vancouver Public Library have all brought forward very thoughtful comments, proposals and ideas about copyright, and what needs to be done. It has been a very interesting process to see the level of engagement around the bill.

Our copyright critic, the member for Timmins—James Bay, has done an incredible job of staying on top of this issue. As New Democrats we do believe that copyright modernization is long overdue. There is no question about that. I do not think there is any disagreement from any of us about that reality.

Obviously, the issue before us here today, though, is the bill. Does the bill, as it is currently manifested, contain the right balance in terms of public access for students? We just heard from the member for Trinity—Spadina who read one clause of the bill that seems particularly onerous. Is there an adequate balance of those rights and provisions in terms of protecting creators' artistic copyright as well as ensuring that there is public access?

Our member for Timmins—James Bay has gone through this with a magnifying glass in great detail and has also had numerous public consultations, town hall meetings, and an enormous response from stakeholders. He has come to the conclusion, and we have had discussions about this within our own caucus as well, that the bill unfortunately does not have the right balance and, in fact, there are many glaring problems. In some situations, and this is very unfortunate, the bill itself would even create problems when none existed before.

The principle of modernization is good but, of course, the devil is in the details, as we all know. It is really important that if this particular bill, as it is being debated in the House at second reading, which is in principle, does go committee, and I assume that it will because the government has a majority, there be a very close examination. We want to ensure that copyright laws in Canada can balance the right of creators to be fairly compensated for their work and the right of consumers to have reasonable access to copyrighted content.

I know that the government believes that the bill would do that. Unfortunately, upon close examination, we believe that there are serious problems with the bill, that there are flaws, and that if there is a genuine interest to work on the bill and to improve it, then I think we could end up with a bill that would actually reflect the balance that we all want to see.

I say that with maybe some optimism and hope, but also with the knowledge that this is the government that has rammed through legislation in the last few weeks since we came back and brought in time allocation, I think it is seven times now, and is hell-bent on forcing Bill C-10 through committee and having it come back into the House.

I truly believe that if as legislators we are to do our job, one of the most important processes of the legislative process is what happens in committee and it is not a matter of just playing for time or being frivolous. There is a real process that takes place. I have been part of that on a number of committees over the years and I know other members of this House have as well. When that happens, we actually can end up with something that is a better product, that is truly a reflection of what experts are telling us and what the prospective is of the political elements within this House.

I do hope that on this bill, because it does have such a long history and it is now the third time around that it has come forward, there actually will be a commitment from the Conservative government and the minister to allow the committee to actually do its work, and then it would not just simply be rammed through.

There are people in Canadian society who are incredibly expert on this issue. They do need to be heard. Now, I know the government is going to say it did all these consultations and it has done it all. This is before a legislative committee, though. This is part of a real process where people need to be heard.

The NDP is willing to work on this bill. We think there are serious problems, but we are willing to work on it. However, in its current form, it is not something that we think is supportable.

In terms of some of the specifics which I would just like to go into, one of the problems that we have is that this bill would formally enshrine in legislation commonplace grey area practices that enable users to record TV programs for later viewing as long as they do not compile a library of recorded content, which is often called time shifting, transfer songs from CDs onto their MP3 players, called format shifting, and make backup copies.

We are also very concerned that it would create new limited exceptions to the fair dealing provision of the Copyright Act, including the exceptions for educators, and exceptions for parody and satire that Canadian artists have been asking for. The exceptions to fair dealing contained in Bill C-11 represent some of the most contentious elements of the proposed legislation.

I know that there is also a very serious concern about the digital locks and that this would override many aspects of the balance that is being sought here. Experts like Michael Geist and the cultural industries have all spoken to this issue. For example, Michael Geist, who is a renowned technology commentator, said:

The foundational principle of the new bill remains that anytime a digital lock is used--whether on books, movies, music, or electronic devices--the lock trumps virtually all other rights.

This clearly is a problem and something that needs to be fixed.

The statement of cultural industries, which represents 80 arts and cultural organizations across the country, argues that the bill may be “toxic to Canada's digital economy” and has a lot of concerns about the bill. The bill needs to be changed and fixed. If there is goodwill from the government to do that, and it acts in good faith, then maybe that is possible to do.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Mr. Speaker, perhaps the previous speaker could give me a copy of that bill. I can read it to them another time.

Everyone agrees that Canada needs copyright reform. Everyone agrees that this reform should be fair to all parties, creators and consumers. Striking this balance is not an easy task. Given this general consensus, I am disappointed that the Conservatives' copyright bill has very little to do with the interests of Canadians and everything to do with appeasing U.S. studios and other large content owners. When will Canadians have copyright legislation that works for us?

The Conservatives ignored expert opinions raised in the committee and the findings of their own copyright consultations in 2009. Artists, educators, consumers and students all weighed in during the committee hearings, providing the Conservative Party with balanced information and weighted insight. Unfortunately, this information has been summarily ignored. As a result, the bill in front of us is a misguided piece of legislation and may end up doing more harm than good.

