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

[Susan Truppe, Conservative, Parliamentary Secretary for Status of Women]

Mr. Speaker, the member opposite talks about protecting the artist. The Copyright Act did not have the means for copyright owners to protect their works. At the announcement of the copyright bill, the president of bitHeads said they were losing 90% of their sales to online piracy. Does the opposition not support a law that provides more to creators and goes after the thieves, the online piracy sites?

A creator's right to protect his or her works is important. When creators cannot get the right to make a living from what they make, they will either stop creating or move somewhere else. Why does the opposition not stand up for creators? Will the member support this bill that will help owners protect their work?

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, I thank my colleague on the other side for her question about the protection of copyright.

Unfortunately, as we have already heard, this bill does not really benefit creators. It gives more latitude and powers to major corporations. I understand and I am also concerned about piracy. However, as my colleagues mentioned this morning, young people say that they can break digital locks. The digital locks we have been talking about will not be very useful for the average creator and producer. We are not talking about stars of Hollywood proportions.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I have one preliminary remark. I simply must comment on the fact that this important debate on the future of culture in Canada and in Quebec is mostly taking place on one side of the House. No Conservative members are rising to defend the government’s bill.

The New Democrats are standing up to defend creators and artists, but the Conservatives are sitting in silence, even though it is their bill. Since they are already aware of how damaging the bill is going to be for our creators and artists, they are remaining silent, and are not bothering to explain the objective of Bill C-11. So we will do so, and we will put forward as many arguments as possible.

I also wish to say that I am very proud to rise today to speak about this important bill. I am proud for two reasons. First, I come from a family where culture is extremely important. My father is a writer and my brother is a musician. Because of this, I know just how important the five cents or so for radio airplay can be. I understand the importance of photocopies in a school. I know how important it is at the end of the year for writers, artists, singers, and musicians. We are not talking about a trivial amount. And yet, copyright—the rights of authors—is being overhauled and turned inside out by the bill under discussion today. Artists in Quebec and Canada are making a heartfelt plea, and I think it is important to listen to them.

The other reason I am proud to rise today to challenge and debate Bill C-11 is that I have the opportunity and the honour to represent Rosemont—La Petite-Patrie, an extraordinary riding where artists and craftspeople abound, where folks give things a try and have ideas, and where people want to express their point of view and their vision of the world. It is for them that I rise today, to stand up for their rights including their right to a decent life. I rise to stress how important it is to truly support artists and not pull the rug out from under them by cutting off their revenue streams, which are so important to these people who contribute to the soul of the Quebec and Canadian nations. Quite the contrary, they deserve a lot more recognition and respect.

In Quebec, there is an unprecedented outcry from artists, cultural groups and copyright collectives. I shall now list the associations that previously spoke out against Bill C-32 and oppose Bill C-11, which is a carbon copy of the Conservatives' former legislation.

Here is the list: the Association des journalistes indépendants du Québec, the Association nationale des éditeurs de livres, the Association des professionnels des arts de la scène du Québec, the Société de gestion collective de l'Union des artistes, the Association québécoise des auteurs dramatiques, the Association des réalisateurs et réalisatrices du Québec, Copibec, DAMIC, Artisti, the Guilde des musiciens et musiciennes du Québec, the Regroupement des artistes en arts visuels du Québec, the Société des auteurs de radio, télévision et cinéma, the Société de développement des périodiques culturels, the Society for Reproduction Rights of Authors, Composers and Publishers in Canada, the Société québécoise des auteurs dramatiques, the Société professionnelle des auteurs et des compositeurs du Québec, the Union des artistes and the Union des écrivaines et des écrivains québécois.

Why is this Conservative government incapable of listening to the people who are mainly targeted by this bill and who are saying that it is threatening artists' survival as well as culture in Quebec and Canada?

Why is this Conservative government incapable not only of listening, but also of speaking to artists, explaining its objectives and explaining why it is risking potential losses to creators of $75 million in Quebec alone? That is serious.

The NDP condemns the 40 new exceptions in Bill C-11 concerning the free use of works. We cannot confuse free use with access to a work. It is important to provide access, but for it to be free represents the death of the artist, who would have to find a new job. That is significant.

The Conservatives have a vision of culture, but it does not include creators. Culture is important, and they will discuss it in speeches; they will say that it is nice, it is good, but when it comes to really helping people who have good ideas, who have dreams and who want to say what is in their soul and express their vision of the world, the Conservatives slash their funding and their income. What will happen? Creators are at risk of losing at least four sources of income.

First, the new private copying system is completely obsolete.

It offers no compensation for artists. That is the first source of income that is going to disappear for artists.

