Bill C-32 (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

[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.

[Gord Brown, Conservative, Leeds—Grenville, ON]

Mr. Speaker, I listened very closely to the hon. member's presentation on the bill.

We all know that the government had serious consultations across the country on this bill over the last couple of years. This is the same bill that was Bill C-32 in the last Parliament. I happened to have been the chair of the special legislative committee that looked at the bill and heard from well over 100 witnesses from 75 different groups.

We heard time and time again that Canada was seen as an outlaw. Canada had become a haven, an enabler, for pirates to steal intellectual property. Investments have not been made in our country in terms of businesses that want to have protection for intellectual property.

Would the hon. member support getting this bill to committee, so that once again we could hear those facts and stop Canada from being a haven for outlaws and pirates that steal intellectual property, so that investments in the Canadian economy can be made?

[Manon Perreault, NDP, Montcalm, QC]

Mr. Speaker, it is difficult to try and understand an ill-conceived bill that does not really fix the problems in the current law. The Canadian government wants to reintroduce former Bill C-32 in the hopes of modernizing the Copyright Act. After listening to many expert witnesses speak on this topic in 2009 and after consultations, this government chose to table a catch-all bill.

It is true that Canada needs new copyright legislation, but this one is confusing. It contains too many major problems and, in certain cases, creates problems where there were none before. The government has managed to alienate intellectual property expert Michael Geist, the cultural industries, the Writers Guild of Canada and SOCAN, the Society of Composers, Authors and Music Publishers of Canada, to name just a few.

Reforming copyright law in Canada is not simple. It is quite complex. I greatly fear that the government's proposal is not the right solution. On one hand, the government is allowing for fair use for educational purposes, but on the other hand, it is imposing strict rules with regard to digital locks, allowing them to supersede all other rights guaranteed under the Canadian Charter of Rights and Freedoms. The Writers Guild of Canada has been very clear about digital locks: adding a digital lock effectively blocks the creators' current source of income and denies consumers the same rights they are guaranteed in other clauses of the bill.

The United States adopted similar legislation 10 years ago, and we have already seen the major shortcomings of such legislation in recent years. Their bill has reduced fair access to electronic resources, limited individual freedom of expression, legislated contradictory terms, resulted in unending and expensive legal battles against the public and has hindered innovation. Why is this government proposing a bill based on that same model? Canada should be a leader in copyright law instead of repeating the mistakes of its neighbours. Canada has to move forward and show leadership in this area, especially given the astonishing number of artists here who are brimming with talent.

The Minister of Industry and Minister of State for Agriculture announced that Canadians would soon have modern copyright laws that protect and help create jobs, promote innovation and attract new investment. However, quite the opposite seems to be true. Over 80 arts and culture organizations believe that Bill C-11 will be bad for Canada's digital economy. Howard Knopf, a lawyer who specializes in copyright, raises an important question. He says that this bill does not encourage innovation and that, in fact, it inhibits it. He wonders how making it illegal to bypass a regional code in order to watch a legally imported Bollywood DVD that is not available in Canada is going to encourage innovation.

The bill could seriously affect artists' incomes, even though they are already underpaid. A Conference Board of Canada report found that the cultural sector generated approximately $25 billion in tax revenue in 2007. That is more than three times higher than the $7.9 billion that was invested in culture by all levels of government in 2007. We must also consider that the average salary of an artist in Canada is $12,900 a year, which is a pittance. This bill will deprive artists of million of dollars in revenue and jeopardize their market share.

Canada can be proud of its artists and creators. Why does this government want to penalize them? Does the government think that, with this bill, it can download additional costs onto artists, who are already underpaid? How does the government expect to create new jobs like this? It would definitely be more effective to examine the issue of job creation separately rather than trying to pass this incoherent bill off as a job creation strategy.

The Canadian Association of University Teachers was clear: this bill needs to be amended. The NDP is proposing that we delete the clauses that criminalize the removal of digital locks for personal, non-commercial purposes. This would easily allow people who have a print disability to change the format of electronic resources so they can access them.

What worries me is the impact that this bill would have on people with a print disability, which includes those with learning disabilities and those who are visually impaired. The accessibility of resources is clearly not a priority for this government. It is important to remember that, last year, the Federal Court ordered the government to make its websites accessible to people with visual impairments. The court gave them 15 months to fix the problem and we note that the government has only three months left. This is an example of the lack of consideration that this government has shown with respect to the accessibility of resources. The hon. members will understand my concern about the plans for digital locks.

What also concerns me is that the government held consultations on the accessibility of library resources. For three years, the government consulted experts on the issue and listened to people with print disabilities describe their experience in trying to access resources.

I have the clear impression that the government did not listen to anything they said. This bill may actually create obstacles for people with a print disability in accessing resources. We have to protect artists' and authors' creations but we also have to be careful not to create problems for people with visual impairments. We must strike a balance; such a thing is possible. Unfortunately, the government did not do the research it should have when drafting this bill. It would be preferable to consider any amendments that could improve the legislation and make it better reflect what is at stake for Canadians.

Right now, Bill C-11 could have a number of unintended consequences, which is why it is important to consider amendments to improve the Copyright Act. One possible effect of the bill would be to increase the current levies on cassettes, DVDs and CDs, for example.

The bill could also create grey areas that would be difficult to manage and would require an endless, complex and inefficient list of exceptions. For example, the bill allows users to record television shows to watch them later but does not allow them to create a library of recorded content. What is the difference? How do we know whether two or three recorded episodes of a television show constitute a library or not?

Furthermore, is it illegal to transfer the music that we listen to on a CD player to a computer in order to listen to it on an MP3 player? According to this bill, the answer seems to be yes. However, according to the Conservatives, we do not have to worry because it is highly unlikely that the artist will sue us.

This bill creates all manner of difficult situations where judges will have a very hard time giving a ruling. This bill does not tackle the real problems faced by today's artists and consumers. In fact, it runs the risk of making things even more complicated.

I am asking this government to take our objections to this bill very seriously. I am asking the government to work with copyright experts who have identified serious problems with the law and to improve their proposals for modernizing the Copyright Act by taking into consideration users, artists and persons with a print disability.

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, copyright modernization has been needed for a long time, especially to introduce the principles contained in the World Intellectual Property Organization treaties, which the Canadian government signed on December 22, 1997.

Since the comprehensive revision of the Copyright Act in 1997, the act has not been substantially amended because of the inability of previous governments, both Liberal and Conservative, to introduce a bill that would balance the interests of creators, the industry and consumers. Bill C-11, and its predecessor in the last Parliament, Bill C-32, are along the same lines. The government is continuing to stress access to creative content without providing adequate compensation for the authors.

The Conservatives took a stand from the beginning. They are firmly on the side of large content owners in the United States: the movie studios, record labels and video game developers. Unfortunately, consumers and creators will pay the price. Allow me to speak for a while about creators.

