Copyright Modernization Act

An Act to amend the Copyright Act

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Christian Paradis  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 18, 2012 Passed That the Bill be now read a third time and do pass.
May 15, 2012 Passed That Bill C-11, An Act to amend the Copyright Act, as amended, be concurred in at report stage with further amendments.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 15 on page 54 the following: “(3) The Board may, on application, make an order ( a) excluding from the application of section 41.1 a technological protection measure that protects a work, a performer’s performance fixed in a sound recording or a sound recording, or classes of them, or any class of such technological protection measures, having regard to the factors set out in paragraph (2)(a); or ( b) requiring the owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording that is protected by a technological protection measure to provide access to the work, performer’s performance fixed in a sound recording or sound recording to persons who are entitled to the benefit of any limitation on the application of paragraph 41.1(1)(a). (4) Any order made under subsection (3) shall remain in effect for a period of five years unless ( a) the Governor in Council makes regulations varying the term of the order; or ( b) the Board, on application, orders the renewal of the order for an additional five years.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 11 on page 52 with the following: “(2) Paragraph 41.1(1)( b) does not”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 25 on page 51 with the following: “(2) Paragraph 41.1(1)( b) does not”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 1 to 7 on page 51.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 24 to 33 on page 50.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting line 37 on page 49 to line 3 on page 50.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 17 to 29 on page 48.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 38 to 44 on page 47.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “(5) Paragraph (1)( a) does not apply to a qualified person who circumvents a technological protection measure on behalf of another person who is lawfully entitled to circumvent that technological protection measure. (6) Paragraphs (1)( b) and (c) do not apply to a person who provides a service to a qualified person or who manufactures, imports or provides a technology, device or component, for the purposes of enabling a qualified person to circumvent a technological protection measure in accordance with this Act. (7) A qualified person may only circumvent a technological protection measure under subsection (5) if ( a) the work or other subject-matter to which the technological protection measure is applied is not an infringing copy; and ( b) the qualified person informs the person on whose behalf the technological protection measure is circumvented that the work or other subject-matter is to be used solely for non-infringing purposes. (8) The Governor in Council may, for the purposes of this section, make regulations ( a) defining “qualified person”; ( b) prescribing the information to be recorded about any action taken under subsection (5) or (6) and the manner and form in which the information is to be kept; and ( c) prescribing the manner and form in which the conditions set out in subsection (7) are to be met.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “41.101 (1) No one shall apply, or cause to be applied, a technological protection measure to a work or other subject-matter that is intended to be offered for use by members of the public by sale, rental or otherwise unless the work or other subject-matter is accompanied by a clearly visible notice indicating ( a) that a technological protection measure has been applied to the work; and ( b) the capabilities, compatibilities and limitations imposed by the technological protection measure, including, where applicable, but without limitation (i) any requirement that particular software must be installed, either automatically or with the user's consent, in order to access or use the work or other subject-matter, (ii) any requirement for authentication or authorization via a network service in order to access or use the work or other subject-matter, (iii) any known incompatibility with ordinary consumer devices that would reasonably be expected to operate with the work or other subject-matter, and (iv) any limits imposed by the technological protection measure on the ability to make use of the rights granted under section 29, 29.1, 29.2, 29.21, 29.22, 29.23 or 29.24; and ( c) contact information for technical support or consumer inquiries in relation to the technological protection measure. (2) The Governor in Council may make regulations prescribing the form and content of the notice referred to in subsection (1).”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “41.101 (1) Paragraph 41.1(1)( a) does not apply to a person who has lawful authority to care for or supervise a minor and who circumvents a technological protection measure for the purpose of protecting the minor if ( a) the copy of the work or other subject-matter with regard to which the technological protection measure is applied is not an infringing copy; and ( b) the person has lawfully obtained the work, the performer’s performance fixed in a sound recording or the sound recording that is protected by the technological protection measure. (2) Paragraphs 41.1(1)( b) and (c) do not apply to a person who provides a service to a person referred to in subsection (1) or who manufactures, imports or provides a technology, device or component, for the purposes of enabling anyone to circumvent a technological protection measure in accordance with subsection (1). (3) A person acting in the circumstances referred to in subsection (1) is not entitled to benefit from the exception under that subsection if the person does an act that constitutes an infringement of copyright or contravenes any Act of Parliament or of the legislature of a province.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 21 to 40 on page 46.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 25 on page 45 with the following: “measure for the purpose of an act that is an infringement of the copyright in the protected work.”
May 15, 2012 Failed That Bill C-11, in Clause 22, be amended by deleting lines 30 to 34 on page 20.
May 15, 2012 Failed That Bill C-11, in Clause 22, be amended by deleting lines 33 to 37 on page 19.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 62.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 49.
May 15, 2012 Failed That Bill C-11, in Clause 27, be amended by deleting line 42 on page 23 to line 3 on page 24.
May 15, 2012 Failed That Bill C-11, in Clause 27, be amended by replacing lines 23 to 29 on page 23 with the following: “paragraph (3)( a) to reproduce the lesson for non-infringing purposes.”
May 15, 2012 Failed That Bill C-11, in Clause 21, be amended by adding after line 13 on page 17 the following: “(2) The Governor in Council may make regulations defining “education” for the purposes of subsection (1).”
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 2.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 1.
May 15, 2012 Passed That, in relation to Bill C-11, An Act to amend the Copyright Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 13, 2012 Passed That the Bill be now read a second time and referred to a legislative committee.
Feb. 13, 2012 Passed That this question be now put.
Feb. 8, 2012 Passed That, in relation to Bill C-11, An Act to amend the Copyright Act, not more than two further sitting days shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Nov. 28, 2011 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-11, An Act to amend the Copyright Act, because it fails to: ( a) uphold the rights of consumers to choose how to enjoy the content that they purchase through overly-restrictive digital lock provisions; (b) include a clear and strict test for “fair dealing” for education purposes; and (c) provide any transitional funding to help artists adapt to the loss of revenue streams that the Bill would cause”.

