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.

Bill C-11—Time Allocation Motion

[Christian Paradis, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, once again, taking Bill C-11 and Bill C-32 together, at second reading alone, we had 29 hours of debate and 31 meetings lasting a total of over 65 hours, and we heard from over 110 witnesses.

Yes, Bill C-11 is the same as the former Bill C-32, with 11 amendments made following consultation. What people do not want is an iPod tax. That is clear. Yet that is what my colleague is recommending and he is starting to sound like a broken record.

We need to move on. What we want to eliminate is piracy. When people try to cheat and pirate material in the digital era, it will be prohibited. This legislation will comply with the international standards of the World Intellectual Property Organization. People expect that. The legislation needs to be updated. After so many hours of debate, it is time to move on.

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

Mr. Speaker, I just heard the Minister of Industry refer to a skipping record. There is a good explanation for that. Despite what he says and all these consultations he mentioned, the government has not heard the message. It is as simple as that.

What we are telling artists again today in Bill C-11 and what we told them in Bill C-32—and the Minister of Industry said himself that the two bills are the same—is that they will not be paid for their work. Whether we are talking about artisans or more or less famous artists, this change has not been made in Bill C-11. That is why we must continue to listen to people, not just here in Parliament, but in committee, to finally make the government understand the situation.

Time allocation always reminds me of a recent ad campaign for a credit card company, or even Club Med, which shows 30 seconds of sunshine and beautiful people strolling down the beach and asks us to imagine spending a week doing the same. With all these time allocation motions that we have had in just one year of this majority government, just imagine what we are in for until 2015. It is unbearable.

[Christian Paradis, Conservative, Minister of Industry and Minister of State (Agriculture)]

Mr. Speaker, again, it is not reasonable for hon. members to rise in this House and say there has been no debate on this bill. On the contrary, there has been a tremendous amount of debate on it.

We reintroduced the same bill from the last Parliament in order to continue the debate that was held on Bill C-32 and on Bill C-11. We have been debating this for two and a half years. More than 10,000 consultations have been held across Canada.

My colleague, the Minister of Canadian Heritage and Official Languages, can confirm that. He and the President of the Treasury Board were in charge of this file in the previous Parliament.

It is time to move into the digital age. What we are hearing in this debate is a skipping record. Vinyl records that skip are a thing of the past. We have to move toward the digital economy. We have to move on to something else and update the legislation.

[Nycole Turmel, NDP, Hull—Aylmer, QC]

Mr. Speaker, it is interesting to note that this government, which claims to be democratic and open, is once again moving a closure motion on such an important bill as Bill C-11 on copyright.

I would like to read a 2002 quote from the Minister of Canadian Heritage and Official Languages:

Mr. Speaker, here we go again. This is a very important public policy question that is very complex and we have the arrogance of the government in invoking closure again. When we look at the Liberal Party [which was in power at the time] on arrogance it is like looking at the Grand Canyon. It is this big fact of nature that we cannot help but stare at.

I would like to know why, in the past, the Conservatives were completely against limiting debate, whereas today, they are fine with it even though we want to thoroughly debate the bill?

[James Moore, Conservative, Minister of Canadian Heritage and Official Languages]

Mr. Speaker, if by quoting me the hon. member is trying to sweet talk me into supporting his leadership campaign he is a bit late.

With regard to copyright reform, I would remind the House leader of the official opposition, all the opposition parties in this House, even my colleagues and certainly the public that this effort to modernize Canada's copyright legislation began more than two years ago. This is not legislation that we tabled yesterday and are taking this action on now. This is essential for Canada's digital economy, for our standard on the world scene and to ensure that those who are investing and those who are creating have rights that are clear in the digital age.

It has been 22 years since Canada's copyright regime has been seriously and substantively reformed in this way. We have taken action. We have consulted Canadians widely. We tabled Bill C-32 and re-tabled that legislation as Bill C-11. This debate has been going on for two and a half years. We think it is more than time to move forward. This legislation has been considered more than any other piece of legislation in any one of the last three Parliaments and it is time to move forward.

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

moved:

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 of the report stage and one sitting day shall be allotted to the third reading stage of the said bill and,

fifteen minutes before the expiry of the time provided for government business on the day allotted to the consideration of the report stage and on the day allotted to the 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.

Report Stage

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Mr. Speaker, I appreciate the fact that the MP spoke to the bill itself. Today we have heard Conservative members speak to other bills and speak generally about Bill C-38, such as the member for Nipissing—Timiskaming or the member for Oak Ridges—Markham, and lecture us about not telling the truth.

My question is simple and is directed to the member for Oak Ridges—Markham. Conservatives talked about the government creating jobs directly through this legislation. How many jobs are going to be created through Bill C-11?