The Copyright Act is the legal foundation that ensures that creations can be reproduced, presented and communicated to the public while guaranteeing proper compensation for their creators. To weaken copyright by increasing the exceptions that allow people to use creations without authorization or any financial compensation is tantamount to preventing creators from earning a living from their trade. It also does away with collectives. To weaken copyright jeopardizes cultural industries by cutting off their supply of creations and by preventing them from developing markets that meet the needs of consumers while protecting their investments.

Bill C-11 introduces dozens of exceptions to copyright, including an exception for broadcasting and one for private copying. These exceptions give individuals and companies the right to use creations without compensating the creators. According to the Canadian Conference of the Arts, the ream of new exceptions introduced by Bill C-11 will deprive creators of over $126 million a year. The Union des artistes du Québec estimates that the cumulative effect of the exceptions will decrease creators' income by 70%.

We know that the arts and culture sector is an important economic sector. According to the Canadian Conference of the Arts, it generates spinoffs of over $46 billion and provides work for over 600,000 people in Canada. However, without creators, the arts and culture sector would not exist. Nevertheless, the government insists on strangling creators by increasing the exceptions and failing to propose any measures that would compensate them for the resulting loss of revenue. This will have a huge impact on creators' ability to survive.

It is appalling to see that artists and creators receive only a small portion of the $46 billion generated by their work. Artists in Quebec are the best paid in Canada. Yet, with an average income of $24,600, they make 25% less than the average income of the total labour force. Their income dropped by 11% in the past 15 years, and now the Conservative government wants to impose its unfair copyright reform on them, which would deprive them of tens of millions if not hundreds of millions of dollars a year.

Meanwhile, despite the recession, commercial radio stations reported a pre-tax profit of 21% in 2009. They spent only $21 million on acquiring reproduction rights, which is less than 1.4% of their $1.5 billion in revenues.

Businesses have a right to earn a profit. However, creators also have a right to make a living from their work, and we must create a more balanced copyright regime.

If exceptions to the copyright principle are introduced, we must find another way to compensate creators. For example, some groups in the cultural sector have proposed extending the private copying exception to include digital audio recorders.

Instead of considering this proposal, the Conservatives preferred to stick to demagoguery. For example, they talked about a so-called iPod tax, when there is already a similar levy on traditional recording media. Furthermore, they were the ones who propose to increase the existing levies on cassettes, CDs and DVDs.

The problem with Bill C-11 is that it shows, once again, the Conservative government's contempt for artists and creators. This bill joins a long list of initiatives that weaken the arts and culture sector.

For example, I remind members of the cancellation in 2008 of the Trade Routes and PromArt cultural promotion programs; the Conservatives' refusal to double funding for the Canada Council for the Arts; their attack on the CBC, an important catalyst for our culture and our identity; cuts to the museum assistance program; and Bill C-10, which would allow them to censor films deemed contrary to public safety.

Next to creators, consumers are probably the biggest losers in this bill. By giving unprecedented powers to major multinational rights owners, Bill C-11 will result in a situation where digital locks will practically trump all other rights, including fair dealing for students.

Bill C-11 could mean that consumers, for example, would no longer have access to content they have paid for. In one example provided to us, distance-learning students would have to destroy their class notes within 30 days of the course's end in order to comply with provisions in Bill C-11. That is completely absurd, especially given that these provisions are subject to fines of more than $1 million and five-year prison terms. The NDP believes that Bill C-11 needs to be recalibrated to take consumers' rights into consideration.

To conclude, I should point out that this bill does contain some positive elements. Artists, creators and cultural workers in general are pleased with the amendments to distribution rights, performers' moral and reproduction rights, the longer duration of protection for musical works and the recognition of photographers' rights.

Nevertheless, Bill C-11 is unbalanced because it clearly favours the corporate sector. It needs significant amendments to meet the needs of consumers and creators as well. We hope that the government will listen to the artistic community, which is opposed to Bill C-11.

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, it is an honour to rise this evening to speak to Bill C-11.

There is no question that Canada's Copyright Act is in dire need of an overhaul to reflect and to serve the needs and realities of artists, creators, rights holders and consumers in the 21st century. However, on too many counts Bill C-11 fails to meet the task at hand and for every problem that it attempts to fix, new problems are created.

We in the NDP and Canadians across the country have serious concerns about the bill in its present state, and we look forward to working constructively with the government to amend elements of the bill to address concerns that Canadian stakeholders have.

As we know, the bill was introduced in the last Parliament exactly in the state it appears before us today. This is not the first time the government has done this in the 41st Parliament. Indeed, since the election in May, it has introduced several bills that have been virtually word for word the same as the bills it put forward in previous Parliaments.

It is a bit early in the mandate of a government to show inertia, but from the recycling of bills, the omnibus crime bill, the ending of the long gun registry and the recycling of Bill C-11, this is a government that has begun to run out of ideas already. By limiting debate and railroading committees, the Conservatives have shown that they do not have any ideas themselves, and they sure are not interested in the ideas of Canadians who want to speak to the bill.

Notwithstanding the fact that the legislative committee looking at Bill C-32, as it was called in the 40th Parliament, met with over 100 witnesses who all spoke about the many serious problems that existed in the legislation, the legislation has not changed. What is more, we hear that the government is not interested in any more input from Canadians on the substance of the bill, and that is too bad. The government is missing an important and historic opportunity to craft a made in Canada copyright act that would stimulate innovation in digital industries and that would truly protect artists, other content creators and rights holders and at the same time balance the needs of consumers.

While the government does not seem interested any longer in what Canadians have to say about copyright, it certainly cares about the big boys in Hollywood and New York who want Canada to toe the line, and a deeply flawed line it is, that creative industries and consumers toe south of the border. The government's anti-circumvention position as it pertains to technological prevention measures, TPMs or digital locks, is a case in point.

I understand that if someone makes available thousands upon thousands of songs, movies, or pieces of software and is profiting from that activity, that person is clearly infringing on copyright for commercial purposes. Pirated DVDs sold on street markets or making semi-conductors specifically to allow gamers to hack their gaming platform to play pirated software are other examples. Someone is making money off of the blood, sweat, tears and creativity of artists and entrepreneurs, but the creators are not getting paid, and that goes beyond the regular practices of consumers to share and enjoy content.

However, much of the scare-mongering from major record labels and film studios unfortunately has tried to conflate the practices I have just described as the common practices of music and movie fans. This has led to the bizarre circumstances that we all know of, such as grandmothers being sued for downloading some tunes on the Internet.

The Conservatives could have crafted a Canadian-made solution to this very complex set of circumstances. Instead they caved to their U.S. buddies again. On the one hand, Bill C-11 finally recognizes common consumer practices which should be for the benefit of consumers and creators, such as time shifting, recording TV for later viewing, format shifting, as well as parody, satire and education as fair-dealing exceptions. On the other hand, all of this is moot if there is a digital lock on the content since that measure in the anti-circumvention measure that is attached to it supersedes all else.

What Canadian consumers win with one hand, they lose with the other. If there is a digital lock on a CD, they will not be able to make a back-up copy. If there is a digital lock on an e-book, they cannot change its format for use on a different type of e-reader. If there is a digital lock on a DVD, journalists will not be able to use part of it under the fair-dealing rights. It does not make sense that digital locks could supersede other rights that are guaranteed in the very same piece of legislation.