Second, since 1990, there has been a levy on blank cassettes and CDs. That is because when people make a copy of a song, they download it or they make a copy of a version they get from a friend or family member or neighbour. The artist who created and recorded the song and the people at the studio do not get anything more. That is it.

That is the method everyone had agreed on so that copyright could be shared and we could ensure that the artist and the creator earned something. Now levies on cassettes and CDs have become completely outdated. Who still buys audio cassettes today to listen to music?

Why is there no adaptation to new technologies in this bill? We are told we need to modernize. Let us modernize. Why are there no levies for MP3s or iPods? That is how young people and children use their music and listen to it now. Why are artists having this taken away from them?

In 2008, $30 million in levies was distributed. In 2010 it was only $10 million. Artists lost two-thirds of transfers, and there is nothing in this bill to compensate for the copies that will be made.

Royalties are being abolished for ephemeral recordings by broadcasters. In this case they will stop paying $21 million to artists and people in the music trades. This is serious.

As well, schools and universities have to continue doing their share to support writers, the people who supply the materials found in their libraries. That represents $10 million a year. This system has existed for a long time. It works well. We do not understand why there is a need to pick it up, tear it apart and throw it on the ground and offer no support or other compensation for artists in this regard.

So we are very concerned. The Conservatives have already cut programs that enabled our artists to go on international tours, to get exposure abroad and to take Quebec, Canadian or aboriginal culture around the globe. They have already cut that support. Today, they are cutting directly. The Conservatives are directly attacking the incomes of artists, writers, singers and creators. That is unacceptable to us.

I also wanted to stress the fact that by eliminating or jeopardizing the payment of significant amounts to creators, Bill C-11 also contributes to weakening all the copyright collective societies, and yet these societies are an essential link in the administration of copyright.

UNESCO has said of copyright collective societies that they are “one of the most appropriate means of assuring respect for exploited works and a fair remuneration for creative effort of cultural wealth, while permitting rapid access by the public to a constantly enriched living culture”. That is a quote from UNESCO. Obviously, once again, the Conservative government is refusing to listen.

Creators’ incomes, and the very existence of copyright collective societies, are thus jeopardized because of this government’s determination to promote a single business model: the digital padlock, the digital lock, putting locks on works.

Artists do not want their works to be locked. Artists want it to be possible to distribute them and download them, but they want something in return. They want their songs to be listened to by as many people as possible, but they want to get something in exchange.

In Quebec, Luc Plamondon has been clear on this. We thought copyright was recognized by people in our society. But today, copyright is being hurt. And all the artists are the ones who will be hurt. Culture as a whole is also at risk.

Once again the government has given in to the siren songs of big business, which seems to be the only winner with Bill C-11, a bill that is totally out of whack. There are winners—the major movie studios and the U.S. movie studios. Contrary to its claims, the government is not protecting creators; it is attacking them directly.

I will stop here, but I have a great deal more to say. I urge our colleagues opposite to listen to artists, to hear their appeals and to support culture by accepting the NDP amendments to improve this bill and make it a real bill that will modernize copyright by moving into the future and not returning to the dark ages, as Marie-Denise Pelletier said in Quebec.

[Susan Truppe, Conservative, Parliamentary Secretary for Status of Women]

Mr. Speaker, the member opposite talked about new technologies. We know that the Association of Universities and Colleges support this bill. It said:

This bill reflects a fair balance between the interests of creators and users of copyright works and is a positive step forward for university communities across Canada. It clarifies important questions and will help ensure students and learners have access to the content they need, including digital material.

The Copyright Act currently permits certain uses by educational institutions, in many cases without payment to the copyright holder. The bill makes many of these flexible for use in the future by removing references to specific technologies such as flip charts and overhead projectors, and introduces new exceptions to facilitate new models for education outside of the physical classroom.

Does the hon. member agree that the Copyright Act must adapt to new and emerging technologies, reinforcing the government's significant investments in the Internet, infrastructure, education and skills development?

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, do we need to modernize the act? Yes, of course. Are some parts of the act outdated? Yes, of course. Is this a balanced bill that takes into consideration consumers, students and artists? The answer is no. This bill is completely unbalanced and represents a backward step for copyright and artists' compensation.