[Jim Hillyer, Conservative, Lethbridge, AB]

Mr. Speaker, I have carefully studied this bill. I have consulted with constituent, stakeholders and my fellow legislators and I have consulted carefully with members of the committee who studied the bill. After this research and consulting with stakeholders and people in my riding, I am happy to speak in support of Bill C-11.

I am proud that our government kept its promise to introduce this bill.

This is important legislation that would update Canada's copyright law so it would be responsible in the digital age. Copyright matters to Canadians from all walks of life. Whether they are creators or users of that copyrighted material, Canadians understand that copyright impacts their daily lives whether at work, at play or at school. They also recognize the importance of copyright in the digital economy and Canada's global competitiveness. The bill therefore reflects a common sense approach that addresses all these issues. It does so by taking a balanced approach to copyright modernization.

Given all these different interests in copyright modernization, there has been a lot of debate about the bill. This important legislation has been reviewed and studied in committee under two different Parliaments. These committees heard from dozens and dozens of individuals and organizations and they listened to these stakeholders. These included representatives of creator groups, high-tech businesses, consumer groups, publishers, broadcasters, educators, artists, telecommunications companies. As well, they received many written submissions from the general public. All these perspectives helped guide the current committee as it completed its review of the copyright modernization act.

In Bill C-11, the government has proposed a balanced approach to copyright modernization. This approach balances the needs of creators and users. Furthermore, this approach brings Canada's copyright laws into the 21st century and positions our country for success in the years to come. At the same time, the committee recognized that some tweaks, amendments and fixes were in order and it adopted a number of amendments. These amendments added clarity to certain provisions of the bill, improved our ability to implement the bill and improved fairness for users and producers.

I will speak now about some of these important amendments.

As members know, the proposals in Bill C-11 will help ensure that Canadians are able to enjoy their legally obtained copyrighted material when and how they want it. It does this through several measures that facilitate the use of copyrighted material for private use.

During the committee process, members heard that there was a lack of clarity about these private purposes that were being referred to in the bill. Accordingly, the committee adopted amendments that clarified the exceptions that would apply for private purposes, to ensure it referred to the individuals and not to all their friends to whom they wanted to give their privately obtained material. These amendments address the concerns about lack of clarity and we believe Canadians will see this is fair and that they will be better served by more precision and predictability.

Bill C-11 responds to the challenges presented by online copyright infringement. Many, but not all, of the concerns that I hear about the bill express a lament that people will be unable to legally steal copyrighted material anymore online and this is a bit disturbing for some people. The committee recognized the importance of putting in place measures to address online piracy. However, it recognized that the wording of the initial bill created confusion about its scope. Therefore, the committee supported changes to the bill to address this as well.

With these changes, our government is now sending an even clearer message that enabling online copyright infringement is not acceptable. Our government recognizes the significant harm illegal file sharing inflicts upon online businesses and software developers in Canada.

Bill C-11 would promote innovation in many ways, including through exceptions for activities related to computer programmer interoperability, encryption research and security testing of computers, networks and systems. However, there was concern that hackers could hide behind these exceptions to protect themselves from litigation. Therefore, the committee responded to this concern by adopting an amendment to ensure that Bill C-11 would not inadvertently protect unethical hackers who would seek to exploit vulnerabilities in computer systems and mobile devices.

With this amendment, Bill C-11 would ensure that innovators are still afforded the freedom needed to keep thinking about the future. At the same time, it would ensure that those who intend to take advantage of Canadian ingenuity are legally pursued. In short, the amendment would allow the bill to achieve its goals.

I mentioned that many of the concerns I have been hearing about the bill are based on a desire to continue to obtain copyrighted material and the notion that because it is in digital form, it is not stealing.

A lot of the concerns are based on misinformation, or misunderstanding which is based on misinformation which is often blatantly provided. A lot of the concerns raised, for example, are about students having to burn their notes at the end of the semester. Of course this is not true.

Basically the bill would bring us into the digital age.

Right now, if students are sitting in a real classroom and the professor shows a movie clip, they are not able to take the movie home and keep it. That is the only kind of thing that students are not able to keep if they are online students, things which in the real physical world they are not allowed to keep. That is all it refers to.

It is the same for digital locks. A lot of the concerns about digital locks would not be a concern if they were locking actual material or actual merchandise. It is similar to saying, “Well, he didn't actually rob me, but he did break into my store”. That is what digital locks refers to. We think that it makes sense. Most Canadians understand the necessity to protect private property, including intellectual property.