What is worse, not only do digital locks prevent Canadians from fully enjoying materials that they have legally purchased, they are also backed by incredibly unreasonable punitive damages with fines of up to $1 million and five years in jail for doing something that, if it were not for the presence of the digital lock, would be entirely acceptable. It is beyond logic.

While we in the NDP have an issue with the practice of suing fans and suing consumers, I would like to point out that it is only the very large multinational media outlets that could avail themselves of this kind of protection anyway. For example, members of the Canadian Independent Music Association as a block represent 24% of all music sales in Canada, which is larger than EMI and Warner music sales combined and greater than Sony music sales. This organization is made up of Canadian-owned companies, mostly small- and medium-size businesses which include record producers, labels, publishers, recording studios, managers, agents, and so on. In other words, they are the heart, soul and bones of the English language Canadian music business.

Few, if any, of the member organizations could pursue those who under C-11 infringe copyright through the courts. It would be cost prohibitive for them. While executives at the big multinationals slap themselves on the back at how compliant the government has been with C-11, the bill really does not help the independent music industry. It does not help the small businesses. It does not help the small entrepreneurs.

There is no question the music industry has gone through a very difficult time over the last 15 years. Therefore, it is all the more pressing that we craft copyright legislation that addresses the profound need to invest in new business models and innovation in the Canadian cultural industries. Instead, C-11 takes tens of millions of dollars out of the hands of artists annually by waiving the so-called broadcast mechanical tariff and by playing politics with the blank copying levy.

Prior to my election to this place in May 2011, I derived my primary income in the arts and culture sector as a musician, a songwriter, a producer, a composer, and a journalist. I can tell the House that it is a very difficult way to make a living and raise a family. Most in that profession work terribly long hours for many years and most barely earn a dollar. Having been lucky enough to make my living in the arts, I can say it is potentially a good way to get rich, but a lousy way to make a living.

With the arrival of the digital era many believed this would herald a new day for artists, a dawning of a middle class where it was not always a feast or a famine, where new revenue streams and business models would raise the average income for Canadian artists from below the poverty line to something resembling a decent living. That is what we should be striving for always. I think it is fair to say that that dream has largely gone unfulfilled. Writers still make more money slinging burgers than they do from their work. The average annual income of Canadian artists is under $13,000.

It is important to remember that the spokespeople for the multinational music and movie businesses are not speaking for artists. They are speaking for their shareholders. Prior to the digital revolution, prior to Napster, BitTorrent sites and Netflix, artists were still struggling. Not a lot has changed for artists.

Let us be clear. Artists have always done most of the work and received the smallest share of the return. It was the same before the digital revolution and it is the same now. That is too bad, and Bill C-11 only makes the situation worse.

We know that Canadians support the arts and are willing to pay for it, but this bill wipes out $20 million in annual revenue that goes directly to artists and rights holders by eliminating the broadcast mechanical tariff. Surely in the hundreds of witness testimonies on Bill C-32 the government heard that this would be detrimental to artists and rights holders. Again, the government is very in touch with the business interests of private broadcasters and big Hollywood film studios, but it is out of touch with Canadian artists and their audience, the Canadian public, who supports them.

Bill C-11 could have set an innovative and exciting course for Canada's cultural industries and workers, the artists who create the content, as well as Canadian consumers.

In its current state, Bill C-11 would fall far short of moving Canada forward into the 21st century. However, we look forward to working with the government on constructive amendments to fix the bill.

[Jean-François Fortin, Bloc, Haute-Gaspésie—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, I have the honour to speak today to defend creators.

The massive use of new recording and copying technologies has caused major upheaval in the cultural sector. For years now, in sectors such as literature and the medical industry, for example, or even the gaming and software sectors, artists have been posting major losses in revenue, essentially because of piracy and illegal downloads.

Instead of lending an ear to the creators who make up the true foundation of Quebec's cultural industry, the government has chosen, once again, to try to impose a plan that will further reduce creators' revenues and benefit big corporations.

Quebec is unanimous in its opposition to the bill. Quebec's creators have condemned Bill C-32 and Bill C-11 with all their might, underscoring the inconsistency of Ottawa's position: “We recognize that music is worth something when it is copied to a CD, but it is worth nothing when it is copied to a digital audio recorder”. Quebec's cultural industry and its artists are against Bill C-11.

Stakeholders have called for such essential provisions as the imposition of royalties on Internet service providers, in order to compensate for the losses caused by illegal downloading, but those calls remain unanswered to this day. Yet people across Quebec are speaking in support of creators.

Only 8% of music revenues are given to copyright holders in the music sector, while Internet service providers keep 83%. Since cultural products are attractive to Internet service providers and represent a huge portion of their inventory, it is only fair that artists get a share of the revenues generated from distributing their works on the Internet.

The National Assembly has unanimously rejected the government's bill and called for substantial amendments. Organizations that are well aware of the consequences of adopting the provisions currently on the table, such as the Barreau du Québec and the Union des consommateurs, have protested in similar fashion. Even the Fédération des commissions scolaires du Québec finds that the damage caused to the creation industry outweighs the benefits the Conservative bill promises to provide to the education sector.

The Bloc Québécois believes that we must modernize the private copying system by taking into account the reality facing creators and other artists, so that they can receive fair compensation for their work. We must maintain the contributions coming from educational uses, as well as the royalties paid by broadcasters for ephemeral recording. Artists and other creators need this income. Without legitimate compensation, Quebec's creation industry itself is in jeopardy in the medium term.

By introducing a new copyright bill—which is a carbon copy of Bill C-32, a bill categorically rejected by creators—the Conservatives are once again showing their contempt for the vitality of Quebec culture. The Conservatives' bill forgets a fundamental principle: artists need an income to survive and to continue to create.

It is clear that this bill will make our artists poorer and will benefit big corporations. The Conservatives did not listen to any of the legitimate criticisms and are proposing amendments that would significantly benefit the software, gaming, film and broadcasting industries, at the expense of our artists' rights.

The Fédération des commissions scolaires du Québec said:

Accepting the principle that access to copyrighted works is synonymous with offering them free of charge would negate the importance of authors' contribution to our children's education, and weaken the school publishing sector.

The Union des artistes said:

The bill...does away with private copying and completely strips Internet service providers of any responsibility, when they already profit from cultural content free of charge. It exempts the education sector from paying copyright and kills reproduction rights.

To sum up, what are artists asking for? First of all, they want the government to implement a system of royalties on sales of digital audio players to compensate artists for their copyright. They also want legislation to prohibit illegal downloading of artistic creations, to amend the bill to ensure that educational institutions continue to pay copyright fees, to amend the bill to remove the YouTube exception, and to not limit pre-established damages. Artists also want to receive compensation that represents a fair percentage of the profits of Internet service providers, and to be able to distribute musical creations in exchange for compensation, rather than having them trapped behind a digital lock.