I believe I was quite clear in my presentation. All the associations that represent these people, in Montreal and the rest of Quebec, have told us that they are very worried and that their income will drop. There may be a group somewhere that is happy, but that does not mean that this bill makes sense, that it moves our society forward and that it promotes culture. On the contrary, we will be taking a step backward. This is an unbalanced bill that only benefits big business. Universities and the education sector do not accept this exemption. They can and they must continue to compensate the people who produce the works that they use.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, the Conservative member brought up an example of how it was supported in one way. My hon. colleague had a point in saying that one person's version of fair and balanced was not necessarily fair and balanced for another stakeholder in the same group. Therein lies a broad exemption. We need to apply a test by which it would not have commercially bad implications for creators.

There are three steps in the Berne convention. This is a clear and concise way of saying that if we use this exemption and by using it, we would impede the commercial potential of a particular creator's book, for example, then that is wrong. That is not the point of the exemption. Other countries have worked their way around this and talked about it.

Not all stakeholders involved have been heard in this regard. We have different opinions from wide-ranging stakeholders, the stakeholders about which the hon. member spoke. Would he support the idea that we still have not heard enough from the people affected by, say, just the education exemption?

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I thank my hon. colleague for the question. We do not want to leave any stone unturned, because many of the issues regarding Bill C-11 are very important.

The Conservative government would benefit from broader consultation, a broader public discussion. But that does not appear to be what this government wants. Instead, it prefers to steamroll everything and suppress debate. It refuses to discuss things or listen to anyone else. It is unfortunate, because this affects a lot of people in many sectors and many areas of activity in our society. This will be a fundamental issue in the years to come.

We must therefore take the time to conduct a thorough study, look at what is being done in other parts of the world, assess the interests of everyone involved, including creators, consumers and people in academia—both educators and students—and ensure that we have the best, most comprehensive bill possible, one that takes everyone's suggestions into account.

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

Mr. Speaker, today we are debating Bill C-11, An Act to amend the Copyright Act. I am part of the generation that was born with technology at our fingertips. I think many of the members on this side of the House are part of that generation and have had digital technology at their fingertips from birth. We have a great deal to offer this government, thanks to our vast experience with digital technology, when it comes to its future in relation to copyright. Any time we talk about copyright, it invariably concerns this technology.

Seeing any initiative to modernize copyright makes me very hopeful. However, when I open this bill, I see many shortcomings that will or could create problems. When I get up in the morning, I organize my entire day on my smart phone. I organize all aspects of my day, including my work, my personal life and my family life. It is also my source of entertainment. My entire world is becoming digitized and will become even more so.

Right now, I have the notes for my speech on a tablet computer. I can transfer data on my tablet, which I can take with me, to my office computer or to my desktop at home, for personal use. In this bill, there are grey areas with regard to the transfer of data that we purchase for personal use. We do not know exactly what will happen. That is one of my concerns about this bill. We do not know what we will legally be able to do with products we have paid for.

I am now going to talk about the impact that this bill will have on the school system. When I finished school—high school, college and skills training—I kept all my notes and all the relevant manuals that I bought or that were given to me at school. There are many that I still use. If today's students cannot use information for more than 30 days during their studies, how will they be able to do reasonably good work without paying even more? They should at least be able to use the information that they purchase throughout the entire course of their studies.

In the past, people had to fight over the two or three copies of a book that the university had and that they needed for their studies. Today, universities have implemented systems to solve this problem. The last thing we want to do is throw a wrench into this system, as my colleague mentioned earlier. We also do not want to impose time limits on the use of information that people will obtain in the future.

I am part of the generation that grew up with this technology. How can emerging artists, who are often young people, succeed if they reap hardly any economic benefit at all from their new creations? Royalties were paid to artists on videocassettes and CDs when they first came out, and that is still the case today. However, artists are receiving fewer and fewer royalties and eventually they will no longer receive any at all. It would be nice if we could adapt royalties to new technology. For example, artists could be paid royalties for every digital player to which their content is added.

That is something that is not in this bill. It complicates the lives of emerging artists, which are complicated enough as it is. These artists are not as well-off and they are unable to profit from their creativity and earn a living from it.

There is something else that I find a little disturbing. My colleague who spoke before me addressed this issue, which is the attitude of the current Conservative government. Right off the bat, with every bill, it systematically moves a motion to limit debate—a gag order. The government did it again with this bill. On this side of the House, we want to debate. We rise to defend our points of view, but right now we are faced with a government that does not even rise to defend its own bill.

It would be interesting to hear the Conservatives' arguments about why we should vote in favour of this bill. At the same time, we could propose amendments and they could listen in order to improve the bill. Because we agree with the idea behind it. We want to modernize the Copyright Act. However, there are some parts that need to be improved. It would be nice if the government changed its attitude a bit and was more open. It could include us in the debate, because we can do a lot to improve the bills it introduces, and it could see the other side of the story.