In today's world, technology is evolving at breakneck speed. Bill C-11 does not just take aim at current issues or issues that are 15 years old. It is forward looking and responsive. It would help ensure that Canadians' copyright laws are flexible enough to evolve as technology evolves.

Everyone knows that our copyright law has not been updated for 15 years. It is woefully out of date. Moving forward, we are committed to ensuring that the Copyright Act remains responsive to the reality of today and the days to come. That is why the bill includes an automatic review process every five years to ensure the Copyright Act remains responsive to the changing digital environment.

There is a desire to get the copyright law right, but we know that as the years go by, the demands will change, as will the necessities, and therefore, a review of the process is built in.

After all that we have heard, after all the discussions we have had, it is time to move forward with copyright modernization.

Bill C-11 would balance the interests of all Canadians who are touched by Canada's copyright law. With that balance in mind, Bill C-11 would offer a range of benefits to all Canadians, including new rights for Canadian creators and greater protections for the incentive to create. It would include changes that would legitimize the everyday activities for ordinary Canadians. A lot of the concerns about the limits on digital copying, et cetera, would actually allow for more than the current law allows for.

Furthermore, the benefits would include clear copyright rules to encourage innovation and the sharing of ideas online.

Last but not least, there are more options for educators, not fewer.

Clearly, this is good news for all Canadians, artists, businesspeople, teachers, students and families. Canadians deserve a copyright regime that would allow them to fully participate with confidence in the digital world. With Bill C-11 our government would deliver these benefits.

I invite hon. members of the House to join our government to support the bill, which would effectively modernize Canada's copyright law and protect the interests of all Canadians.

[Pierre Dionne Labelle, NDP, Rivière-du-Nord, QC]

Mr. Speaker, I would like to begin by thanking the witnesses who appeared before the Legislative Committee on Bill C-11.

We heard from approximately 50 witnesses during our study of Bill C-11. Prior to that, 75 witnesses appeared before the committee studying Bill C-32. Well over 100 witnesses shared their views and their concerns about modernizing copyright.

Official opposition MPs worked closely with DAMIC, which I would like to thank, and with the Canadian Conference of the Arts, to draft 70 amendments on thorny issues.

Copyright holder associations, associations of writers, composers, creators, artists, photographers and directors shared their concerns and suggested amendments. This is a compilation of the amendments they suggested.

During our work in committee, we were unable to present all 70 amendments, so we selected the amendments that were most likely to create a win-win situation for everyone, to pass the legislative committee's test and to be agreed to by both the governing party and the opposition.

Unfortunately, the Conservative government rejected all of the amendments we presented, which were not even all the amendments or concerns suggested by the industry and the creators. It as if this hundred or so people representing a variety of organizations came to a legislative committee to describe the problems and propose solutions, but none of these solutions were acceptable to the government.

I must say that this was the first time I had participated in this process, and I found it rather sad, because copyright—the rights of authors—is the very foundation of the ability to innovate and create in the arts, culture and literature. Such a denial of the realities described to the committee may leave us speechless.

With this bill, the government is introducing some 40 exceptions to the Copyright Act. These exceptions are contrary to the spirit of the international conventions in this field, and in particular the Berne Convention for the Protection of Literary and Artistic Works.

The Berne Convention established a three-step test to determine whether or not a work is used fairly and whether it corresponds to the proper use of a work with regard to copyright.

First, the use of the work must not conflict with the normal exploitation of the work; second, it must not unreasonably prejudice the legitimate interests of the author; third, there may be an exception only if the reproduction of the work is limited to special cases.

So here we are faced with about 40 exceptions that could have been special cases, but that seem to be generalized cases of uses that are not, or are no longer, covered by the Copyright Act.

I will use an example that has raised a lot of questions: fair dealing in the education sector. Clearly, when the Copyright Act was created, television, the Web, Twitter, Facebook and the Internet did not exist. The act has had to be adapted, as things have evolved, to take into account technological innovation. Today, the Web has truly transformed the notion of the use of a work, as that notion has historically been understood.

This is particularly striking in the area of education, with the arrival of electronic boards and websites that teachers use to give their classes. Here is an example that I already gave at a committee meeting, but that serves its purpose: imagine that I am an author and that I am writing a book on the Conservatives' tendency to want to limit democracy. That is the title of my book. A teacher gives a class on the evolution of politics in Canada and puts my text, which he found in my collected works, on his website. He asks his students to go and consult the text. As things stand, if the teacher photocopies my text on the Conservatives' abuse of power, as the author I receive a small sum of money, and agreements are honoured, particularly in Quebec with respect to Copibec.

In future, if the teacher posts my text on his website and students consult it, I will not receive a cent. If, on his website, the teacher decides for educational purposes to add an excerpt from a film, which is protected by copyright, he will not have to pay for copyright. If he adds music or a song by Richard Desjardins to his website for the purposes of fair dealing in education, he will not have to pay Richard Desjardins.