The Bloc Québécois would like to reiterate four important principles. First of all, it is not free. Artistic creations are not free. Creators, artists and artisans have created them and they deserve to be paid for their work, just as everyone else is paid for the work they do. We must encourage creation in all of its forms and ensure that artists are paid, that Internet service providers are assuming their responsibilities and that consumers can make copies for their personal use.

Second, we must support dissemination. Consumers must be able to take advantage of the increased accessibility provided by new technologies and artists must be able to take advantage of all these dissemination platforms. We must therefore promote the dissemination of artistic works on all existing platforms. Through its subsidy programs, the government must support dissemination via new media without negatively affecting conventional media, which are often where new works appear in the first place.

The third principle relates to increasing public awareness about the value of artistic creations. In order to protect against illegal copying, it is the government's duty to launch a public information campaign, targeted at youth in particular, to raise awareness about respecting artistic works and to explain that the law protects copyright.

The Bloc Québécois' fourth principle relates to cracking down on piracy. The new copyright legislation must also address illegal copies made by people for commercial purposes. The law should come down hard on professional pirates and known repeat offenders.

In short, the Bloc Québécois and artists want a bill that protects artists' copyright and pays them for their work. Helping our artists is another way we express our culture and the concept of our Quebec nation.

That is why the Bloc Québécois cannot support the bill in its present form.

[Megan Leslie, NDP, Halifax, NS]

Madam Speaker, as we know, copyright is a complicated issue and features competing demands from different stakeholders. We have artistic, academic, business, technology and consumer rights that we need to balance.

I am pleased to speak to this bill because just a few years ago I did not actually know very much about copyright. I was invited to participate in a panel discussion and a movie viewing. I was invited by some Dalhousie law students and some Nova Scotia College of Art and Design, or NSCAD, students, law students and art students working together to shed some light on the issue of copyright.

They had a screening of RiP, a remix manifesto, which is a great Canadian documentary featuring the artist Girl Talk. Girl Talk does a lot of work doing mash-ups, putting different songs together to create a completely new song. There is a big question around whether Girl Talk actually violates copyright law. I threatened to do a mash-up in the House today but I will leave that to Girl Talk.

However, I thank the students at Dalhousie and NSCAD for holding that panel because it enlightened me on the issue of copyright and made me realize how important an issue it is to the riding of Halifax, as well as across Canada.

This bill, as we know, was brought forward in the last Parliament as Bill C-32. Despite a lot of feedback from stakeholders and community organizations that the bill did not strike the right balance, it has been reintroduced and it is exactly the same bill as before. The NDP believes that copyright legislation needs to be modernized and that it is long overdue, but this bill has a lot of errors, some glaring omissions and, in certain cases, it actually creates problems where none existed before. The NDP will work to try to amend this bill to ensure it reflects the best interests of Canadians.

The NDP believes that copyright laws in Canada can balance the rights of creators and their right to be fairly compensated for their work, and the right of consumers to have reasonable access to copyrighted materials. We will look for all possible amendments. This is what committee is for. It is to bring people forward, talk about what the solutions are and to look at amendments. We will look at all possible amendments to the bill that will create a fair royalty system for creators because, as it stands, this bill would wipe away millions of dollars in revenues for artists.

As I mentioned, the constituents of Halifax have a lot at stake with this bill. First, there is a very high student population in Halifax. Students are the creators and owners of copyrighted material in their articles, essays and works of art, but, at the same time, they are also consumers. In order to study and learn, students need access to the copyrighted works of others.

I met with the Canadian Federation of Students and it pointed out that this three part perspective of use, creation and ownership of copyright gives students special credibility when it comes to the struggle for fair and balanced copyright law. I met with CFS representatives and they have reinforced to me how much any copyright reform needs to strike that balance. It needs to be fair and balanced.

With so many students in my riding, it follows that we have libraries. We have law libraries, medical libraries, archives, university and college libraries and public libraries. I have met with many librarians and they have told me that they need balance. If we are looking at this issue, no matter where in Nova Scotia or Canada we are, balance is needed. Most of the librarians I have spoken to have pointed out the fact that this legislation does not get the balance right, especially when it comes to digital locks.

As we have heard in the House, the bill would create powerful new anti-circumvention rights for content owners. I want to take a second to point out that I said “content owners”. That does not necessarily mean creators or artists. It means owners. Often the owners are not the creators or the artists themselves.

The rights for owners prevent access to copyrighted works and they can be backed with fines of up to $1 million and five years in jail. That would create a situation where digital locks could actually supersede all other rights, including charter rights. If we look at people being able to modify the way they can see material because they have a visual impairment, that penalty would impact someone who has an actual charter right to view this material, which is not what anyone would intend to happen.

What does this mean? It means there is a very real danger for consumers that they could be prohibited from using content that they have already paid for. Sometimes the format just needs to be changed. It has already been paid for. There should not be anything wrong with that.

The legislation is really important to people in Halifax because my community is rich with artists and creators. We are home to movie and television studios. We have video game developers, song writers and playwrights, authors, designers, sculptors and dancers. It is really incredible to think that there could be that much talent in one small city, but we are a hub of creativity and innovation.

In being elected by those people, I have been sent to the House to protect their rights, to protect their ownership interests in their creations and to stand up for fair compensation for their work. We will bring forward all possible amendments to the bill to create a fair royalty system for artists because, as the bill stands now, it would wipe away millions of dollars in potential revenue for artists.

The bill would grant a range of new access privileges but it would not increase opportunities for remuneration for artists. This new playing field would profoundly affect the ability of artists to survive, something that all of us have seen first-hand in our ridings. Artists and creators make our communities worth living in. They deserve access to fair compensation opportunities for their work. Without those opportunities, we risk destroying our creative communities altogether.

In the bill, there is a long and complicated list of exceptions, and I do not think it adequately recognizes creators' rights. In fact, it would create new ways for consumers to access copyrighted content. We talk about balance and we are creating new ways but at the same time we are not providing new avenues to remunerate creators for their work.

The no compromise provisions in the bill would provide sweeping powers to rights holders that would supersede all other rights. If enacted, the bill would ensure that artists could not access their work despite the fact that they own it. In the example that has been shared with me, if people are studying abroad or doing long distance education they cannot keep those materials. I would go so far as to say that it is draconian and inappropriate to ask people to destroy class notes within 30 days of the course ending. This is knowledge they have learned. They have paid for this material. It seems absurd that they would need to destroy them at the end of the course.

What are the propositions? We really need to come together at committee and hear from people who are impacted by this legislation. There is a lot of opportunity to do some very good work and modernize the bill while balancing the rights of creators and the public.

I look forward to the bill getting to committee to see what happens. I am very hopeful that the Conservatives are listening and that they will take feedback into account and work with the NDP to bring forward good, solid amendments that will benefit everyone.

[Massimo Pacetti, Liberal, Saint-Léonard—Saint-Michel, QC]

Madam Speaker, thank you for giving me the floor.

I have the honour of rising today in the House to debate Bill C-11. As we all know, the purpose of this bill is to update the Copyright Act, which has not been changed in a number of years, in order to take the new digital technologies into account. We commend the fact that the government has finally decided to address this matter and we support the efforts to update the Copyright Act if they are geared toward justice and fairness.

