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

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

Mr. Speaker, I will be brief. The hon. member talked about a sum of $13,000 a year, but that was just the average. There is an artist named Céline Dion who earns more than $1 billion. It is her salary that raises the average because 80% of artists earn less than $10,000 a year. That is the problem.

How can we help them? We can create a separate fund. There are a number of ways to do so. We can work together. We have already held a number of meetings during the last Parliament. We can help bring the new parliamentarians up to speed. There are a great number of ways to help artists. They do enough lobbying. We all know artists. We are here for them.

[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.

[Paul Calandra, Conservative, Parliamentary Secretary to the Minister of Canadian Heritage]

Madam Speaker, the hon. member is right, and, hopefully, once we defeat the Liberal motion, we will have an opportunity to bring the bill before committee to hear some more witness testimony. As I said in earlier comments, we have heard testimony from a vast array of people.

Graham Henderson of Music Canada said, we are “pleased to see long overdue copyright reform legislation back on the...agenda and a strong commitment to get it passed”.

The Canadian Publishers' Council said that the government was demonstrating “a clear understanding of the need to amend the current Copyright Act to bring it more in line with our times”. It strikes me that much of this bill would do just that. It would bring our legislation in line with copyright legislation around the world.

Jurisdictions around the world talk a lot about digital locks, or technical protection measures. However, in jurisdictions around the world where TPMs are protected there is actually more content available. That can protect artists but they need to ensure that consumers have access to a vast array of products.

It is frustrating to hear yet again another NDP speaker talk about the only solution for Canadian artists and Canadians is to tax them more and that will solve all the problems.

[Megan Leslie, NDP, Halifax, NS]

Madam Speaker, my colleague pointed out that committee provides the opportunity to hear from stakeholders and from people in the community about the pluses and minuses, the good points and bad points. He also pointed out that, the last time the bill came around, the committee heard from all types of people from around Canada who gave feedback about this legislation. So, why is the bill exactly the same as last time?

If we really care about feedback from Canadians, if we really are listening to them, why would the bill be exactly the same as last time? I hope that this time the Conservatives actually listen.

[Robert Aubin, NDP, Trois-Rivières, QC]

Madam Speaker, I fail to understand why we, as legislators, are constantly pitting consumers against creators.

As a consumer of music or any other art form, I would like to be able to buy a work and know for sure that the creator who produced it was compensated.

From what I understand of the current bill—and I would like clarification from the hon. member on this—if we pass it in its current form, the coming weeks will have to be spent creating fair trade music and fair trade art, like the fair trade coffee and chocolate we get from developing countries. It does not seem to me that we are going completely in the right direction.

[Megan Leslie, NDP, Halifax, NS]

Madam Speaker, I thank my colleague for his observation that so often the government is not actually looking out for creators.

If we look critically at this legislation, we can see that it would protect owners. As I said in my speech, owners are not necessarily creators, owners are not necessarily artists and owners are not necessarily users. They are publishers. They are music companies. They are industry.

This is one-sided legislation where the rights of owners would be protected but everybody else would be left out in the cold.

[Scott Armstrong, Conservative, Cumberland—Colchester—Musquodoboit Valley, NS]

Madam Speaker, I can tell the member who we are looking out for. This party will always stand up and look out for consumers across this country.

One of the opposition amendments is to place an iPod tax on MP3 players, on telephones and on other pieces of technology that actually play some of the music that is downloaded illegally.

I would first congratulate the member for Halifax and all Nova Scotians for the Halifax Irving Shipyard's winning bid this week. It is a tremendous opportunity, of course.

What will the member do for consumers in her riding, particularly single parents trying to buy Christmas presents for their children?

[Megan Leslie, NDP, Halifax, NS]

Madam Speaker, I thank the member for his congratulations and extend them to him because a lot of the shipbuilders live in his riding.

With respect to representing consumers, I will not send them to jail for five years and I will not fine them $1 million because they may have made a mistake or tried to bust a digital lock on something that they actually already own.