So here we are in a new situation where the law allows for widespread use of the products that creators and the industry produce, with no financial compensation. That tears down a model of copyright we are familiar with. This is not a continuation, it is a departure. The Conservatives want to modernize the Copyright Act, but they are breaking from it. They had the opportunity, by modernizing the Copyright Act, to extend the private copying regime to devices that are used to make copies of creative content—texts, music and the rest—but they have refused to expand the private copying system.

For the people watching us, the private copying system is relatively simple and was established when people started to make copies of music and films on videocassette. It made sure that part of the money from the sale of a CD or a videocassette went into a fund to support artists, creators and rights holders. The government could have expanded that system to cover all devices used in the digital era, but it was completely focused on connecting royalties with a tax. It intentionally tried to confuse people and fudge the issue.

I have only a minute left. That is unbelievable—how can I finish in that time? This is a bill in which the government could have simplified things and made things clearer. Instead, it is a bill that will create extreme complications. Everything is going to get settled in the courts. There is the matter of contracts. Contracts are under provincial jurisdiction. Will the government be able to keep these provisions in the legislation? Education is also under provincial jurisdiction. Does the bill infringe on provincial powers? That is a good question. There are also obligations under the Berne Convention. All of the clauses of this bill may be litigated in the courts and be justified by lawyers. It is going to cost authors, composers and creators enormous amounts of money when they have to prove the damage they have suffered. I think the Conservatives could have made it easy and they have intentionally complicated things to please their friends. I am eager to take questions.

[Gerald Keddy, Conservative, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, it is a pleasure for me to speak to this extremely important legislation.

I would be remiss if I did not preface my comments by mentioning the previous member who spoke talking about where our artists are working, whether they are successful and whether they are able to work in Canada. The reality is that for world-class artists, it is not Canada and it is not the United States. It is the entire globe.

We live in a global economy and our artists do well when they can work on a global scale. We do not have to be so parochial that we cannot see beyond our neighbour, beyond our provincial boundaries or beyond our country's boundaries. If we want to be successful today, we need to work on a world scale. Our artists are able to do that because they have been supported and nurtured by both provincial and federal governments in this country and are first class artists in their own right. The idea that we would deny them competition, deny them the ability and that we would keep them poor and enslaved is totally unfathomable to me.

In our government's last Speech from the Throne we announced our intention to reintroduce and seek swift passage of legislation to modernize Canada's copyright law. I am proud to say that we are well on our way to fulfilling this commitment.

On September 29, 2011, our government introduced a modern, forward-looking copyright bill, a bill that would promote innovation and job creation, a bill that would help attract new investment to Canada. In short, this bill is a good news story for Canada.

Bill C-11 represents a balanced approach to copyright reform that would give creators and copyright owners a full range of rights and protections needed to compete on the world stage. At the same time, the bill also recognizes the many ways in which Canadians can make use of copyrighted material.

Today I will draw attention to the many ways in which Canada's creative community would benefit from Bill C-11.

The bill provides a clear framework that would allow creators to take full advantage of the vast number of opportunities presented by today's digital world. This is important. As the Canadian Publishers Council has stated loud and clear, we all benefit from strong and precise copyright legislation that provides incentives that protect rights holders while in this highly competitive economy. This bill would do just that, which is why it has received so much support across this great country.

The copyright modernization bill would bring Canada in line with international standards by implementing the rights and protections of the World Intellectual Property Organization Internet Treaty. The bill would also ensure that creators are able to control the first sale of every copy of their work. In doing so, Bill C-11 would protect the incentive to create and would give copyright owners effective tools to fight against piracy.

As I mentioned earlier, these provisions have been greeted with widespread support, including from the Entertainment Software Association of Canada, which described our government's copyright legislation as good public policy and critical to the success of Canada's digital economy.

Considering the clear benefits of Bill C-11, it is no wonder that its swift passage is being urged on and encouraged by so many Canadians. The bill is long overdue, as the copyright modernization bill has already undergone a very extensive review.

In the last Parliament, more than 70 witnesses appeared before a legislative committee and over 150 written briefs were submitted.

Earlier this year, the committee tasked with studying Bill C-11 heard from an additional 50 new witnesses and it also received approximately 100 new written submissions.

The committee recently completed a clause by clause examination of the bill. It adopted some amendments that clarified certain provisions and some of them reflect recommendations put forward by members of the creative community.

Let me tell the House about some of those amendments.

