Like Kyoto? Oh my God.
Evidence of meeting #14 for Canadian Heritage in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was copyright.
A recording is available from Parliament.
Evidence of meeting #14 for Canadian Heritage in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was copyright.
A recording is available from Parliament.
4:20 p.m.
Director, Copyright Policy Branch, Department of Canadian Heritage
No, we have been consulting on these issues for many years. We have our own legislation with its own rights and protection and exceptions. As I said, we have been looking at all legislation and any court cases that have been rendered around the world. It's in light of all this research and all these proposals that this government will be able to take a final call on this.
4:20 p.m.
NDP
Charlie Angus NDP Timmins—James Bay, ON
But if we take further steps on WIPO, have we checked to make sure we're not putting ourselves at a competitive disadvantage against our major competitors like the U.K. or anybody in the EU?
4:20 p.m.
Director, Copyright Policy Branch, Department of Canadian Heritage
It has certainly been taken into account.
4:20 p.m.
NDP
Charlie Angus NDP Timmins—James Bay, ON
I'd like to ask you about the blank copying levy for a minute. As someone who survived on copyright royalties for many years, I've always thought this was a very progressive step that Canada had taken. I understand that some of the large record industry representatives are now down on the blank copying levy, even though it's a guaranteed form of providing remuneration to artists.
Again, looking at the United States, where we've seen copyright laws being used to sue 12-year-old kids in the schoolyard who trade Alanis Morissette CDs, I'm wondering, is there a push within your department to remove the blank copying levy? That would mitigate any damages that would be used against a large label if they were suing kids.
So my question is, are we going to stand firm and insist that the blank copying levy remains intact, will it be added to, or will it be cut ?
4:20 p.m.
Director, Copyright Policy Branch, Department of Canadian Heritage
At this point, there has been no decision to repeal the home copying regime.
4:20 p.m.
NDP
4:20 p.m.
Director, Copyright Policy Branch, Department of Canadian Heritage
In the previous documents put forward--this report, the status report, and the interim report--there were some discussions about the home copying regime. So it has been discussed and looked at by the previous government. We have had many meetings with stakeholders on this, but this government has not made a call to repeal the home copying regime.
4:20 p.m.
NDP
Charlie Angus NDP Timmins—James Bay, ON
Have there been any moves within the department to clarify fair use? Will there be a specific clause on fair use? Have you looked at the issues facing education authorities, above and beyond what was talked about in Bill C-60? There were still major issues and problems raised by the education community. So how are you going to define fair use in this new bill?
4:20 p.m.
Director, Copyright Policy Branch, Department of Canadian Heritage
There has been no decision on this. That's the only thing I can say at this point.
4:20 p.m.
Conservative
4:20 p.m.
Bloc
Maka Kotto Bloc Saint-Lambert, QC
Thank you, Mr. Chairman.
Welcome back to our committee.
I am going to start off with a philosophical question. I do not know whether there is room for philosophy in the world of law, but I will go ahead nonetheless, it might prove enlightening.
Do you believe thought to be of value? Are works of the mind of material worth?
4:25 p.m.
Director, Copyright Policy Branch, Department of Canadian Heritage
Allow me, in turn, to answer philosophically. I believe thought to be of great value, but copyright law does not protect thought in itself. It is the expression of thoughts and ideas that is protected by copyright, so unless an author or artist records his thoughts and ideas, they are not protected by the Copyright Act.
4:25 p.m.
Bloc
4:25 p.m.
Director, Copyright Policy Branch, Department of Canadian Heritage
Exactly.
4:25 p.m.
Bloc
Maka Kotto Bloc Saint-Lambert, QC
Were the status quo to be maintained, what would you say to the thousands of writers — bearing in mind that, in Quebec, only 9 per cent of authors are able to live off their royalties — who see their work being endlessly photocopied or reproduced on the Internet? This is one of the matters that we had to address last year when we began studying Bill C-60.
What would you say to these people?
4:25 p.m.
Director, Copyright Policy Branch, Department of Canadian Heritage
Firstly, Mr. Kotto, it should be pointed out that digital reproduction is already covered by the Copyright Act. Writers already enjoy reproduction and communication rights, which allow them to maintain control over their works.
Nonetheless, we are all in agreement that there is room for improvement and that the Act requires updating. With regard to the issues that we are studying, specifically, the implementation of the two WIPO treaties, my colleague referred to technical tools, such as digital locks, which offer authors better control over how their work is used in a digital environment. That is an example of the type of extra protection that we are currently studying.
There is also the whole question of the rights management regime that applies when an author chooses to identify themself as the rights holder and set down the terms and conditions applicable to the use of their work. New methods of protection are being developed on this front and will be included in the next update of the Act. Their aim is to ensure better rights management in digital environments by preventing people from tampering with notices warning against copyright infringement.
4:25 p.m.
Bloc
Maka Kotto Bloc Saint-Lambert, QC
We have been talking about challenges, which brings me to something that I wish to see happen, although I am perhaps getting a little ahead of myself. I was thinking about the number of member States that would have to sign the Cultural Diversity Convention for it to be implemented, as is hoped, in early October 2007. If it were to go ahead, would it be problematic that Canada is lagging behind in the field of copyright, in spite of having signed two treaties in 1996.
4:25 p.m.
Director, Copyright Policy Branch, Department of Canadian Heritage
If you are asking me for a legal opinion, I am unable to answer your question. Obviously, article 20 is the key article of the Cultural Diversity Convention. It deals with the relationship to other international treaties. Obviously, were the requisite support level for implementation to be achieved, this Convention would have to be considered in the context of the two international WIPO treaties.
4:25 p.m.
Bloc
Maka Kotto Bloc Saint-Lambert, QC
Let us turn back to Mr. Angus's earlier question. He asked whether there was a bill in the works and, if so, when it would be ready and what form it would take.
Were the convention to be implemented in the near future, would the introduction of a copyright bill become a matter of urgency?
4:30 p.m.
Director, Copyright Policy Branch, Department of Canadian Heritage
I believe that Ms. Oda, our minister, has already said that this bill is a priority for her. She has already announced that she wants to act as quickly as possible to ensure that our Act complies with our international obligations.