I want to briefly come back to the fast-changing digital technology that uses a host of products for all sorts of possible purposes. We cannot adopt just one measure for all these different products on the market. For example, if I get a product from a provider, I want to be able to keep the product I purchased, even if I have to change providers. New products come on the market and some might be compatible. If I need a new tool that has just come on the market, but my provider does not use that service, I have no choice but to change how I use my tools and change providers. Nonetheless, I want to keep my tools.

These examples show that we cannot have just one measure for all the tools we might use. There remains some work to do, because there are some matters that are not addressed in this bill.

In closing, I would like to come back to the government's current attitude. We, on this side of the House, have a lot to bring to this bill, and many others, because we are talking about the future of our country in terms of technology. That is the case, for example, with the bill on our institutions. The future of our country is at stake. It would be worthwhile to talk about this at greater length and to listen to what people have to say.

[Susan Truppe, Conservative, Parliamentary Secretary for Status of Women]

Mr. Speaker, I bring to the attention of the member opposite that currently those who violate copyright can be found liable for statutory damages from $500 to $20,000 per work. If people illegally demand five songs, for example, they could theoretically be liable for up to $100,000. Under this bill, those who infringe for non-commercial purposes would be subject to a total award of statutory damages of $100 to $5,000.

Does the hon. member agree with this approach of ensuring that Canadians are not subject to unreasonable penalities for infringement for non-commercial purposes?

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

Mr. Speaker, in fact, I was just saying that there are good measures and bad measures and grey areas in this bill. We do not disagree with everything. We have to stand up together and debate the bill in order to improve it and add things that are missing. Unfortunately, judging by the question from the hon. member from the government side, it seems she was not listening to what I was saying. She seems to be asking only about measures that the Conservatives happen to think are good. They are not listening to what we are proposing in order to improve their bill.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, earlier the Parliamentary Secretary for Status of Women quoted from the Association of Universities and Colleges of Canada, AUCC, with respect to how much it is in support of the bill.

Interestingly enough, last week a number of us had visits from students. The students raised a very serious issue around digital locks. They said that after five days the digital lock will have them destroy their notes, and after 30 days professors who use material will have to destroy their course notes.

I do not know many students who do not refer to their material when it comes time to study for exams. I do not know many professors who, when they give their course in the following year, do not refer back to material they have previously used.

Could the member comment on the fact that this particular piece of legislation, as it is currently written, will have a serious effect on the ability of students to study and and on the ability of professors to do their jobs?

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

Mr. Speaker, it will have short-, medium- and long-term effects.

As I said in my speech, I have kept my course notes and textbooks. I remember what is in them. I do not necessarily remember the details, but I remember that a certain textbook can answer my question and I will look it up. It might be a historical fact or something else. During the education process, if we succeed one year, we continue to delve deeper in our studies the following year, but we will still need past information. So, yes, this has immediate as well as medium- and long-term effects.

[Mike Lake, Conservative, Parliamentary Secretary to the Minister of Industry]

Mr. Speaker, the hon. member and several of his colleagues have mentioned levies and taxes on iPods. I think it was around 2008 that the collective suggested to the Copyright Board that the levy should be $75 for any device over 30 gigabytes. That was a few years ago.

As the NDP has put forward the idea of a levy, does it think that number still applies? Given that it was three years ago, maybe it should be a little higher.

I am curious to hear the hon. member's take on that idea.

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

Mr. Speaker, I thank the hon. member for his question.

No, I do not believe that $75 is a reasonable amount. However, I do feel that there should be a levy on those types of products. The NDP also believes that. I particularly like—“like” being one way of saying it—the way the hon. member delivered his question. He spoke about an tax on iPods. That demonstrates the government's attitude and desire to create an image surrounding the proposals that would create a balance between the rich and the less fortunate people in the industry. Some people like to use the word “tax” to scare people, but in reality, it is not a tax. The same decision to deal with this issue was made some time ago for blank videotapes and CDs. We did not have to pay $50 for a videotape to record our shows.

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

Mr. Speaker, I rise today in the House to oppose the bill on copyright modernization.

It is clear that the Copyright Act needs to be amended in order to reflect our changing technology and ways of communicating in Canada. We are witnessing the transformation from print media to digital media, which has caused a profound change in the way Canadians interact with their political environment, their society and their cultural context.

In Canada, creativity, innovation, and vision are born where people live and where they identify as Canadians. All artistic works, whether they be musical, literary or in the visual arts, are based on the experiences that people have in their native regions and these experiences are important.

In my riding, Gaspésie—Îles-de-la-Madeleine, artists like Kevin Parent, Jean Lemieux, Stéphanie Boulay, and Madelinots like Georges Langford, Sylvain Rivière and many others help to share our culture with those outside our region.

