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

[Carole Lavallée, Bloc, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, it is not just creators who are denouncing the copyright bill. The Quebec bar says that Bill C-32 is nothing but a series of “piecemeal amendments without vision or overall consistency, clumsily adopting parts of foreign models that we know to be outdated.” The president of the Quebec bar is calling on the Minister of Canadian Heritage to go back to the drawing board because Bill C-32 does not respect Canada's international commitments.

Will the minister substantially amend his copyright bill, as Quebec and its bar are calling for?

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

Mr. Speaker, the government's primary responsibility with respect to copyright is to ensure that piracy is illegal here in Canada. That is what we are proposing with Bill C-32. On the one hand, we have an obligation to protect our creative communities, and on the other hand, we have an obligation to protect the interests of consumers. That is why we are saying no to a new tax on consumers, a new tax on iPods, a new tax that affects everyone: creators and consumers. Our Bill C-32 is responsible and fair and it meets the needs of all Canadians.

[Carole Lavallée, Bloc, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, copyright expert and president of the Association littéraire et artistique internationale, Ysolde Gendreau, told members of the legislative committee that Bill C-32 violates the international treaties signed by Canada. According to this leading academic, the bill introduces three exceptions that do not comply with the treaties: the education exemption, the YouTube exception and the reproduction for private purposes exception.

Does the Minister of Canadian Heritage and Official Languages understand that those are three more good reasons to significantly amend Bill C-32 so that creators are not only protected, but also compensated?

Telecommunications

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

Mr. Speaker, the very thing the member is asking this government to do is in our copyright bill, Bill C-32. Unfortunately, his party is voting against Bill C-32.

Therefore, if he is asking our government to take an action in favour of the policy he has asked for, why does he not actually join us in doing what he says he should be doing?

Copyright

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

Mr. Speaker, our responsibility is to respect creators throughout Canada. The first thing we must do as a parliament is ensure that piracy is illegal in Canada. That is the first thing we must do.

Our Bill C-32 on copyright makes piracy illegal in Canada and also imposes international Internet treaties. That is key. It is the beginning of a real dialogue for our artists. It is a key component of our bill C-32 and, for that reason, we have strong support from artists, creators and everyone across Canada for an effective and responsible bill, one that does not slap a new tax on consumers.

[Carole Lavallée, Bloc, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, the minister did not answer my question. Does he agree with these three points? We all agree that piracy should be illegal. It is all in how you do it. Artists must be compensated.

The education sector currently pays $40 million a year to authors. Bill C-32 is cutting off this compensation. Royalties paid to artists are not gifts; they are their income, their pay.

Does the minister agree with the Quebec minister of culture that the education sector should set an example for our children by teaching them to respect our creators and their works and pay them?

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

Mr. Speaker, we are always talking with the other governments. I had a meeting with Ms. St-Pierre this week to discuss the bill. She supports the key elements of our bill. For example, our Bill C-32 will make piracy illegal in Canada and protect artists across Canada from what is destroying their ability to earn a good living with their creations. That is very important and a key part of Bill C-32.

Why is the Bloc Québécois opposed to a bill that makes piracy illegal in Canada? That is the real question.

[Carole Lavallée, Bloc, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, the Minister of Canadian Heritage says that he is working with Quebec minister Christine St-Pierre on improving Bill C-32 on copyright. Ms. St-Pierre believes that the education sector must pay copyright fees, private copying must be modernized, and Internet service providers must be made accountable. Passing Bill C-32 without these substantial amendments would result in enormous losses for Quebec creators.

Did the Minister of Canadian Heritage respond favourably to the minister's three concerns when he met with her?

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

Mr. Speaker, as I have said, we say that the balance exists already in Bill C-32. We balanced the rights and obligations of the government to protect those in the creative economy and also those of consumers.

We protect the rights of creators. We make piracy illegal in Canada. We also impose the international WIPO treaties. We also have limited fair dealing in this bill. We also protect the rights of creators to impose technological protection measures to protect what it is that they are creating.

We also stand up for consumers by having a notice and notice regime. We stand up for consumers by saying no to a massive new tax on iPods, cellphones, BlackBerrys and laptops.

We believe in balance and what is in the best interests of consumers and creators.

[Carole Lavallée, Bloc, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, this bill is unbalanced and irresponsible. Yesterday the artists said so themselves.

Among this delegation of artists was Claude Robinson, who fought a 15-year battle to have the courts recognize his copyright. He is a real symbol for copyright in Quebec. His presence reminded us that Bill C-32 transforms all creators into thousands of Claude Robinsons who will be left on their own to fight for their intellectual property rights and for fair compensation.

Is it not time to make significant changes to Bill C-32 to establish a fair balance between distributors and creators?

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

Mr. Speaker, our government's policy on this issue is in Bill C-32. We are also in talks with the Government of Quebec. In fact, I had a meeting with Ms. St-Pierre this week. Yesterday, I spoke with the Union des artistes and I stressed to them that this bill addresses the interests of both consumers and artists.

This is what the Canadian Film and Television Production Association had to say: “We applaud this Conservative government's copyright reforms.”

This is a balanced, responsible bill that is in the best interests of all Canadians.

Folk Music Awards

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, the sixth annual Folk Music Awards gala was held on Saturday, November 20, in Winnipeg. Several Quebec artists were honoured, including Yves Lambert for his album Bal à l'huile, which won the traditional singer of the year award. Yves Lambert was, of course, one of the founding members of La Bottine Souriante and the Bébert Orchestre.

The ensemble of the year award went to Quebec's Le Vent du Nord for its album La part du feu. I should note that Yves Lambert and Le Vent du Nord are from the Lanaudière region.

To prove that I am not biased, I would also like to mention the songwriter of the year award, which went to a third Quebec artist, Francis d'Octobre, for his album Ma bête fragile.

I would like to take this opportunity to remind the government that awards do not pay the bills for artists and other creators, who are entitled to fair compensation for their work. That is why Bill C-32 needs major changes.

Copyright

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

Mr. Speaker, we listened to our artists: we conducted unprecedented consultations on Bill C-32. The Union des artistes is on the Hill today; I met with them. They had six proposals concerning our copyright bill. We agree with four of the six. However, we are against a new tax for consumers. That is not in the interest of consumers, artists or Canadians.

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

Mr. Speaker, the Bloc Québécois is not telling the truth about this issue. It is saying that it is artists versus everyone else. This is what one Montreal artist had to say: “Illegal downloading has been catastrophic for me and many of my colleagues. The government has taken an important step in addressing this issue by introducing Bill C-32. I want to thank the Conservative government.“ A francophone artist from Quebec said that. We are taking responsible action for artists.

[Carole Lavallée, Bloc, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, this is not a tax. These are royalties that go to the artists.

According to a coalition of consumer associations, Bill C-32 will also penalize consumers. By giving in to demands from big business, the Conservative government is allowing artists' rights to be restricted, denied even.

Does the government understand that if it deprives artists of their copyright royalties, consumers will be deprived of new artistic works? If artists starve, culture starves.