Copyright Modernization ActGovernment Orders

November 24th, 2011 / 10:15 a.m.


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NDP

Pat Martin NDP Winnipeg Centre, MB

Madam Speaker, I am interested in the views of my colleague from the Bloc Québécois that were laid out for us when Bill C-11 was being debated the last time in the House of Commons.

I understand from his remarks that he disagrees profoundly with the federal government in its treatment of the copyright legislation. He believes that Bill C-11 is riddled with flaws from one end to the other. In fact, there is very little merit in the bill whatsoever. It would require a great deal more analysis and study before we could safely say that it would be ready to be implemented as such a critically important piece of regulatory legislation to govern and guide something as important as copyright in this country.

I would like my colleague, in the few moments he has left, to expand and summarize for Canadians the legitimate reservations he has about this legislation.

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November 24th, 2011 / 10:15 a.m.


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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Madam Speaker, I thank my colleague. Indeed, that is what my recent speech was about. That is also what the Bloc Québécois has noticed, along with creators in Quebec, in particular.

Almost a year ago, on November 30, 2010, 100 or so artists came here to the House of Commons. The member for Winnipeg Centre perhaps met a few of them. They told us that Bill C-32 at the time—now Bill C-11, which is a carbon copy of that bill—made it possible for some people to take works belonging to creators and artists without their being compensated for their work. No one here in this House would want to work for free.

Furthermore, when artists are not compensated for their work, they do not have the motivation or ability to continue to create more works. It is not only artists who are penalized, but also consumers, because they will lose the artists they love if those artists are not compensated for their work.

The current bill allows just that. The bill does not acknowledge that there are new technologies that allow people to copy music without compensating the artists. At the time, when we had blank cassettes and CDs, the artists received a levy. That is not done with iPods and MP3 players. That is a huge flaw in this bill.