As mentioned, Bill C-11 would give creators and copyright owners the tools to go after those who enable infringement, while maintaining a balance with the rights of consumers. The government's efforts to target those who enable and profit from copyright infringement has been applauded by members of the creative community.

However, the committee recognized the concern expressed by these groups that the enablers provision should be strengthened. Specifically, they were worried that the language used in the bill may have inadvertently allowed large-scale enablers to escape liability. The committee has responded to this concern. It adopted amendments that close any loophole that may have existed that could have inadvertently afforded protection to enablers. In doing so, we are sending an even clearer message that facilitating copyright infringement is not welcome in Canada.

Because Bill C-11 is about balance, the new rights and protection it includes for creators are accompanied by a number of exceptions for use, including exceptions that would allow Canadians to benefit from digital technology. For instance, the bill would allow Canadians to time-shift and format-shift. This would enable them to enjoy legally obtained copyrighted material at the time and in the way they choose, as long as it is done for private purposes.

These exceptions have elicited widespread support, especially from those devoted to the teaching and education of our children. The Council of Ministers of Education has stated:

This legislation provides the clarity we have been looking for.... It is excellent that the bill allows students and educators to use Internet materials in their learning and teaching without fear of copyright infringement.

It is worth just taking a look at that phrase one more time. One of the great challenges in this piece of legislation was to find a balance between reliable, honest Internet use and copyright infringement. We needed to find a balance that would allow our educators and our students to access the Internet; however, we also needed to protect the rights of the people who own that copyrighted material. Every single minister of education in Canada has agreed that this piece of legislation finds that balance.

I realize that we have a number of people in the House who appear to think they know more than every single minister of education in this country, but the reality is that this has been embraced by the education community. It has been looked at, as I said earlier in my remarks, as a balanced piece of legislation. It has received extremely widespread support.

However, the committee also recognized concerns raised by some copyright owners that these exceptions could be misinterpreted. Copyright owners indicated that people might think it is legal, for example, to copy a movie from someone else's personal collection to their own tablets as long as the recording is being used for private purposes. This of course was never the intent of the bill's format-shifting and time-shifting exceptions.

In response to this concern, the committee adopted an amendment that makes it crystal clear that these exceptions would only apply when it comes to the private purpose of the individual who has legally obtained the copyrighted material other than by borrowing it or renting it. It would ensure that the measures proposed in Bill C-11 would work the way they are supposed to.

All the amendments I have described support the overall balance of the bill. These changes ensure that the rules of copyright are clear and predictable. The needs and the interests of both consumers and creators have been carefully considered.

Copyright clearly plays a critical role for Canada's creative community. It needs a modern copyright regime that reflects the reality of the digital age. The bill we have before us today would do just that. Bill C-11 is a common sense approach to copyright. It would bring the Copyright Act in line with our G8 trading partners.

Bill C-11 in its current form would provide our nation's creative economy with the edge needed to thrive in the competitive global market. It would, in the words of the Canadian Chamber of Commerce, lay “the foundation for future economic growth and job creation”.

It is time we brought Canada's copyright law into the 21st century. I urge my colleagues on every side of the House to join me in supporting the bill. This is timely, good and balanced legislation.

Bill C-11--Notice of time allocation motion

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

Mr. Speaker, we are debating Bill C-11, the copyright modernization act, a bill that puts forward a balanced approach that would create jobs, promote innovation, and attract new investment to Canada.

Today is the 11th day that the bill has been in debate since September when it was introduced. It has also been the subject of extensive committee hearings in this and the previous Parliament. Special legislative committees have heard from almost 200 witnesses.

Despite that extensive debate and study, I must advise, Mr. Speaker, that an agreement has not been reached under the provisions of Standing Orders 78(1) or 78(2) concerning the proceedings at report stage and third reading of Bill C-11, an act to amend the Copyright Act.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at those stages.

Copyright Modernization Act

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speaker, although the Conservative government continues to say that the proposed changes to the Copyright Act will protect the best interests of Canadian consumers, the reality is that the Conservatives have based their policy on the concerns of large copyright holders, especially those in the United States.

My colleague is quite right: the real winners with Bill C-11 are the major movie studios and record labels, not Canadian consumers nor the artists.

I wonder if she agrees with my hypothesis: maybe the government attacks women, seniors and now artists as a way of creating more criminals to suit its prison agenda.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, today I have the pleasure of addressing the House on the subject of Bill C-11, An Act to amend the Copyright Act. This has already been pointed out, but I would like to remind the House that, while the English title speaks of copyright, in French, we refer to “le droit d'auteur”, the author's right.

That difference is quite interesting, because we are seeking to find a balance between the author's rights and the user's right to make copies. In a well-constructed law, it should be possible to find a balance between these things that appear contradictory at first.