The government could have taken this opportunity to resolve copyright-related problems, but instead it has once again demonstrated its narrow ideology by introducing a bill that satisfies American interests more than Canadian interests.

Last year, during the study of former Bill C-32, more than 200 submissions and proposals were made in committee, and each party offered criticism to improve this bill. These submissions and proposals gave us a better idea of the needs of our authors, creators and consumers. Unfortunately, the Conservatives have once again ignored Canadians. They are so arrogant as to brag about not having made any changes, since they prefer to get their orders from Washington.

I could ask why the Conservatives are ignoring these many in-depth consultations that were held in Parliament, but we already know the answer: for the Conservatives there is no room for reason, facts and evidence. This government insists on introducing these bills despite the many voices that speak out against them every time. This bill has a significant number of deficiencies that fail to serve either users or the authors.

Let us begin with the new rights and new exceptions with regard to fair dealing, especially for the purpose of education. A number of writers and publishers are strongly opposed to these exemptions, as they fear their works will be reproduced and distributed freely to students, which will result in lost income for them and constitutes, to some extent, an expropriation of their rights.

This is particularly problematic in Quebec and various francophone communities in Canada, given that, because of demographics, there is only a small pool of potential buyers.

Of course, a number of academic institutions support education exemptions because it will mean considerable savings and they will be able to use audiovisual products more often to facilitate student learning.

Creators live off their works and should be compensated when these works are used. A balanced bill would take the needs of creators and educational institutions into account, but this bill is not balanced and in no way compensates for the losses that certain authors will face. We are also asking the government to help artists adjust to the new digital reality and for transitional funding to help artists compensate for lost revenue resulting from the abolition of ephemeral recording rights, for example.

Another provision that we find extremely worrisome concerns digital locks. Bill C-11 introduces new rules for reproducing copyright-protected works for personal use but negates those rights by making it illegal to bypass a digital lock.

Someone who buys a DVD and wants to transfer its contents to a digital tablet, such as the Canadian PlayBook or the American iPad, will not be able to do so if the DVD has a digital lock. As we all know, various electronic media are making increased use of these locks to fight piracy and theft.

Therefore, the use of purchased works will be limited and buyers will be considered criminals if they break the lock in order to copy the work for personal use. This government will punish people who have legally obtained a work by limiting the ways they can use it and making criminals of those who want to use their legitimate purchase as they wish.

However, pirates have full use of the works they obtain illegally and will be considered just as guilty as someone who breaks a digital lock. Knowing how easy it is today for Internet users to illegally download works, pirated copies may appeal more to young Canadians than copies limited by a digital lock.

For example, why would a young person want to purchase a DVD if he cannot legally use the content on other platforms, whereas he could use a pirated copy, which is easy to obtain, as he sees fit? Bill C-11 is contradictory because, on the one hand, it allows copying of copyrighted material for personal use and, on the other, it prevents users from breaking locks that prohibit copying.

The provisions of this bill concerning digital locks are among the most restrictive in the world and cancel out the new personal use rights. This will ensure that, once again, Canadian users will be the losers. We must allow digital locks to be circumvented as long as it is for lawful and personal use.

It is not just political parties who are opposed to this bill. The Union des écrivaines et des écrivains québécois, the National Assembly of Quebec, the Fédération des commissions scolaires du Québec, the Association des libraires du Québec and many other groups have all publicly raised their concerns about this bill. As usual, this government is stubbornly ignoring Canadian interests. It prefers to address American interests under the pretext that it can do as it sees fit because it has a majority.

In fact, diplomatic cables clearly show that the Conservatives want to impose these restrictive measures as a result of pressure from the Americans. Once again, the Conservatives have decided to kowtow to the United States, which may try to impose its will on Canada more and more frequently, knowing that Canada will do what it asks without any opposition. It is high time that this government understood that it was elected by Canadians, not Americans, and high time that it started standing up for our people's rights rather than for the interests of American industries.

Many artists also spoke of their desire to have a resale right added to the bill to allow them to claim the revenue that they are currently losing. The government did not take this request into account, demonstrating once again that it does not care about the real and legitimate needs of creators, unless perhaps those creators are American.

Yes, the Liberal Party supports the modernization of the Copyright Act, but not in the form in which it has been presented to us today by this government. The bill is not balanced and does not pay enough attention to the needs of creators and consumers. The Conservative Party should have taken into account the many consultations pertaining to Bill C-32, which were held during the previous Parliament, rather than reintroducing an old bill that has not been changed despite the many amendments proposed. This government must stop ignoring the interests of Canadians and start standing up for them. It must stop doing nothing and amend this bill in order to address its many shortcomings.

[Tyrone Benskin, NDP, Jeanne-Le Ber, QC]

Mr. Speaker, I thank the hon. member from Longueuil for sharing his time with me.

I rise to speak to Bill C-11. It is a complex and quite honestly dumbfounding piece of legislation. It attempts to strike a balance between the interests of consumers and stakeholders.

The need that the bill is meant to address has been lost in the haste of having legislation in place by an arbitrary date. However, it must not only answer immediate concerns but also future concerns of stakeholders. In its haste, the government is missing a golden opportunity to provide support for Canada's creators and in fact is abdicating its responsibility to them.

In this era of ever-evolving, growing and fluid digital integration of communications and entertainment, it is even more important that the bill strike a balance between the needs of Canadian consumers and their ability to access and enjoy artistic content and the undeniable rights of the creators of that content. It is imperative that a sound legal framework be established to protect the rights of creators and other stakeholders.

The works of artists can inspire, comfort, educate and on occasion help us express that which we are unable to express on our own. In addition, those works fuel the heart of a massive economic engine that drives $85 billion into the Canadian economy and provides 1.1 million jobs, yet those works still are grossly undervalued. The bill underlines that fact by putting business, consumer and user rights ahead of the rights of the creators of those works.

The nature of copyright is better expressed in the French language, “droits d'auteur”, meaning author's rights, the right of the author, the creator. That right gives artists the ability to determine how their works will be used. Sadly, this is conspicuously absent from this document, or at least is addressed minimally.

As an artist, and an advocate of the bill since its previous incarnation as Bill C-32 through to its present state, I have discussed the issue at length. When meeting with individuals and members of organizations in my constituency office as well as here in Ottawa I hear the same concern expressed. Although they agree that new copyright legislation is needed, they all ask why money is being taken out of the pockets of artists and why their needs are not being addressed.

Indeed we have entered new territory and, as with anything new, there is always adaptation required. For the first time in history the types of physical controls that copyright holders held in the past are gone. Entertainment and academic works are accessed more easily and therefore are less protected.

What protection mechanisms do artists have? There are a few cursory exemptions from prosecution or civil action for consumers and their advocates. In exchange a rather dizzy and confusing series of vague obligations are offered, one of which includes shredding their class notes. The artists and cultural communities are offered lip service with regard to the principle of equitable compensation for their creative works. They are also offered an inconsistent and frankly scary approach toward the protection of those works as well as compensation for them.