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November 24th, 2011 / 10:15 a.m.


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NDP

Glenn Thibeault NDP Sudbury, ON

Madam Speaker, specifically in northern regions like mine, we are concerned about the concept of digital locks and how that would reflect on distance education. I have three post-secondary institutions in my riding. I would like to hear the member's comments on digital locks inhibiting distance learning and the education process.

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November 24th, 2011 / 10:15 a.m.


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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Madam Speaker, that will definitely be the case. I would like to thank the hon. member for his question. We recently met with university students who spoke to us about this issue. Not only will the bill harm creators and artists, but it will help large corporations use digital locks. That will keep people at home from transferring music—or electronic versions of other things like books, etc.—that they purchased legally on the Internet or elsewhere. These things would no longer be transferable because of the infamous digital locks.

What this bill does not do is fairly compensate creators. The bill also harms the education system by solely favouring large corporations. In responding to questions, the minister often lists a group of companies that support Bill C-11. And we see that as a serious problem. We cannot accept this bill as is. More and more people are seeing that it is full of flaws.

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November 24th, 2011 / 10:20 a.m.


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NDP

Malcolm Allen NDP Welland, ON

Madam Speaker, I am pleased to rise in the debate on the Copyright Act.

First, I will congratulate my good friend and colleague, the member for Timmins—James Bay, who has been working on copyright legislation for, I think, the last three Parliaments, and trying to find a way to find a balance.

It truly is a balance between those of us who are consumers and those who are creators. I must admit that I am only a consumer of materials not a creator. I can neither write songs nor do I write poetry. The members who have been in the House when I sing “O Canada” probably recognize that I do not sing that well either, at least not well enough that someone would pay for it.

However, there are many folks across our great land who are indeed creators. They write, make movies, create music and do it wonderfully well and want to engage in it as a career. They want it to be their life's work and deserve to be remunerated by that life's work. I think all hon. members would agree that they deserve that. The difficulty with the act is that it does not address those Canadian creators in a significant way that would help compensate them for all of the hard work that they do, because, indeed, it is hard work.

I do have the good fortune of having a younger brother who is a creator. He writes music and does it very well. He deserves to be compensated if that work is put on the market and sold or copyrighted. He deserves some sense of remuneration for that.

We saw in the past, levies on cassettes. I betray my age when I talk about cassettes because they are what one might consider to be the dinosaurs of the technology age, let alone eight-tracks and reel-to-reel. That would really betray our age for those of us who had a reel-to-reel tape recorder.

We have been copyrighting other folks' work for a long time. That is how we give remuneration back to those individuals who create it. It is important because we want them to continue to do the things they have done in the past, which is create new works to entertain us, because that is really what they do when we buy that material, whether it be music, a book, a movie or whatever form it happens to be. The reason we want to consume it is for personal enjoyment. If those creators are not remunerated, we will not be the beneficiaries of that entertainment because it will stop. We will lose that creative class.

That reminds me of professor Richard Florida, who is an American but who has been in Toronto for a number of years now. He wrote a report about seven years ago about the creative class and what it meant to the economy and how we could have creative class clusters. He actually used my old hometown of Glasgow as being one of the new European creative class enterprises. He talked about literally hundreds of billions of dollars of economic spinoff from the creative class. When I thought about it, it dawned on me that it was more. In Glasgow, it was the opera house. We had all these wonderful performers from around the world who sang tremendously well. Looking at the stage, one would think maybe there were 40 performers. That is probably a high number. We might wonder what the economic spinoff of that would be until we think about set design, which carpenters needed to do; lighting, which electricians needed to do; costume design required designers and the folks who make the costumes; and it goes on and on. Therefore, when we look at that creative class and the opportunities for economic development from that, it is one of the key things the government continues to talk about.

There is no question that this world has a fragile economy. Members understand that on that side, as this side does as well. One would think that we would not want to impinge upon a piece of society that can generate economic activity for us.

