Bill C-11 (Historical)

Copyright Modernization Act

An Act to amend the Copyright Act

This enactment amends the Copyright Act to
(a) update the rights and protections of copyright owners to better address the challenges and opportunities of the Internet, so as to be in line with international standards;
(b) clarify Internet service providers’ liability and make the enabling of online copyright infringement itself an infringement of copyright;
(c) permit businesses, educators and libraries to make greater use of copyright material in digital form;
(d) allow educators and students to make greater use of copyright material;
(e) permit certain uses of copyright material by consumers;
(f) give photographers the same rights as other creators;
(g) ensure that it remains technologically neutral; and
(h) mandate its review by Parliament every five years.

Copyright Modernization Act

[François Lapointe, NDP, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Madam Speaker, we will definitely have to take a sensible and balanced approach to address the issue of distribution networks and platforms. Is there a small percentage that can guarantee sustainability for creators?

We have to stop saying that this is a tax. CD copyright is not a tax, but rather a way of compensating musicians who write songs that we hear on the radio and who make our lives more enjoyable.

So why all of a sudden is any solution applied to new technologies a tax? If we accept this way of seeing things, how can we make sure that successful creators will be able to make a living from their works? We need to move away from this approach that is completely out of step—

[The Deputy Speaker, Denise Savoie]

Order.

The member for Winnipeg South Centre has the floor.

[Joyce Bateman, Conservative, Winnipeg South Centre, MB]

Madam Speaker, I am grateful to have the opportunity to take part in today's debate on Bill C-11, the copyright modernization act.

In the 2011 Speech from the Throne, the Government of Canada committed to reintroduce and seek swift passage of legislation to modernize Canada's copyright law in a way that balances the needs of creators and users. This bill fulfills that promise.

This is the third time that we have tried to introduce this copyright legislation. Thanks to this government, we are finally going to update our act so it is consistent with international standards.

It is the culmination of one of the most extensive consultations that any bill has undergone, with more than 9,000 Canadian citizens and organizations having provided their thoughts regarding what a balanced copyright bill should look like.

It is from that listening exercise that our government arrived at the balance that we have today. It is a balance that not everyone is 100% content with, but everyone can agree that they have had some specific measure that was called for.

Canadians can also agree that what we have in this bill, especially with the amendments arrived at during committee stage, is in the right ballpark of what a balanced copyright act should look like.

This legislation will strengthen our competitiveness within the global digital economy and will protect and create jobs, promote innovation and draw new investments to Canada.

It is a hard-won balance, the result of principled compromise and one that the government is proud of.

Opposition parties have talked about this balance in several separate ways, almost disjointedly. On one hand they pit artists against consumers, and then they turn around and favour consumers over artists, all the while ignoring the need to ensure compromise.

Instead of advocating new costs for consumers, like an iPod tax, the opposition should finally side with us and support the modernization of Canada's Copyright Act.

Over here we realize that this compromise is necessary, because consumers and artists are in fact two sides of the very same coin. They are the same equation. If artists do not trust the rules that protect their rights and govern Canada's digital economy, they will be reluctant to produce their content here.

The government and members of Parliament have heard that time and time again in the consultations we have held. We have also heard that if consumers are unable to enjoy and use the content in legal ways that make sense to them, there will not be a market for the artists' work. That is why we have created a bill that strikes the right balance between the needs of consumers and users, while at the same time making strong exemptions for educational purposes or fair dealing.

The bill is an important stepping stone to the establishment of a strong framework in which Canada's digital economy can thrive. We know that the economy is changing significantly. What we do now with smart phones, tablets and computers has taken our economy in a new direction, where artists and rights holders are using the digital economy not only to bring new art to market but also to create hundreds of thousands of jobs for Canadians.

Those benefits are reflected in the raft of groups that are supportive of this legislation. To name only a few, they include the Canadian Chamber of Commerce, the Entertainment Software Association of Canada, the Business Coalition for Balanced Copyright, the Canadian Anti-Counterfeiting Network, the Canadian Intellectual Property Council and the Canadian Institute for the Blind.

I could go on, but I think the point is clear: the bill has wide-ranging support from those who see it as a key platform in the growth of the digital economy and the creation of knowledge economy employment.

I have listened with interest to today's debate, which is eerily reminiscent of the budget debate. In the budget, for example, we on the government side are putting forward a plan for how to sustain Canada's economic health in a time of global economic uncertainty.

Yes, unfortunately, the global economy is still fragile.