In its present form, Bill C-11 is an unequivocal failure. It outright fails to satisfy the two most important benchmarks we as parliamentarians use for evaluation. It fails to establish clear, universally understood rules for consumers. It also fails to ensure equitable enforceable compensation rules for those people who dedicate their lives to the creative enterprise.

Many of my colleagues have remarked on the many practical problems of this law, some of which we in the official opposition are committed to remedy through good faith dialogue at committee stage. I hope my colleagues across the way will work with us on this approach with purpose and in the spirit of openness.

After a long career in the arts, I came to Parliament as a voice for those artists and a voice for the constituents in my riding who are artists. From my perspective, this law's greatest weakness is its complete failure to extend or acknowledge the vital and current compensation framework upon which so many artists, writers, musicians and creators depend for their livelihood.

During the 2008 federal election, the Prime Minister made his feelings with regard to artists clear. We took exception to that, particularly in my home province of Quebec. The bill does little to show any change of heart regarding the Prime Minister's view. The images provoked by his words are misleading and undermine the artistic community, which contributes far more to this country than it receives.

Typically, today's Canadian artists continue to focus on their creative works more than where their next meal will come from. The typical artists in this country have a median income of under $13,000, yet the government sees fit to take $30 million a year out of their pockets.

That party's characteristic cynicism, for which it grows ever more famous, shows the value the members of the government have for artists.

I look at the discussion regarding digital access as a reminder of the Wild West days when our forefathers came to this country and were given pieces of sticks and told to go out and stake their claims. For some reason, many people feel that the Internet offers that same opportunity. However, like our forefathers who staked their claims, there are people who own the rights to works of art found on this worldwide entity called the Internet.

The Internet is a tool. It is a medium through which we can access all sorts of information. However, if we walk down Sparks Street and the HMV doors are open, that does not give us the right to walk into HMV, put a CD in our pocket and leave. We must provide compensation, which is what the bill fails to do.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Madam Speaker, first of all I hope that my hon. colleague is going to take a hint. What we are trying to suggest here is that there are some changes required.

A minute ago and earlier today I listened to him talk about how we have listened to so many people and have received so many witnesses and so many written submissions, but what do we see in Bill C-11? Can he tell me that everything that has been suggested under the Bill C-32 legislative committee is actually being considered for the final version, or did we do a tape erase and start from zero? Are we going to go through a sham exercise that will not change a darned thing?

If he wants to talk about listening to Canadians, he has not done that yet.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Mr. Speaker, I am pleased to rise and speak to this extremely important copyright bill. When I was the science and technology critic before the last election, I had the pleasure of sitting on the committee that addressed this extremely important issue which, as we know, goes back a long way.

Canada, of course, signed on to the WIPO treaty back in the 1990s. We all know that it has been a long tortuous road with respect to modernizing our copyright bill. We in the Liberal Party attempted to do so; unfortunately, with changes in government and other things, it did not happen, so here we are today with Bill C-11.

I participated in a legislative committee before the election when the bill was known as Bill C-32. As has been pointed out many times today already, there is no change in the wording of Bill C-11 versus Bill C-32.

This is surprising to me. In reality we listened to a very large number of witnesses from many different fields. They represented what I would call the three main stakeholders: industry, the producers of video games, movies, music sets, electronic books and those kinds of things; consumers, all of us who buy these copyrighted materials; and finally the third group, the artists. There are a great many artists who are ultimately the producers of the works that we buy.

We heard from a large number of these people, and from other groups in the education field, as well as librarians, photographers and a great many people who have an interest in modernizing the copyright law.

When we finally saw Bill C-11 as it was presented just recently, we discovered, as I said, that there had been no changes whatsoever to it, yet there were some very compelling testimonies presented by the witnesses who appeared earlier this year. Personally I would have thought, and I had hoped, that the version we would be dealing with today would have had some changes put into it.

In relation to many areas that needed to be modernized under copyright, I would say this is a good bill, and the Liberal Party is ready to support those aspects. However, there are also a number of areas on which we feel the points brought up by witnesses were valid. We feel there should have been consideration given to changing it to make it a more balanced copyright bill. Unfortunately, that did not happen.

I have to say that the thought went through my mind as to whether there had been any intention to listen to any of the witnesses who had appeared. So far, on face value, I would have to say no, because nothing has actually changed between Bill C-32 and Bill C-11.

Although we will be going to committee with Bill C-11, my question is this: are we going to end up with exactly the same bill at the end of that process, or is the government really willing to actually listen to some of the inputs? That is my concern.

This morning the heritage minister said that they did not change anything in Bill C-32 when they made it Bill C-11 out of respect for all those witnesses.

Now, there are two ways to take that, and I am not quite sure what he meant. One possibility is that the Conservatives have stored up the witnesses' input and at the end of the process will make changes. The other is that they are really telling us that we will go through this charade for whatever amount of time Bill C-11 will be debated in committee and otherwise, but will end up with exactly the same bill that was presented a while ago. We therefore introduced an amendment this morning.

As I have said, there are a lot of good things in Bill C-11 that we fully support. For example, I come from a riding where there is a major video game presence. It is a large industry. Canada is a leader in this area, and I support the desire and the need to protect against piracy. That is very important for Canada. That is an example of something we support entirely.

We also have no problem with certain other things, such as some of the fair dealing provisions that would deal with parody and satire.

However, there are other areas where valid points have been brought up. The first one, of course, has to do with digital locks.

Our point of view in the Liberal Party is that if people buy a copyrighted product such as a piece of music, a video, or an electronic book, download it and pay for it legitimately, then they have bought the right to that product. If they choose to transfer it to another device, again for their personal enjoyment and for a non-infringing personal purpose, then we do not believe they should be forbidden from doing that, even if it has a digital lock on it. That is fundamental in our position. It is because those people have paid for the product, and it remains a product that they want to use for personal purposes.

The argument presented by the minister of heritage is that if it has a lock on it and the buyers intend to transfer it, they have a choice of either breaking the law or not buying the product. We do not think that is the way we should approach this particular issue of digital locks, nor do the majority of Canadians.

The second thing has to do with fair dealing and the definition of fair dealing. As members know, “fair dealing” is defined under a number of criteria in the Berne Convention. The particular issue that was probably the most contentious was bringing education under fair dealing. When that happened, we in the Liberal Party and a lot of the witnesses asked for a definition of “education” under “fair dealing”. In fact, we proposed, constructively, to codify a number of criteria established by the Supreme Court that would establish whether fair dealing had been infringed because, as members know, if people feel that fair dealing has been infringed, the onus is on them to get themselves a lawyer and say that there was an infringement of the fair dealing with respect to the use of their copyrighted material.

A number of criteria were proposed by the Supreme Court. We believe these are good criteria and that they should be codified. We made that suggestion during the hearings for Bill C-32; a lot of the suggestions were listened to and a lot of people mentioned this same idea, yet we do not find it in Bill C-11. That is something else we find very preoccupying.

Finally, there is the issue of transitional funding to help artists, particularly if we look at an example like the music industry. In relation to this industry, we recognized a number of years ago that artists should be compensated when their music is copied. As members know, we established a levy on CDs and cassettes, and for a while this gave a very good compensation. It got up to about $28 million annually. An organization responsible for sharing that money out among artists did so, and that was accepted by the artists.