Denying creators an opportunity to make a living is clearly what will happen. I heard that in the previous Parliament when I had artists coming to me and talking to me about the previous bill, which was very much like this one. They talked about how the bill did not address the needs of Canadian creators.

Our legislation should be written for us, Canadian consumers and the creators of that particular piece of work, whatever it happens to be. However, it would seem that there are pieces in this legislation that are being driven by large movie producers in the United States. That does not benefit Canadian creators. That is not helping our folks who are actually engaged in this work.

Why do I say that? Well, it really hinges on one piece of the legislation, and that is what is called a “digital lock”. For some of us, digital locks seem like an odd thing. We understand the idea of a padlock. I think those of us in the 40th Parliament understood padlocks well. There was one on the front door here when the government prorogued on numerous occasions. I remember the Parliament being prorogued and the padlock being on that door more than once.

If we are equating the digital lock to prorogation in this House, where we padlocked the people's House, that is not a good thing. If we are equating digital locks to what we have seen in Parliament with time allocation and closure, that is not a good thing.

The creators are telling us that the digital lock is not for their protection and is not for ensuring they can go forward in creating new works and making a living at it.

Are we asking the creators to get a second or third job instead of simply doing the work that is in their very soul? When they create works, when they write songs or poetry or novels, it comes from deep within them. Are we going to send them off to work three shifts some place and tell them to write the book at some other time or in their spare time at night, because we will not be helping them to protect their work and get remunerated?

If we are headed down that road, I do not know why we do not just take patents off medicines. We could say that it is for the general public good and we should all get them without having to give compensation to the folks who actually have the patent. That is what we are saying about creators, that they are not allowed to patent their music. Creators ought to be able to keep it copyrighted and find a way to make a living at it because that is really what they are trying to do.

The digital locks are insidious. Young folks today, as many of us know, are extremely adept at using the digital world. Some would argue that they are better at it than us. When I say us, I mean folks who look more like me, who are somewhat mature and who do not necessarily know how the digital world works. I will freely admit that I could not transfer music from the computer to an iPod or from an iPod to an MP3. I could not do that in four months of Sundays. I do not have the faintest idea of how to do that.

I am sure I could probably learn but it is not something that I necessarily want to do. My goodness, if I were to sit down with my young nephew, who I think is about nine now, he would certainly know. It is amazing how young folks know how to do work in this digital world in such a fashion that it betrays the actual age that they are.

Ultimately, we need copyright legislation that balances us as consumers and those who are creators. We on this side of the House want to help the government with amendments to make that happen. Our copyright legislation, as it stands today, is archaic and it needs to be changed. We. on this side of the House. are willing to help the government. Many times the Prime Minister has said that if we have good ideas we should put them on the table. What we are saying to the government is that we have some brilliant ideas and all it needs to do is listen to those ideas and then put them in the legislation. We would then have a copyright act that acts on behalf of creators and consumers, and that would help Canadians across the board from coast to coast to coast.

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November 24th, 2011 / 10:30 a.m.


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NDP

Marc-André Morin NDP Laurentides—Labelle, QC

Madam Speaker, my colleague clearly explained the challenges facing creators, yet I see no reaction from the other side of the House. It defies all logic.

Are there not major economic interests behind this? For example, in the negotiations between Canada and the United States, if we offer enormous concessions to the Americans regarding copyright and distribution of cultural products in general, we might get some crumbs in return. I see no other logic behind this bill, because there is nothing in it to protect creators. This bill only protects businesses that deal in cultural products, particularly large American and multinational corporations.

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November 24th, 2011 / 10:30 a.m.


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NDP

Malcolm Allen NDP Welland, ON

Madam Speaker, my colleague is absolutely right. This is about an economic interest that comes from abroad. It does not necessarily come from inside this country because if it did, we would reward creators. If we want to drive this economy and actually put some oomph into it, so to speak, we would make sure our creators were rewarded so that they could continue to do what they do and generate economic activity. There is a reason why movie studios in Quebec, Ontario and British Columbia are competing north-south as well as east-west. It is because of the large number of dollars. Why would we want to give it away?