The House resumed consideration of the motion that Bill C-11, An Act to amend the Copyright Act, be read the second time and referred to a committee, and of the amendment.

[Paulina Ayala, NDP, Honoré-Mercier, QC]

Madam Speaker, no one is against the modernization of the act, which has not been updated since 1988 and is considered obsolete because of the advent of the Internet and digital technologies. Many Quebec and Canadian creators have been waiting a long time for the legislation to be overhauled. Their expectations have been shattered and now they realize that the government has responded to institutional and, above all, corporate needs, and definitely not to the basic need of supporting creation.

If there is to be no creation, no support for the creative instinct that inspires any material that could be subject to the principles of copyright, why are we wasting our time setting copyright guidelines? This bill has drawn a great deal of criticism from all stakeholders affected by Bill C-11, be they academics, whom the bill is trying to please, or artists, who provide a revenue stream on which the government has always counted. There are also the members of the general public, who will be criminalized for the personal use of artistic material that they purchase. Pierre-Paul Noreau, of the newspaper Le Soleil had this to say:

What is astounding about the government's approach is that Bill C-11 is the exact replica of Bill C-32, which died on the order paper when the federal election was called.

But there was a long series of consultations between the two bills. Experts, artists and spokespeople from groups concerned with copyright testified during 20 meetings of a hard-working legislative committee. But since the government had already made up its mind, nothing that was said changed the original bill. The government did not even listen to constructive criticism of its approach. Cabinet reacts to such criticism by saying that amendments are still possible.

In its current form, Bill C-11 is a catastrophe for authors, since it directly undermines copyright, which is how authors earn their meagre incomes. The proposal reduces the potential to earn real dollars and does not offer any alternatives. For example, the education system will now have much more freedom to use works in class, whereas it currently pays tens of millions of dollars to authors every year. Similarly, the logical principle of a levy on blank cassettes and CDs that had existed until now, but that has been bringing in less and less money, will not apply to digital audio recorders such as iPods, which have replaced these formats for storing copied music and images. This means that artists will see their revenue sources dry up in the interest of more freedom for users.

The answer is sad, yet clear. Since the government has said that it is open only to technical amendments, creators will have to cling to the hope of the mandatory review that will be conducted in five years, if they are able to hold out that long. This long-awaited update contains several well-targeted elements. Unfortunately, it has one major weakness. The reform fails to consider the minor creators. Some creators and participants in the cultural industry have criticized the government for failing to extend the royalties they receive on blank CDs to new technologies, such as the iPod, in order to compensate them for the reproduction of their works.

[The Deputy Speaker, NDP, Denise Savoie]

Order, please. It being 1:30 p.m., it is my duty to interrupt the hon. member. The hon. member will have six minutes left the next time this bill is called for debate.

The House will now proceed to consideration of private members' business as listed on today's order paper.

The House resumed from October 21 consideration of the motion that Bill C-11, An Act to amend the Copyright Act, be read the second time and referred to a committee, and of the amendment.

[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.

[Jean Rousseau, NDP, Compton—Stanstead, QC]

Mr. Speaker, I would like to thank the hon. member for his wonderful speech. We know that the Copyright Act has not aged well and clearly needs to be updated. What would the hon. member say is the main change that needs to be made, especially in terms of piracy? The member spoke about piracy in terms of going to a flea market and thinking that you are buying a real copy when it is not genuine.

Does the member feel that that is the most important thing to deal with, or should we be dealing with the overall issue of copying and Internet piracy?

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

Mr. Speaker, I would like to thank the hon. member for his excellent question. The law needs to be adapted to today's reality. We need to understand that new technologies are creating a new reality in which creators' copyright may be infringed. Copyright must be protected and we need to understand that. However, in improving the law, we need to ensure that those truly guilty of copyright infringement—the pirates—will suffer the consequences.

The government needs to do a better job of targeting real copyright infringement instead of punishing creators.