Of course, CDs and tapes are not used very much today for recording musical works, so we suggested that an alternative should be put in place, and we still believe it is important to address the requirement for fair compensation for artists who produce works and whose works are copied to other media.

That is the why we proposed this reasoned amendment today. We hope that the Conservative government, as it listens to the debate here and as it goes to committee, is sincere in paying attention to what witnesses say and to all the written submissions.

[Ted Hsu, Liberal, Kingston and the Islands, ON]

Mr. Speaker, I will be sharing my time with the member for Westmount—Ville-Marie.

Copyright legislation, the issue of digital locks and Bill C-32 have accompanied me from the beginning of my political journey a couple of years ago.

I live in a riding that has a large population of post-secondary students, and when I said I was running for the nomination in the riding, many of them wanted to talk to me about Bill C-32 and the concerns they had over the digital lock provisions in that bill. These are students. These are text savvy people. Many of them are the next generation of artists and creators. The bill is important to me.

Copyright is at the heart of how our society treats creators, artists, musicians, and composers. It is very important that we recognize their contribution, that we value what they have created, and the value that it brings to our society.

My brother is one of these people. He is a musician. He is a jazz saxophonist. He teaches for a living. He plays. Sometimes he records. It matters to me a lot that our artists are treated fairly.

However, every time technology changes there is a need to modify copyright law. A very simple example of that is photocopying. When it becomes much easier to copy a book, we have to think about what that means for protecting written material. When it becomes very easy to copy music, we have to think about how to adjust our copyright laws. One thing that has happened in the past to deal with that adjustment is that a levy has been imposed on the sale of cassettes and CDs to compensate artists for the work they have done.

Now we are in an age where technology has changed again, very radically. I am sure that when I was a young person, nobody had on their desks all the things I have: a phone, a couple of computers, and so on. Technology is all around us and we can copy all sorts of digital material from one device to another.

It is very important that the legislation before us is technology neutral. Probably the best way to talk about technology as far as this legislation is concerned is just to ignore all the technology in front of us and just think about all the copies of digital materials in the cloud, on the Internet. We do not even have to think about the hardware in front of us.

It is important to have digital locks, since a lot of copyrighted material, material that is created by our artists, writers, musicians, is in the cloud, but we can improve this legislation as it pertains to digital locks.

The students I met with very early on in my political career were very quick to bring this to my attention, which is that digital locks should not trump the other rights that are being given to consumers in this legislation. Consumers should have the right to buy material and to copy it for their own use. Students should have the ability to have copies of materials so that they can learn.

A really good example of that is something my brother, the musician whom I want to get back to, related to me. I really did not appreciate it, but when he explained it to me, things suddenly became very clear. My brother says that the training, education of musicians today, as compared to, say, 20 years ago, is radically different. The reason why it is radically different is because young musicians today can listen to a lot more music than they could have 20 years ago, a lot more variations of music from around the world.

That is because of the Internet. Not only does the Internet allow a lot of different kinds of music and creative things to be brought to people, but a lot of creative people can communicate what they have created to others around the world through the Internet. This is a tool for the next generation of creators and artists and people who are creating.

This is really something special that has changed how artists, musicians and writers are being trained and educated. They are really able to immerse themselves in what is happening around them and what has been in the past as well.

I think it is very important that we take a bit of time. I hope this happens in committee, if the bill goes to committee. We must be more careful about defining fair dealing and education. I am not so sure what my brother related to me, this training of musicians which is not necessarily in schools and not necessarily in a formal setting, if that is something that would be properly considered in a definition of education.

As far as fair dealing is concerned, there are definitions that we could incorporate into the bill. The Supreme Court has made rulings about what fair dealing means in certain cases and has established certain criteria. These criteria could, I understand, be incorporated into the bill.

That is why in the recent amendment that has been brought forward by my party there are two provisions. One is to first of all uphold the rights of consumers to choose how they enjoy the content that they purchase, to avoid the overly restrictive digital lock provisions that would seem to take away the rights that are being granted consumers in this legislation, which does not make sense. The second is to take some time and write down a clear and strict test for fair dealing for education purposes.

There is a lot of controversy over this legislation. There are people for it and against it, and it is probably because, in my humble opinion, the legislation could be made clearer. Forgive me for throwing out this example, but I often find that in my experience as a scientist, if people disagree about something we should really sit down and look at the numbers and write down the equations, put everything on the table and define the terms more carefully. Often, in the field of science and research a lot of disagreements melt away when definitions are made precise and people look at actual numbers and hard data.

It makes sense to me, from my experience, that if we were to take some time and write down clear definitions of fair dealing and education in the exceptions to the copyright protections in the legislation that we could probably resolve some of the controversy around the legislation.

The third provision in the reasoned amendment is that there are certain streams of revenue that will be affected by this copyright legislation. We should take some time and think about how the streams of revenue will be affected and think about providing transitional funding for artists who adapt to the changes and the loss of some revenue streams that would be caused by the bill.

These are the reasons why the provisions in the reasoned amendment make sense to me. That is why my party and I are supporting this reasoned amendment.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, I will be sharing my time with the member for Manicouagan.

We are very pleased to see that this government wants to take action to modernize the Copyright Act. These changes are long overdue. We are open to making changes. However, we would be even more receptive if the result was a balance that would benefit all stakeholders. The problem is that, contrary to what the government is saying, there is no balance in Bill C-11, as was the case for its predecessor, Bill C-32.

This bill will have fairly significant repercussions for authors, artists and consumers. Once again, despite the fact that the government says that the bill is balanced, we see that various associations and very important organizations representing the stakeholders do not concur.

First, let us talk about authors. We believe that they stand to lose the most with Bill C-11. The majority of writers' associations were opposed to Bill C-32 and now are opposed to Bill C-11, and with good cause. I would like to talk about one organization in particular, DAMI©, which is based in Montreal. DAMI© stands for Droit d'auteur Multimédia Internet Copyright. It is the umbrella organization for 13 professional associations of artists, authors, performers and copyright collectives. DAMI© represents 50,000 cultural artisans who are members of these 13 associations. What did DAMI© have to say about Bill C-32, which, I repeat, is now Bill C-11, currently under review? It had serious misgivings about Bill C-32, especially because of the free use of works protected by about 40 exceptions, half of which are new exceptions being made with respect to the current act.

I would like to read an excerpt from the DAMI© submission on Bill C-32, which, I repeat, is very pertinent because this is the same bill now being studied as Bill C-11.

Thanks to this bill, teachers will be able to use protected works [we are obviously talking about education] in their classes without asking permission, and they will be able to reproduce their course work to broadcast it by telecommunication in the context of remote or distance teaching. They will also be able to reproduce works in their totality for the purpose of display on interactive whiteboards or computer screens. Schools will no longer have to pay royalties to record news programs for pedagogical purposes, to present films, or to perform plays, for which they will be able to reproduce the sets, costumes, and lighting designs created by professional artists. This is a total expropriation of the intellectual property rights of creators in the educational sector. It is as if the government had declared that from now on literary, theatre, musical, and artistic works will be considered collective property.