My hon. colleague's comments reminded me of the softwood lumber deal. We made a deal with the U.S. on softwood lumber and we have been paying ever since. We thought we got a deal and we got less than crumbs. We seem to get fined all the time. We always seem to be the ones at the bottom.

If we are not going to fight for our own creators, who will? If we are not going to stand up for the creative class in this country, who write for us, perform for us, produce the things we love to see, hear and read, who will? It certainly will not be the Americans. They will be happy to sell their stuff to us. They will not be so happy about us selling to them. The group of Canadian performers and writers will diminish when they end up having to work in other fields because they cannot make a living doing the very things they are passionate about.

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November 24th, 2011 / 10:30 a.m.


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Liberal

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

Madam Speaker, the member spoke about his brother being a creator and making a living. I would like to know how much of a living he makes. He must be making millions and billions of dollars. That is the impression of most Canadians. Every time we see entertainers, all we talk about is how many millions and billions of dollars they make, but we do not talk about the 90% of creators who actually do not make any money. Perhaps he could speak about that.

At the same time what we have to remember is the consumers' interest in all of this. What is the balance? How do we balance between making sure creators continue to create and consumers continue to have products available to them?

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November 24th, 2011 / 10:35 a.m.


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NDP

Malcolm Allen NDP Welland, ON

Madam Speaker, my brother is a graphic designer by profession. The member is absolutely right. He is part of the 90% who cannot make a living creating music, even though he has written hundreds of songs and sent them to production houses to try to get them recorded or recorded them himself.

On the other issue, the member is absolutely correct. There is a balance in protecting consumers. In questioning earlier, the member for Sudbury raised the extended education piece. When I went to university, if I had five days to read a particular article that I had photocopied, I would not get through it. Other things would get in the way. That is what happens.

Clearly there are boundaries and we need to find a way to balance the two. Consumers deserve to have material available to them without feeling under threat that they are breaking a law and that someone is going to knock on their doors to arrest them because they have broken a lock inadvertently. The lock should not have existed. Locks seem to be the answer for everything. Digital locks are the answer, according to this legislation. They are not.

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November 24th, 2011 / 10:35 a.m.


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NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Madam Speaker, it is my pleasure to speak to Bill C-11 and the good and bad things that would come from this. I am going to focus on the problem with digital locks.

There are some good things that would come from this bill. It does clarify certain things, like using a CD and putting the contents of it on one's iPod. Already owning something and putting it on a different device that is owned by the same person is no longer a grey area. There is also the YouTube clause which means that Canadians can put creative things together for private use.

A lot of what people do with media has been a grey area since 1997 when the Copyright Act was last amended, as it is for private use. As a result, it would be good to update this to international treaty standards. This would soften the blow to consumers. However, the big problem is digital locks. This issue trumps consumer rights and it does not allow people to back up any kind of media, including CDs, DVDs, e-books, et cetera, that people already own.

The problem with this is that all these new lovely things that we would take out of the grey area, making it okay for people to use these things privately, would be trumped by the digital locks. That is the major problem.That seems kind of silly.

Digital locks basically create a blanket ban. A digital lock is a piece of software designed to prevent ordinary consumers from utilizing a piece of technology in any way they see fit. Such locks, for instance, are often used to prevent people from making copies of songs and videos but they are also used to prevent consumers from installing software on their cellphones and even fixing their own cars. Similar digital locks are used on movie and software CDs, DVDs, and Blu-ray disks. This is taken from the National Post of October 27.

A company that owns the rights is to be distinguished from the creator of the art, the movie or the song. The artists or creators are not the ones putting on digital locks. It is just too expensive for them to do so. It is the companies that own the copyright, and in many cases the artist produces the work for the company. The companies impose these digital locks in order to prevent stealing.

