Mr. Speaker, I am very pleased to rise to talk about the bill before the House.
Since I have spent more of my life as a teacher in a university than as a politician, I thought I would focus on the implications for the university and college sector.
In this regard there is both good news and bad news. The bill gives the educator something positive and in another way takes that back. I am referring to the new fair dealing rights and exceptions, where education is now included. This will make it somewhat easier for teachers in the classroom to use certain materials without arduous cost.
Some of the producers have objected to this, but my impression is that it is a positive thing. Some teachers want to innovate. An example would be teachers who want to show a one-minute clip of a movie to make a point, but currently they cannot do that without paying very high copyright fees.
The impact of this new education right on producers will be less negative than some have claimed. This is because in determining what is considered fair, our courts use a two-step test created by the Supreme Court of Canada to determine whether a use is fair or not. The first step is to determine whether the use of a work is for one of the fair dealing purposes listed in the act. The second step is to assess the fairness of the use against six factors, including the amount of the work used and the effect of the use on the market for the work. Using this test, our courts have consistently determined that the scenarios envisioned by creators, unmitigated free copying with no payments, is not fair and thus is not permitted.
A clear definition of what is fair should be included in the act. One way to accomplish this would be to embed the Supreme Court's two-step test into the act itself.
That overall is positive, fair, reasonable and balanced. The problem comes with the issue of the digital locks.
Bill C-11 introduces new rights for Canadians to make copies of copyrighted works for personal use, such as format shifting, time shifting and making backup copies, but Bill C-11's new digital lock provisions override these new rights. In other words, under this new law, if a company puts a digital lock on a CD, the person who buys the CD cannot circumvent the lock to put the music on to his or her iPod without breaking the law. This exact issue was a highly controversial change which was fought when the Conservatives' previous copyright bill was introduced.
A long list of leading academics, educators, librarians, archivists, documentary filmmakers and citizens have expressed legitimate concern that digital lock provisions will undermine the balance that copyright law is intended to strike between creators and users, completely undermining a user's ability to use copyrighted works that they have purchased.
Several experts, including Canadian research chair, Professor Michael Geist, have suggested an easy way to fix this would be to amend the bill to make it okay to circumvent a digital lock if the purposes for which a lock was circumvented were lawful. This would be an easy amendment to make to the bill. It would preserve that better balance which I think most of us are seeking.
Because restrictive digital locks can effectively undermine consumer rights articulated in the copyright law and the very balance copyright law seeks, and because the Conservatives have made no attempt to change their stance on digital locks, that is sufficient reason for the Liberals to oppose the bill.
Going back to my example of education, the bill makes it easier for educators to use materials in their classrooms, but then it negates that advantage by bringing in these digital locks which, under certain circumstances, would make it illegal for the professor to produce the clip or other material which he or she wished to use in class. It would be lawful to use that material in the class, but because of the digital locks, it would be unlawful to produce the material which it is legal to use. That makes no sense. That is why we in the Liberal Party are extremely concerned about this issue of digital locks.