As the official opposition critic on industry, I would like to highlight some facts regarding the contribution of arts and culture to the Canadian economy.

It is said that arts and culture contribute $85 billion a year to our economy and support 1.1 million jobs. If we look deeper, we find that the average salary for an artist in Canada is only $12,900 a year. So, when we talk about this bill to amend the Copyright Act, we want to be certain that the new legislation includes remuneration for the creators and artists who work in this industry. After all, they are the ones who create the content that consumers, users and educators make use of later.

People who work, who are in an industry and produce a device or any kind of commodity, expect to be compensated for their work, for the product they produce. That is the problem with Bill C-11. Creators will lose income that their content should generate. As well, those who produce things expect the product to be protected somehow, not used in a way in which they did not intend it to be used.

It seems that those who produce artistic creations, such as music or photos, would no longer be compensated. Consider the book industry. I recently spoke to people from the Union des écrivaines et des écrivains québécois. The Quebec book industry is worth $800 million per year, yet writers earn an average annual income of just $10,000. Despite relatively low earnings, the existing legal framework enables many people interested in writing—and making music—to earn royalties for their work.

I believe that, in our society, people should be compensated fairly for their work.

That is what is interesting about arts and culture, because it is a very important sector in Canada. Indeed, Canadian artists do not have access to a huge market, as do our neighbours to the south, for instance.

We therefore need to ensure that our artists are properly supported so that they can continue to tell our stories and share Canada's culture with the rest of the world, since that culture is rather unique and very interesting.

These artists are always passionate and often have very unique ways of expressing what it means to live here in Canada, of singing about Canada and of talking about Canada's different regions. Incidentally, I am from Quebec and of Acadian heritage. It is thanks to artists from Quebec, whom I know well, and Acadian artists, for instance, but also artists from other areas of Canada, that we are able to express what it means to be Canadian, to be a Quebecker, Albertan or Ontarian, to name a few.

These artists are, or at least should be, a great source of pride. As such, we must recognize that in the bill to amend the Copyright Act. We must ensure that we have legislation that reflects the needs of Canadians and does not give in to foreign demands that do not necessarily correspond to Canadian values. We have to make it easier for culture to grow here and ensure that it can be protected.

Like the government, we recognize that the Copyright Act has to be modernized; there is no denying it. Earlier, my colleague, the digital issues critic, said as much, as we all have. Technology is changing faster than the law can. It is changing very quickly. There are more and more means of communication and copying. We have to deal with this rapidly changing technology. We know that.

We would expect a bill that modernizes legislation to support fair compensation for the creators of content and accessibility to this content for users, and also to strike a balance between these interests. Bill C-11 does not seem to strike that balance. It even adds locks, barriers, things that do not necessarily help achieve that balance. According to a number of witnesses, these things could potentially create barriers to innovation.

I would like to remind the government that we must try to strike a balance. The NDP believes that the Copyright Act can strike a balance between creators' right to fair compensation for their work and consumers' right to reasonable access to content.

I hope that we will strike that balance one day. However, at this time, Bill C-11 does not seem to do that. Therefore, I am sorry to say that I will be voting against it.

[Chris Alexander, Conservative, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, it really is a pleasure to rise in the House today as part of this debate on Bill C-11, the copyright modernization act. Like so much of the legislation we are discussing in this session, this legislation is long overdue and badly needed by a sector of the Canadian economy that is absolutely fundamental to our future growth and to job creation in this country in the years and decades to come.

It matters for the artists of this country who have yet to emerge, cut their first album, produce their first painting or write their first play. It also matters for the superstars we all enjoy today who want to take their creations even further. Feist, Cirque du Soleil and dozens of artists that all of us in the House admire enormously are among those who stand to benefit from versions of this act, which is above all focused on modernization in a sector where being up to date has always counted as much as anything else, because the methods by which artists transmit their works to the world have always been changing.

In my remarks, I want to review the path that we have taken in coming to the point of bringing this bill before the House and remind hon. members that copyright is at the heart of our democratic system. It is at the heart of our society and our values, in that it allows us to bring art creations before a larger audience and ensure that creators and artists benefit and are able to be part of a value chain, part of businesses that ultimately form an enormous and growing industry in this country.

It goes all the way back to the time of Queen Anne. One of the first copyright statutes was as far back as 1708. Hon. members on my side of the House will take some pride in the fact that it was a Tory government at that time in England, which is not surprising.

The first legislation in this country came at a very formative stage. In the 1830s, long before the British North America Act was passed, this country was legislating in this field. The original Copyright Act goes back to 1921 and was not updated in any thorough way for a long time, because media had not changed as dramatically, through much of the 20th century, as they have in recent decades. This measure is now urgent.