This is in reference to education, but another important point to consider, especially at the university level, is the issue of the academic book market in Quebec. It is no secret that Quebec is an island of 7 million francophones in a sea of over 300 million anglophones in North America. The American book market serves primarily the Canadian English-speaking market. We need a strong academic book market in Quebec to be able to protect our culture, so that we can adapt or examine various issues—such as the economy, philosophy or other university subjects—from a Quebec and francophone perspective. This book market is small compared to the English-speaking American and Canadian market. It must fight against assimilation and against greater integration of these books that are quite often translated into French, but do not reflect Quebec's point of view or a francophone perspective, even in Canada.

This bill could end up further weakening the academic book market in Quebec—for university texts, for example—and creating even more problems for this market. The industry in Quebec will have to face more challenges if it wants to survive.

What justification will be given if the across-the-board use of photocopying is permitted or there is no adequate compensation for the authors of these books, as mentioned by DAMI©? What motivation will Quebeckers, and francophones across Canada, have to write a book that truly reflects the francophone and Quebec philosophy, vision and point of view? There will be no such books in the future.

This bill represents a real threat to an industry that is living on borrowed time in Quebec. That is why we are calling on the government to work with us to establish greater balance in this bill and ensure that all stakeholders benefit, not just the companies that own intellectual property, which are heavily favoured at this time. In response to our government colleagues’ comments, this to a large extent explains why they have the support of John Manley, among others, and it will come as no surprise that he is the president and CEO of the Canadian Council of Chief Executives. However, they will not have the support of authors' organizations, artists' organizations and copyright collectives.

Nor will they obtain, despite what they claim, the approval, the consent or the support of consumer associations. As it stands, the bill does not permit consumers to make backup copies or transfer the documents they have purchased—content for which they have paid and enjoy certain consumer rights—to other formats. The Writers Guild of Canada, among others, raised this problem. This organization stated that the only option that Bill C–11 gives creators is the addition of a digital lock, which has the effect of impinging upon current revenue streams for creators and creates a defect in the bill by depriving consumers of the very rights that are guaranteed them elsewhere in the bill.

The government said it was giving copyright owners a tool for developing and marketing their products and earning an income. It said it was protecting creators against acts of piracy. Although it is true that digital locks worked or can work when it comes to software, they are too restrictive and very unpopular when it comes to entertainment content. They risk being discriminated against by market rules, as they were in the case of music. Digital locks do not allow for progress and do not help defend the interests of consumers and creators. At best, digital locks will simply block current sources of income for creators.

This income is nevertheless very important. If this bill passes in its current form, authors, artists and cultural artisans could lose more than $125 million in income a year. That is why we are calling on the government to work with the NDP in order to amend the bill. We welcome the desire to modernize legislation, especially since this modernization has been a long time coming, but it has to be done properly. Unfortunately, Bill C-11, as currently worded, does not benefit all stakeholders equally. We want to work with the government to ensure that everyone benefits and to modernize the Copyright Act in a coherent and lasting way.

[Réjean Genest, NDP, Shefford, QC]

Mr. Speaker, I am pleased to rise in the House to speak about this bill.

This is an opportunity for me to wear several hats: I am a member of the House of Commons and an author. My occupation as a gardener led to me write several books on the subject.

I would like to say that the work of an author requires perseverance, discipline, determination and confidence. It is mostly solitary work. There is so much work to do that a book like mine can take three or four years to be published.

Copyright is a way of expressing respect for the author. Once again, I do not see the rights of the author in this bill. There is talk of respect but I do not see dividends for authors. As a producer and an author, I created and produced over 500 episodes of a gardening show on community television. For several years, I found it very enjoyable but that ended when my work was copied by others in both the format and the approach. There was nothing I could do. As an author, I created a gardening website of over 1,500 pages, which I have been maintaining since 1998. When you publish something on the Internet in French, you are speaking to the entire Francophonie. There too, my work was copied countless times and, as an author, I had no recourse.

In the government's bill, I do not see any possibility of recourse for authors or any way for authors to obtain payment from the party that copied their material. Various people will get a slap on the wrist but, in the end, the author's work has been copied and he or she has not been reimbursed. I know something about it. On the Internet, people often wrote to me to tell me that my pages had been copied and posted in various locations but I really could not do much about it. I even saw a world horticultural encyclopedia containing complete passages from my work. I had to exert pressure to have my work removed. As an author, I also had no recourse. In the bill, I see ways that the government could help an author to have recourse.

Authors earn a small income, often below minimum wage, but I do not see anything in the government's bill that would help an author whose work has been copied. There is a project in Quebec, somewhere in Montreal or elsewhere, that has been making headlines for years. Everyone knows that it was copied but nothing has been done. If the government wanted to take responsibility, it would find a way to make a system available to authors and legal experts whereby authors could be reimbursed by the parties who copy their work.

I am an author and I have written books, 10 of which are ready to be published. I am waiting to have the means to publish them, because the dividends paid to authors for the publication of books are between 5% and 10%, and they are paid out a year and a half later. In addition, nothing can be confirmed.

Personally, I plan to self-publish my books. Once again, the government has all kinds of legislation that helps publishing companies, but nothing that helps authors to self-publish. When will this government start taking care of authors and thinking like an author? Singers and people who record music were forced to create their own labels. Why is it that this government refuses to help people who want to self-publish? I do not understand.

Is there anything more logical and simple? We want to help people, but we want to penalize pirates and other offenders. Penalizing pirates will not help authors; it is a question of finding ways for authors to get what is owing to them.

Bill C-11 is identical to Bill C-32 from the previous Parliament. Artists from Quebec came here to Parliament Hill. Let us not forget their demands. This bill does not give artists any dividends. Consumers purchase songs or various things on the Web and copy entire pages of creations from the Web, but nothing goes to the artists. No dividends at all. When will this government bring forward a serious bill for authors, instead of just focusing on building prisons?

Indeed, it seems the government has big plans to increase the number of prisons in this country. We would prefer a bill that ensures that anyone who steals from authors would have to pay them back and not get out of it by declaring bankruptcy and going to prison. The artists must be paid back. We must find a way to ensure that offenders' goods are seized for longer than just a few years. The seizure should last many, many years so that the person has no choice but to pay back the author.

I wish the Conservatives would really act in favour of authors' needs and not in favour of the needs of their cronies. This is about the authors.

[Dean Del Mastro, Conservative, Peterborough, ON]

Mr. Speaker, I want to address the issue of whether or not the government is listening. I want to speak about the genesis of this bill, the former Bill C-32.

The government undertook a process where we consulted broadly in major cities right across the country. We had a consultation in Peterborough, where folks came in from Toronto and other places throughout Ontario, but also in Toronto and major centres right across the country. We also received some 8,000 written submissions on the bill and considered them all.

I would hazard to say there is not a single group that has either appeared before the previous committee or in fact had interest in appearing that we did not consider its request and see some of what it was seeking to have addressed in the bill addressed.