The problem is that a lot of people are not stealing on purpose. They are simply backing up CDs or DVDs on their computers, perhaps so that their children cannot destroy them, or because they want to keep them or they want to use them on different devices. This is frustrating for the consumer. I am of the generation of people who know how to break digital locks, although I do not personally know how to break digital locks. Most of the time, when there is no digital lock we are able to back material up or copy material for personal use. Thanks to this bill, we would not be able to when there is a digital lock.

This initiative is controlled by companies. It is quite clear that we are not balancing consumer and creator rights here. We are giving a default button or a veto button to the big companies that own the rights.

Again, this does not favour the consumers or creators.

Just because people break a digital lock, it does not mean that they are violating copyright laws. If they have legally purchased a DVD on a computer or something from iTunes, it needs to be decrypted in order to be freely available for their use. It just seems silly to prevent people from using, for their own personal purpose, things that now have this lock on them.

Michael Geist stated in the Toronto Star, on October 2, that the digital lock provisions undermine any attempt to strike a balance because they create this loophole. Companies are now basically in charge of whether people can use things freely which they would otherwise be allowed to do. Most people are not breaking digital locks simply to sell millions of copies but are doing it to back material up and use it on other devices.

The digital lock rules go far beyond what is expected by international standards. I do not see why we are doing this, unless the government is simply trying to play into the hands of big companies. There has been a lot of consultation on this issue. It has been shown to be a problem, but no one in the government seems to care. It can be frustrating to see this happen, as we are trying to make good amendments or bring forward solutions and we are consulting the public. The Conservatives are not listening. This legislation does not have to be a partisan issue. We should instead care about the consumers and the creators, because we know that consuming and creating drive the economy. We have thriving artistic communities in Canada and in Quebec and we should be making the balance there, not with the companies.

It is good that the fines have been brought down, but the digital lock takes away consumers' rights. This is silly. I do not understand why the government has not changed the legislation to make it better as the NDP has been arguing.

This bill creates powerful new anti-circumvention rights for content owners. Once again, it is important to distinguish between content owners, companies against copyright and content creators. This prevents access to copyrighted works. These new provisions are supported by fines of over $1 million and five-year prison terms. This will result in a situation where digital locks will practically trump all other rights, including fair dealing for students and journalists. This presents a real threat, because consumers will not be authorized to use content for which they have already paid.

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November 24th, 2011 / 10:45 a.m.


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Conservative

Ryan Leef Conservative Yukon, YT

Madam Speaker, we are talking about balancing personal use and consumer rights with the artists' rights. When an artist enters into a contract with a company the artist receives royalties and payments. It is similar to an athlete who has a contract with a corporation. The company in some respects pays the artist's wages and purchases the artist's product or provides that contract.

We should not focus just on the selling of the product; there is the utilization of it as well. When I purchase a product, I would like to be free to transfer the music or book that I purchased to other devices. What we are trying to provide, and what the companies need, is protection so that when people download things, it is not that they are going to sell them, but that they are not going to disseminate broadly a huge collection of music or books to all their friends.

How do we go about preventing that dissemination of information not in terms of sales, but in terms of disseminating it to the purchaser's friends?

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November 24th, 2011 / 10:45 a.m.


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NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Madam Speaker, this is an extremely complicated issue. I also want to be able to use what I buy, the media content, et cetera, freely. We can most of the time, but companies can impose digital locks. It is up to the discretion of the company whether the consumer can have it, and even if the artist wants to give it, the artist cannot. That does not seem to be a good solution.

New Democrats have worked hard at bringing forward constructive solutions. I hope that the Conservatives will listen to the amendments and propositions my hon. colleague from Timmins—James Bay has made.

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November 24th, 2011 / 10:45 a.m.