The copyright modernization act essentially gives with one hand while it takes with another. Conservatives continue to not deal with the issue of extending the private copying levy, as the NDP and many experts propose. The private copying levy has worked efficiently in the past for cassette tapes, CDs and DVDs. While this bill contains a few concessions for consumers, they are unfortunately undermined by the government's refusal to compromise on the single most controversial copyright issue in this country, which is digital lock provisions.

Digital locks supersede other rights guaranteed in the charter. They are a blunt instrument that does not distinguish between personal use and copying with intent to sell. In the case of long-distance education, for example, people in a remote, isolated community would have to burn their school notes after 30 days. This is hardly an improvement or an appropriate use of copyright law. Just in case our Conservative friends across the way do not know that section, I will remind them again that it is proposed subsection 30.01(5), and I will read it again if they choose to ask me their questions.

If we begin from the premise that a successful act would balance the right of creators to be compensated fairly for their work and the right of consumers to have reasonable access to content, then we can only conclude that Bill C-11 must undergo revision before this act can serve Canadians.

Here is what the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic said on the digital lock provisions. It stated, in part:

Unfortunately, the bill also succumbs to U.S. pressure and makes fair dealing--including the new exceptions for the many ordinary activities of Canadians--illegal whenever there is a "digital lock" on a work. A digital lock will trump all other rights, forbidding all fair dealing and keeping a work locked up even after its copyright term expires. Overall, these digital lock provisions are some of the most restrictive in the world. To achieve a fair balance between users and copyright owners, the government needs to fix the digital lock provisions before this bill passes into law.

The Writers Guild of Canada said:

The only option that [the bill] offers creators is digital locks, which freezes current revenue streams for creators, and creates an illogical loophole in the copyright Bill by taking away the very rights the Bill grants to consumers in its other sections.

The government has said it is giving rights holders the tools they need in order to develop products, market them and get paid for them, and that this is about protecting creators from piracy, but digital locks are neither forward-looking nor in consumers' or creators' best interests. Digital locks, at the best, will simply freeze current revenue streams for creators.

On the one hand, the bill will deprive some citizens of access to works they have already paid for and have every right to use. It will be illegal to remove a lock, even if done so for a lawful purpose. If someone locks himself or herself out of the house, we do not drag them off to jail for trying to enter his or her locked property; why should digital property be any different?

On the other hand, the rights and interests of creators are not being supported either. It should simply be enough to quote SODRAC, the Society for Reproduction Rights of Authors, Composers and Publishers in Canada, which states that:

...the bill tabled in the House of Commons will significantly affect creators' revenues.

By that I believe SODRAC talking about at least $30 million.

It continues:

Moreover, the desired balance between the interests of creators and those of consumers and users is, in our opinion, completely absent. Thus, it is imperative that [the bill] be revised before it is ultimately adopted into law.

We believe this copyright modernization act should not make criminals of everyday Canadians who break digital locks for personal non-commercial use.

We support amendments that actually benefit Canadian content creators, as these artists need the revenue streams. We do need a copyright modernization act, but we need one that is balanced and genuinely concerned with Canadian artists and Canadian consumers. Right now, the bill will leave all sides unhappy. It is one that has fallen short of its responsibility.

As I have a few more minutes, I will once again read the section that my friends are talking about. My colleague read it twice, but maybe after three or four times they may finally get it.

This is proposed subsection 30.01(5) at page 23 of the bill. It is speaking to reproducing lessons. These are students who are using notes.

It states:

It is not an infringement of copyright for a student who has received a lesson by means of communication by telecommunication under paragraph (3)(a) to reproduce the lesson in order to be able to listen to or view it at a more convenient time. However, the student shall destroy the reproduction within 30 days after the day on which the students who are enrolled in the course to which the lesson relates have received their final course evaluations.

I know how students work. Sometimes an assignment can be given for a term. When students have a document in front of them, it is not always possible to deal with all elements of that document within 30 days. Some documents, although they have been received completely legally, take a lot more time to go through.

The bill was introduced on September 29. We are near the end of November. If some members of the Conservative team over there have taken more than a month and a half to read the bill, how could they expect students to take a document that they have a right to study and destroy it within 30 days? That does not make sense.

Certainly, this component makes criminals out of ordinary Canadians. The people who would suffer most would really be the students and the artists who are not getting the fair compensation they should. We all know that these artists help to create an identity for Canada. A lot of artists live in poverty; they need more funds, and this bill does not serve them.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, unfortunately, I would need to take a lot more time to paint the portrait of what the Conservatives have done in this particularly bad bill.

When I was speaking a few days ago, I was particularly incensed and appalled by the lack of knowledge of a number of Conservative members. Even though they were here to speak to Bill C-11, they obviously had not read the bill. The New Democrats on this side of the House always do our homework. We read the bill. We heard repeated comments that the retroactive book burning provisions of Bill C-11 were not in the bill. Many Conservatives have risen in the House and said unabashedly that there were no book burning provisions in the bill. What we were referring to were the retroactive electronic books that would be destroyed by this particular legislation.