Here we have the opposition dreaming up new ways to stop our economic growth right in its tracks. We are providing for new, reasonable and economically viable ways to help grow our economy, whether it is an investment in our knowledge economy, sensible changes to the Investment Canada Act, or opening up our telecom sector to increased foreign investment, yet the opposition says “no” to those investments and “no” to changes that will create jobs and investment right here at home.

The new copyright regime will encourage new ideas and will protect the rights of Canadians whose research and development work and artistic creativity make our economy vibrant.

In the budget implementation act we have proposed practical changes to create a reasonable timeline for environmental reviews, while creating stronger environmental laws. We know that in the next 10 years more than 500 new projects representing over $500 billion in new investments will be proposed for Canada. The potential for job growth is enormous.

Since 2006 our government has been looking to streamline the review process for major opportunities such as this. More needs to be done and more can be done, yet the opposition says “no” to jobs and “no” to economic strength. Federal and provincial revenues that would flow from that measure will not accrue to Canadians because of these decisions.

I understand that part of that is the role of an opposition. I appreciate that, but the opposition's parliamentary games are not reasonable. For example, the member for Burnaby—New Westminster took up over 13 hours of debate and 70 speaking spots simply reading from Twitter posts in the House of Commons. I guess none of his colleagues had anything substantive to add to that debate. When I look at those kinds of tactics, I am not surprised about the opposition's stance on this legislation.

The same kinds of games were played during second reading of Bill C-11. The opposition spoke for more than 19 hours, often repeating the very same words, and all the while, for every day it delayed, another day went by without a modern, flexible copyright regime to help spur on our digital economy.

The bill is the outcome of one of the broadest consultations of its kind in Canadian history. In addition, the government acknowledges the many testimonies and briefs from stakeholders and parliamentarians about the bill tabled in the last session of Parliament and thanks everyone who contributed. This process made it possible to send a very clear message: Canada urgently needs to modernize the Copyright Act.

When it comes down to it, that is what this legislation is about: how rights holders and consumers interact with the digital economy, the economy of the 21st century.

What we need is a bill for the 21st century.

We know, after listening to witnesses at the committee stage of both Bill C-11 and Bill C-32, that this bill would create jobs and support the growth of Canadian business in the digital and online environment. It would promote creativity and innovation.

[Libby Davies, NDP, Vancouver East, BC]

Madam Speaker, I note that the member used her time to go after the NDP for, apparently, speaking too long on Bill C-38. I am surprised by that because such a massive bill, which we have correctly named a Trojan horse because it has so many non-financial aspects in it, is something that absolutely has to be investigated and debated in the House of Commons. I was surprised to hear her say that 12 hours or 19 hours of debate is too long.

Having said that, I am curious about her position on this bill, and I wonder if she agrees with one of its main criticisms, which is that it cozies up to some of the big rights holders, like the big movie studios and largely U.S. cultural interests. The idea is that there is balance in the bill, but when we give it a close examination, we see that a lot of artists and small players are left behind.

I wonder how she would respond to the criticism that this is, basically, a sop to the big players who have been lobbying for these changes and that her government has now very nicely responded to them.

[Joyce Bateman, Conservative, Winnipeg South Centre, MB]

Madam Speaker, we have different points of view. I quoted the exact numbers, but there were more than 9,000 consultations with the Canadian public, the business community and the artistic community. That is a lot of consultation. This is the longest consultation process in the history of Canada. It has been 15 years, and it is time we entered the 21st century.

This is in the interests of all the artists and creators who work in my community. A couple down the street from me owns a production company, just a little one, based in Winnipeg, Manitoba. It creates jobs and brings wealth to my community. It is very important that we make it possible for that couple to earn a living and create jobs in our economy. We are in the 21st century.

[Jonathan Tremblay, NDP, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Madam Speaker, the member for Burnaby—New Westminster enabled Canadians to express their views in this House, which is something that the government has not done. This government lacks transparency, refuses to listen to anyone and conceals information. It only listens to big business.

This bill will hurt small and medium-sized businesses in the cultural sector.

Will the government agree to the NDP's amendments to protect small and medium-sized businesses?

[Joyce Bateman, Conservative, Winnipeg South Centre, MB]

Madam Speaker, this government listens not just to big business; it listens to all business. Small businesses create a significant number of jobs, an incredible number of jobs, in this economy. We listen to big business, small business and the people down the street. In fact, I am proud to be a part of a government that engaged in extensive budget consultations during this year, and I learned a great deal from the people in my community.