Indeed, cultural events such as the festivals that take place in the Gaspé and on the Magdalen Islands are important economic and social forces in the region. Moreover, these events encourage artists to continue to be creative.

For example, the Festival Musique du Bout du Monde is one of the most popular events in my region. Held in the Gaspé, this festival showcases world beat music and also provides a forum for cultural exchanges between the Gaspé and the various cultures of the world. It is a very popular festival.

Amending the Copyright Act may have an impact on our festivals. La Virée in Carleton-sur-Mer is a festival that showcases the cultural customs of the Quebec tradition of storytelling, music and traditional dance, and circulates them more widely.

The Festival International Maximum Blues, which also takes place in Carleton-sur-Mer, is one of the best-known festivals in the region. Each year the festival presents over 50 shows.

The Festival international Contes en Îles is a major cultural event for the people of the Magdalen Islands. This storytelling festival takes place in the fall. In just six years, it has become one of the major storytelling festivals in Quebec.

These festivals are crucial to the economy of the Gaspé region and to the cultural and social development of the Gaspé and Magdalen Islands.

Unfortunately, Bill C-11 will deprive artists, such as those behind the festivals in my riding, of millions of dollars in revenue and will erode the market. This bill includes a long list of exceptions that do not adequately recognize the rights of creators. In fact, these exceptions create new ways for consumers to access protected content without simultaneously creating new avenues through which to compensate creators for the use of their work.

It seems that all the efforts put into reforming the Copyright Act in recent years have not been intended to create a balanced system that takes into account the rights of creators and those of the public. Instead, these efforts have constituted attempts to meet the demands of the major U.S. content owners. I am referring, for example, to film studios and record companies.

We all know that the vast majority of businesses in Canada are small, local or family businesses. The vast majority of artists are independent and local. These are the artists who transform culture and society and who sow the seeds, yet it is the multinational entertainment industry that reaps the financial rewards.

Canadian copyright legislation can succeed in striking a balance between the right of creators to fair compensation for their work and the right of consumers to reasonable access to content. This bill grants a number of new privileges in connection with access to content, but does not provide any alternative method of remuneration for artists.

That will have a significant effect on artists’ ability to survive. The copyright modernization bill gives with one hand and takes back with the other.

Although the bill contains some concessions for consumers, they are undermined by the government’s refusal to adopt a compromise position on the most controversial copyright issue in Canada: the provisions relating to digital locks.

In the case of distance education, for example, the provisions of the new bill mean that people living in a remote community would have to burn their course notes 30 days after downloading them. That is not an improvement over the present situation and not an appropriate use of copyright rules. A lot of people in my riding count on distance learning to finish their education. The idea that students would lose access to their course notes after 30 days is completely ridiculous. Does that mean that 30 days after a student finishes a course, the knowledge and skills they learned are no longer needed?

As a university graduate, I still have a lot of books that I bought for my studies. I have had some of those books for more than 20 years. Should I burn them? Are my university studies no longer valid because the 30 days have expired?

Will students who do not burn their notes be convicted of violating the Copyright Act? Are they going to be sent to the new prisons we have just built?

The NDP is proposing that the clauses that criminalize removing digital locks for personal, non-commercial purposes be withdrawn from the bill. We support reducing the penalties for people convicted of violating the Copyright Act, since that would prevent excessive prosecution of the public, a problem that exists in the United States.

The Conservatives have ignored the opinions of the experts who testified in committee and the conclusions of their own copyright consultations in 2009. As a result, they have presented a bill that could cause more harm than good.

The NDP believes it is high time to modernize the Copyright Act, because this bill presents too many blatant problems.

I am waiting impatiently for the return of the festivals in my region so I can once again participate in the emancipation of the culture of the Gaspé and the Islands, and also of Quebec and Canada. Our culture is always threatened by our powerful American neighbour, which will always have more resources than we have and has always had a louder voice. American multinationals are given preference in this bill. Artists’ small businesses in Canada are largely small and medium enterprises. They are family businesses and regional businesses. The bill before us is going to affect the regions significantly.

We often seem to be under attack from the Conservatives. They constantly try to make us pay for the economic crisis. The people in the regions are starting to get a little impatient with waiting for the Conservative government to give them a hand. The artists in my region cannot improve their situation with the bill before us today. They are going to lose an enormous amount.

We should really be working together to protect our local culture. That is the real Canadian culture, a culture that exists in spite of all these economic and political forces. It is just about time for us to work together to restore balance here in Canada.