It is important that Canadians understand what is in the bad bills that the Conservatives bring in front of the House. I will read directly from page 23 of Bill C-11, clause 30.01. It reads:

(5)...the student shall destroy the reproduction within 30 days after the day on which the students who are enrolled in the course to which the lesson relates have received their final course evaluations.

It could not be clearer than that. It says it in black on white right in the text of Bill C-11. As a result of the government's incredible irresponsibility in drafting this legislation, students across this country who get electronic books will need to destroy their course material. I will read it one more time, “A student shall destroy the reproduction within 30 days”. If not, they contravene the bill. They break the law.

I know the Conservative Party pled guilty to law-breaking just a few days ago. What the government is saying to students in this country, and educational institutions as well, who get their material and go through the course, is that the moment they receive their final course evaluations they must destroy all of the information they accumulated through the course of the lesson.

Having gone to university a number of years ago, I have kept much of my course material. My management and accounting courses still serve me when I do a variety of things in the House. A lot of the things that I learned in university continue to be useful today. The Conservatives are now saying that they will retroactively force students to burn their textbooks, destroy all that information, and they are doing it because lobbyists said that should be put in the bill.

The member for Timmins—James Bay, who is our digital critic, has talked about some of the other aspects of the bill and how they would make criminals out of ordinary Canadians. The government seems obsessed with trying to make everyone a criminal. However, the government has also put anti-circumvention rights on digital locks within the bill. This means that the simple action of copying information for personal use would make those individuals criminals. We are talking about very draconian penalties of up to $1 million that are contained within the bill.

We have spoken out against the digital lock provisions. We have spoken out against the retroactive book burning that the Conservatives now want to force on every student in the country who gets electronic textbooks. We have spoken out about that because Bill C-11 is simply bad legislation.

We are standing up for the rights of students to keep their course material. We are standing up for the rights of Canadians to copy material for personal use. We have said that we need to modernize the Copyright Act but not in this right-wing, ideological, lobbyist-based crusade that the Conservative government has brought about with some of the provisions in the bill.

We have offered to bring forward constructive amendments to change the retroactive book burning provisions and to change the incredible aspects around the digital locks and the criminalization of Canadians. However, the Conservative government, in its incredible arrogance, has said no, that it will not listen to Canadians on this. It will not even listen to Canadians in committee. It will simply try to ram the bill through.

Well, we are speaking out against this legislation and we are speaking out against the bad provisions that the Conservatives have put in it.

The House resumed from November 14 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 amendment.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, as we have said before, our government's top priority is the economy. Despite global economic challenges, nearly 600,000 new jobs have been created in Canada, 90% of them full-time. Through Canada's economic action plan our government has put forward focused and effective policies that have promoted job creation and economic growth in all sectors of the economy. That has been reflected in this week's successful jobs and economic growth week.

Our government will continue to focus on delivering important measures for Canada's economy. Thus, next week we will be delivering results on jobs week, and anticipate passing the next phase of our low tax plan for jobs and growth next week.

Beginning tomorrow, we will move forward on report stage for Bill C-18, Marketing Freedom for Grain Farmers Act. This important bill provides economic choice to western Canadian farmers. I understand that the hon. member for Winnipeg Centre has a number of amendments on the notice paper, but keep in mind that getting this bill passed would give farmers predictability for next year's growing season, which is an objective. I am looking forward to a productive, efficient and civil debate on the legislation, which will finally deliver freedom to western Canadian grain farmers after seven decades.

We will continue debate on Bill C-18 next Wednesday. I am hoping that we will be debating the bill's third reading on Wednesday, if the debate tomorrow turns out to be productive and efficient. In the last election, we committed to moving forward with Canada's economic action plan, a low tax plan for jobs and growth. Canadians gave our Conservative government a majority mandate to implement our plan.

On Monday, we will have the final day of debate on Bill C-13, the Keeping Canada's Economy and Jobs Growing Act, our primary bill in job creation and economic prosperity week. Bill C-13 implements important measures from our budget such as the small business tax credit and the extension of the accelerated capital cost allowance to make our manufacturers more competitive.

On Tuesday morning, we will continue debate on Bill C-7, the Senate Reform Act. The bill has already been debated on three days, so I hope that following Tuesday's debate the opposition will allow members to vote on this bill that will allow the Senate to reach its full potential as an accountable and democratic institution.

On Tuesday afternoon, we will continue debate on the opposition's motion to block Bill C-11, the copyright modernization act. The bill is another of our priority economic bills that the opposition is trying to prevent coming to a vote through what it calls a reasoned amendment.

Bill C-11 would create modern copyright laws to protect and create jobs, promote innovation, and attract new investment to Canada. This will be the fourth day that the bill has been debated. The time has come for members to have the chance to vote on this important economic bill. However, if the opposition continues in its efforts to delay and block the bill, we will again debate it on Thursday.

As is always the case, we will give priority to other important bills that may be reported back by committees. I refer especially to Bill C-10, as I understand that the justice and human rights committee is working hard, even as we speak, to complete its clause-by-clause consideration of the bill later today, I hope.

Finally, the next allotted day will be on Friday, November 25.