We listened to more than 9,000 submissions. There were 150 witnesses. The committee has worked hard on this and, as I said to the member's honourable colleague, this is a 15-year process of consultation. It is important that we provide the tools to the businesses and creators who are making things happen for the 21st century economy.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, it is important to say that the member is absolutely right that there have been lots of consultations. However, it remains the case that the leading copyright experts in this country find this bill lacking. It is more restrictive than is required by the WIPO treaty. It is even more restrictive than the U.S. digital millennium copyright act.

I ask my hon. friend if Conservative members will relent at this point and accept the amendments to make this bill match at least U.S. standards.

[Joyce Bateman, Conservative, Winnipeg South Centre, MB]

Madam Speaker, I am saddened that the member for Saanich—Gulf Islands thinks we should adopt an American standard here.

I am proud that we have adopted, through consultations with Canadian businesses, a Canadian standard. To me, a Canadian standard is our gold standard.

[Libby Davies, NDP, Vancouver East, BC]

Madam Speaker, here is another opportunity to speak on the bill. I know the bill has been recycled a number of times. I think its earliest life actually came when the Liberals were in power. In fact, they laid the groundwork for the copyright bill we are dealing with today. In fact, I think my hon. colleague across the way mentioned this. This is possibly about the third time the bill has come forward, which to me is a very good example of why sometimes we need to have a thorough examination of legislation; in this particular case, the copyright legislation.

This is a very technical bill. I would be the first to say that I am certainly not an expert on this issue. I know that some of my colleagues have been really drilling down into this legislation to examine what exactly is involved, who wins, who loses and whether or not there is a balance. We have heard time and again from the Conservative members who have quoted the numbers, the level of consultation. Consultation is very important, especially on a bill that is so wide in its scope and would affect so many different sectors, from very large corporations to individual artists to consumers. There is a very wide spectrum of people who would be affected. Those consultations are very important. I certainly would not deny that.

However, I think at the end of the day, we do have a fundamental question. Will Canadians have copyright legislation that would actually work for them? Is this the right balance that has been found?

I want to thank my colleagues on the committee who have worked so hard on the bill. In fact, not only did they work on the committee but they travelled across the country, as well, and heard from many individual Canadians and experts. We have had an enormous amount of feedback on the bill. In my own community of east Vancouver, which is home to many artists, I have had a lot of feedback on the bill.

Here we are, now, at the final stages of the bill and, unfortunately, that basic question is still before the House. Is this the right balance among consumers, creators and royalties, and would it unfairly kind of roll over to providing much greater support and a green light to some of the very large players?

As many of my colleagues before me have said today, on this side of the House we believe, having now gone through committee, having posed many amendments to try to mitigate some of the worst aspects of the bill, that here we are now at the final stages and the bill, unfortunately, does not strike the right balance.

In fact, I would say it appears that all the attempts that have been made at copyright reform in recent years have had very little to do, in reality, with creating a regime that would balance the rights of creators and the public. Rather, it has been more about satisfying the demands of U.S. large content owners, and by that I mean the movie studios, the music labels, the video game developers et cetera. These are all things that are very pervasive in our culture, in our society. One only has to look at a younger generation to see how incredibly powerful these various cultural products are in our society. We could have a whole other debate about the ups and downs of that.

However, we are very concerned that the bill is tilted toward satisfying the demands of those very large players. In fact, I was very surprised to read that, as a result of WikiLeaks' cables, there was even information about how the former minister's staff used influence and tried to generate a whole scene of pressure in the U.S. to put pressure on Canada to bring in a bill and to get this moving along.

I think that is just the tip of the iceberg. It is a revelation that shows us that powerful interests are involved in this issue of copyright, and who wins and who loses is very significant. Therefore, the fact that the bill has taken a long time and that it is now back in the House, I think, is a reflection of the complexities of that debate. There were many witnesses at committee who came forward to express their concerns.

Our concern is that the bill essentially gives with one hand while it takes away with the other. While we certainly acknowledge that there are some concessions for consumers, the reality is when we weigh it up that they are undermined by the government's refusal to compromise on what is probably the single most controversial aspect of the bill, the digital lock provisions.

The example I gave in questions and comments, as have other colleagues, is long distance education. Under the provisions, people would have to get rid of their school notes after 30 days. To us, this seems to be a very heavy-handed approach.

In fact, at committee, NDP members proposed deleting sections of the bill that would criminalize Canadians who, in breaking digital locks for non-commercial use in the normal course of work or school, would be penalized under the provisions of the bill. That is a pretty unfair element of the bill, which has not been resolved even though there were many attempts to bring forward amendments to resolve it.