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NDP

Pat Martin NDP Winnipeg Centre, MB

Madam Speaker, I want to thank my hon. colleague from Argenteuil—Papineau—Mirabel for the tone and the content of her remarks. She made some insights in the context of this debate that are sometimes overlooked from a personal point of view. I liked her emphasis on consumer rights. I liked the attention to detail that she brought to the House on those issues as they affect the consumer. Ultimately, that is why we are gathered here today, to look after the best interests of those people who gave us their confidence in the last federal election.

I would like the member to expand on a very important point that she raised. She mentioned that the arts, culture and entertainment are an engine for economic growth that perhaps gets the least attention of any economic sector in our society today. As we lose smokestack industries, where are the new jobs going to come from? The answer is right under our noses. I argue this is being dealt with very clumsily by the government and even by the regulators as it exists today. I look forward to her personal reflections on this new engine for economic growth, the creators of arts, and the entertainment and cultural industries.

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November 24th, 2011 / 10:50 a.m.


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NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Madam Speaker, I thank my colleague from Winnipeg Centre for his excellent question.

The Alliance of Canadian Cinema, Television and Radio Artists, or ACTRA, estimates that Canada's arts and culture industry contributes $85 billion per year to our country's economy. That is huge. We should really be focusing on that. On this side of the House, we in the NDP have great appreciation for Canadian and Quebec artists. The arts and culture industry generates 1.1 million jobs. This industry and these jobs depend on artists' ability to disseminate their work. So, I would like the government to work on that.

Copyright Modernization ActGovernment Orders

November 24th, 2011 / 10:50 a.m.


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NDP

José Nunez-Melo NDP Laval, QC

Madam Speaker, I would first like to commend the hon. members for Winnipeg Centre and Argenteuil—Papineau—Mirabel for their excellent remarks about Bill C-11.

I have the opportunity to once again speak specifically about Bill C-11, which was introduced to amend the Copyright Act. The Conservatives named it the Copyright Modernization Act.

In summary, the Conservative caucus once again introduced this bill, which proposes amendments that have been needed for a very long time. These amendments would adapt the act to take into account new technologies and to make it consistent with current international standards. However, this is a very complex issue because it involves the conflicting demands of stakeholders in artistic communities, universities, the technology sector, business and consumer protection groups.

Bill C-11 is identical to Bill C-32, which was introduced previously. It had the same name, the Copyright Modernization Act. Specifically, the bill creates powerful new anti-circumvention rights for content owners, preventing access to copyrighted works. In addition, these new provisions are supported by fines and prison terms.

In this bill, the Conservatives have deliberately avoided addressing the issue of a possible extension of the private copying exception, a measure proposed by the NDP several times and supported by a number of experts.

In this regard, the NDP believes that it is high time to modernize copyright rules, but that this bill has too many major problems. The NDP believes that Canada's copyright rules could balance the right of creators to appropriate compensation for their work and the right of consumers to have reasonable access to content.

We will study every possible amendment, including those mentioned by the hon. member for Timmins—James Bay, that could be made to the bill in order to create a fair system of royalties for artists.

It seems that all Canadian efforts to modernize the Copyright Act have really been attempts to meet the demands of big U.S. content owners. That is the situation. When will Canadians finally have a law that meets their needs?

We want to amend the bill so that it better reflects the interests of Canadians. Many organizations, individuals, lawyers and legislators share our position.

The list includes Michael Geist and more than 80 organizations working in the arts and culture, in Quebec and throughout Canada, such as the Writers Guild of Canada, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, and the Society of Composers, Authors and Music Publishers of Canada. It also includes eminent lawyer Howard Knopf, the Society for Reproduction Rights of Authors, Composers and Publishers in Canada, Jeremy F. de Beer and Cory Doctorow. I wanted to mention just a few of the people who have something to say about the NDP's proposals and support them.

Once again, I would like to point out that we should perhaps listen again to the excellent speech by my colleague from Argenteuil—Papineau—Mirabel. She was very explicit in her speech, which clearly captures the need to make these changes to Bill C-11 introduced by the Conservative caucus.