The legislation in previous Parliaments, as hon. members know, did not come through the legislative process and receive royal assent. I would like to take some time to reflect on how this bill has reached the point at which we see it today.

It is most important to emphasize that this bill built on input from literally thousands of Canadians, and many of the consultations took place in 2009. The response to them was remarkable, demonstrating not only how important copyright is to the digital economy and our global competitiveness but also that Canadians understand how important this is to their lives. If we are not up to date and modern in our legislation in this field, Canadians literally deprive themselves of self-understanding through the best art, stories and representations of the way we live in this country that are available. We are each serving our own quality of life in supporting this legislation.

Through the consultations, the government heard many views from copyright owners, artists, individual copyright users, innovative companies, teachers and students.

The teachers and students told us they need greater flexibility to make use of copyright materials to maximize the opportunities provided by new classroom technologies. That is a fair point.

Copyright owners told us Canada's copyright law needs to reflect international standards in rights and protections to allow them to sustain business models in a digital environment and a globalized context.

Consumers told us that they want to make reasonable use of content they have already bought and paid for.

Furthermore, from all the feedback we received it became abundantly clear how important it was going to be to design a copyright bill that balanced the interests and needs of the full range of interested parties. None of these constituencies was going to get everything it wanted out of this bill; each would have to strike a balance with all the other major interested parties.

Following the consultations in spring of 2010, during the 40th Parliament the government introduced Bill C-32, also a copyright modernization act, and after second reading the bill was referred to a legislative committee. That committee heard Canadians' views over the course of 17 days of witness hearings. In that time, 70 individuals and organizations appeared and 150 written submissions were received, and two key messages emerged: first, the bill struck the right balance between various stakeholders, in the view of the vast majority of those taking part; second, Canada urgently needed to pass an updated copyright legislation to bring ourselves up to date.

Unfortunately, the 40th Parliament was dissolved. Members opposite will know more about the reasons for that than we do on our side. It was an unnecessary election, and it had a cost in terms of the timeliness of legislation and a further delay in the passing of this bill. Therefore, to facilitate swift passage in this Parliament, the government introduced a bill without changes in order to reiterate its support for balanced legislation and to facilitate the modernization of the act.

Then a second legislative committee went to work studying the bill, and it has reported back. That committee held seven more days of witness hearings and heard from 40 additional witnesses.

During clause-by-clause review, the committee adopted several technical amendments. I call these amendments “technical” because they address specific legal and drafting issues in the bill, while preserving the overall balance. They have improved the clarity of several important provisions of the bill. Obviously this world is changing; as a result, the technical background to many of this bill's provisions is changing, and we had to ensure that the bill now before this House matched the intent of the bill and the reality in this sector.

Some of the technical amendments tighten up the language of new measures to fight online piracy. For example, the provisions that create a new civil liability for so-called enablers—services that enable online piracy—have been strengthened. It has also been clarified that an enabler would not be able to benefit from any of the safe harbours in the bill that are intended to apply to legitimate Internet intermediaries when they are playing a neutral role.

We have also cleaned up and corrected ambiguous wording in some aspects of the bill, fully in line with the government's stated intent. For example, it is now specified that new exceptions for copying for private purposes apply only for the private purposes of the person who makes the copy, not for some other person's private purpose. Other technical amendments would reassure Canada's information and communication technology sector that exceptions designed to foster innovation through activities such as security testing, interoperability and encryption research would not provide inadvertent loopholes for malicious activities. The last thing we wanted to do is allow those engaged in piracy to enter, as it were, back into this game through the back door.

Finally, the safe harbours provided to Internet intermediaries have been amended to ensure that the conditions that must be met to receive shelter are aligned with industry best practices. These are just some of the examples of improvements made.

This June will mark the two-year point since the predecessor of this bill was first introduced. That is a long time. It is clear we owe it to all those who participated in the consultations in committee hearings to move forward with this important legislation. Time does not stand still on these issues, and this Parliament will no doubt return to this issue with subsequent amendments and with subsequent legislative measures in this field. However, it is vital to Canada's competitiveness and to the well-being and prosperity of our artists and our cultural industries that this bill now move ahead. Without this legislation, everyday Canadians will not be certain that they are on the right side of the law when they do something as simple as recording a television program for later viewing. Without this legislation, copyright owners will not have legal protection for the digital locks they use to protect their investments in a digital marketplace.

With these modernizations, an already vast industry in Canada will stand every chance of growing, of achieving record levels of growth and taking the richness and all of the diversity of Canada's cultural industries to a much larger audience inside this country and well beyond our borders.