I want to segue a moment because, as I said, the bill has a very broad scope in terms of the number of people it impacts. The colleague from the Conservative Party earlier spoke about the budget implementation bill. I think she said that the Conservatives are growing the economy, and that made me think about what is really going on in this House. On the one hand we have this budget implementation bill that would fundamentally change many different regimes, whether it be environmental regulations and protections or health care. One of the changes involves EI. This is something that would have an impact on artists.

It is quite astounding to know that The Conference Board of Canada estimated that the cultural sector in Canada generates approximately $25 billion in taxes for all levels of government. That was from 2007 and presumably it might be higher now. However, that is three times higher than what was actually spent on culture by all levels of government. What was spent was $7.9 billion, but $25 billion was collected.

The median income of an artist in Canada was just under $12,900; not the average but median, which is a much more realistic comparison. I represent a community where we have an incredible diversity of artists, most of whom have other jobs to support themselves, in the service sector, restaurants or maybe at home, but they are creators. They are people who contribute enormously to our society, our local communities, our history, our culture and our understanding of the experiences we all have.

It was very interesting to hear the member across the way talk about the budget implementation bill as it relates to the copyright bill and say it is all about growing the economy. This is a bill that would actually penalize and limit the scope of artists in this country. When we look at what their income is and how much they struggle, it should very much concern us.

At the end of the day we took a hard shot at this bill. We really worked in good faith because there are some elements that are adequate, but mostly there are not. I know that our folks on the committee tried to find ways to bring forward amendments. However, if it was like our health committee, anything that we proposed automatically got shut down, which in and of itself is an affront to democratic practice. Unfortunately, that has become the practice in this place.

We are still opposed to this bill because the balance has not been found. It is still tilted in favour of the really big players.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I thank my hon. friend from Vancouver for her balanced and fair remarks.

We are on the verge of what is likely to be a very long night of votes but we still have the opportunity to pass the amendments that would deal with the critical failings of this bill, particularly in relation to digital locks. It is not the case that the U.S. law is tougher than ours. It is not a good thing, as my hon. colleague from the Conservative Party mentioned earlier, to strive to have a law that is tougher than that in the U.S. when we are talking about regressive and restrictive laws that would deny consumers access to property they have already bought, when there is an intrusive digital lock function that trumps all other rights within this piece of legislation.

I hope my friend from the Official Opposition will be voting for the amendments that are being put forward by opposition party members here tonight.

[Libby Davies, NDP, Vancouver East, BC]

Madam Speaker, the member for Saanich—Gulf Islands has been very involved in this debate and has spoken out. I certainly will be looking at those amendments. We have worked very hard to try to mitigate the worst aspects of this bill.

If this bill passes, as it likely will given the makeup of the House, one has to wonder about the impact it would have, not only on consumers but also on artists. We had better be prepared to evaluate this bill. There would be long-term consequences that would need to be redressed. That is very unfortunate because it could have been fixed now. I thank the member for bringing forward concrete, specific measures that would actually deal with some of the worst aspects of this bill. That is what we are here to do. I know the member for Saanich—Gulf Islands has done everything she can.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, the government talks about the creators and how important it is that we have copyright laws. It is important to note that from an opposition point of view, whether the Green Party, the New Democratic Party or the Liberal Party, a series of amendments has been put on the table at the committee stage. Shortly we are going to have a series of votes in an attempt to provide more balance to this legislation.

By voting against this legislation, members are not voting against the creators or individuals who are trying to improve this system. We are trying to make the system better and more balanced, not only from creators' or artists' perspective, but from the perspective of the different stakeholders. In order to improve the bill, there needs to be more balance. That is why the government should reconsider its position when it comes time to vote on these important amendments.

[Libby Davies, NDP, Vancouver East, BC]

Madam Speaker, the member's comment is very interesting. I know what he is getting at. He knows the arguments that are going to be thrown back at those of us who voted against the bill. We are going to be told we are against artists or consumers, as we have seen time and time again with the crime bill and other legislation. Unfortunately, that has become the pattern in the House. He is trying to pre-empt that kind of attack.

Of course we support consumers. Of course we support the creators. The member is entirely correct. This debate is about trying to make a bill the best it can be. There is a very strong feeling in the House and among the experts that this bill is not at that point. We would have a lot of difficulty with this legislation; there would be some long-term consequences that we would have to address.

The House resumed consideration of Bill C-11, an act to amend the Copyright Act, as reported (with amendment) from the committee, and of the motions in Group No. 1.