[Charmaine Borg, NDP, Terrebonne—Blainville, QC]

Mr. Speaker, I am pleased to speak today about my concerns with Bill C-11, An Act to amend the Copyright Act.

As the official opposition critic for digital issues, I can see that the proposed measures will have serious repercussions on the digital economy and on the Canadian public. I believe we must study these repercussions very carefully.

First, I would like to speak about the importance of changes in technology. Our society is going through great upheavals, and the constant advances—ever faster and more significant, thanks to new technology—become central to all our spheres of activity. In our professional and personal lives or in our academic careers, we are affected by this observation.

Copyright—authors' rights—is one such facet. I believe we must look closely at the rules that regulate copyright today and harmonize them with current international standards. I believe, therefore, that it is our duty to study the measures we need to adopt in order to satisfy the interests of everyone involved in this issue. Many groups of people are involved, and their demands are not necessarily the same. Sometimes, they are even quite antagonistic.

Creative, university, technological and business communities, along with consumer rights advocates, have legitimate concerns, but they do not necessarily go hand in hand.

This very complex issue deserves careful, in-depth consideration. I would like to reiterate that the NDP supports careful consideration of updated copyright rules. That is also why I would like to make the House aware of the many problems with this bill.

My first concern is about digital locks and consumers. Digital locks force consumers to pay for access to works for a limited time.

Michael Geist, a leading technology pundit, told the committee that:

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 means that fair use rights and the new rights set out in Bill C-11 will cease to apply if the copyright holder decides to place a digital lock on content or on a device.

Digital locks do not take into consideration existing rights including the fair dealing rights of students and journalists. I think that the bill's inflexibility when it comes to students is very worrying.

Indeed, I find it draconian that distance education students will be forced to destroy their course notes one month after their course has ended. When a person takes a course, he should be able to keep his notes so that he can use or consult them at a later stage. That is what learning is about: the person keeps what he has learned. It is completely unfair and inequitable, especially since the cost of education continues to rise.

Moreover, vested Charter rights—for example a change of format in the case of a visual disability—may be denied, which would jeopardize the balance between respecting the rights of artists and the right to fair access to content for all Canadians. In my opinion, this constitutes a voluntary exclusion of certain people who should have a universal right to use and discover these works.

It is therefore believe it is essential that we consider these repercussions, which divide the public by restricting access to information for some and not for others.

I am also concerned about the fact that consumers do not have access to content they have already paid for if they exceed the time limit for which they have access to these creations. This will give copyright owners unprecedented powers.

My second concern has to do with legislative measures proposed under the bill. In fact, the bill creates new anti-circumvention rights, which prevent access to copyrighted works. Individuals or organizations that are found guilty of having accessed content without paying for it will be subject to large fines.

My third concern has to do with financial matters. Digital locks enable content owners to charge a fee; however, a distinction needs to be made. These owners are not necessarily the creators or developers of the content, which means that the money collected does not necessarily end up in the hands of the artists or authors.

In its present form, then, this bill deprives artists and content creators of millions of dollars in income, and redistributes it to the copyright owners, which are often big corporations such as record companies and movie studios.

As a result, this bill serves to secure higher incomes, not necessarily for artists and content creators, but for copyright owners. In my riding, a number of artists’ associations are concerned about this vision.

When it comes to creators’ rights, the artists—the ones who are really responsible for these works—will be faced with another problem. This bill contains provisions that would change mechanical rights for musicians, which will result in a loss of $21 million for music creators, who already have very low incomes.

We should help them to continue enriching our lives. This bill would also weaken the moral rights that provide them with some control over their creations and content.

As a result of its consultations with the industry, consumers, creators in Quebec and anglophone creators, the NDP brought forward 17 amendments in committee in order to strike a balance between the rights of creators and the rights of consumers. Unfortunately, this government is too stubborn to listen to anyone other than its Conservative friends, and it rejected all our amendments.

A number of eminent researchers and groups support our position and share our concerns. Over 80 arts and culture organizations across Quebec and nationwide argue that this bill would be “toxic to Canada’s digital economy”.

“These organizations caution that, if the government does not amend the copyright modernization act to provide for adequate compensation for the owners of Canadian content, it will lead to a decline in the production of Canadian content and the distribution of that content in Canada and abroad.”

The NDP is trying to strike a balance between all the interests of the stakeholders involved in and affected by this issue. In its present form, I do not think that this bill meets that need. It is important for creators to have the means to create and that they be compensated for their work. It is also important for consumers to have fair access that does not create inequalities.

This bill risks creating more problems than it solves, both from a legal and a financial perspective. I will be happy to continue to work with the committee members and the many witnesses.

We will work in committee to try to change this bill when we form the government in 2015.