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

[Tyrone Benskin, NDP, Jeanne-Le Ber, QC]

Mr. Speaker, we have seen the benefits that properly remunerating artists has had. Canada is second to none in the creative industry, in the music industry, and even in the film industry as we grow. That begins to create a Canadian voice in the world.

Much of what the world learns about another nation or another culture is through the entertainment arts, such as film, television and music. Canada's voice is being heard loud and clear, and has been over the last couple of decades due to the fact that artists are remunerated in such a way that they can focus on their art.

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, we look at what is going on today with time allocation, and some of the other issues, for example, the dysfunctional behaviour of committees, the manoeuvres used in camera at committees, and the constant time allocation motions brought in by the government, and it tells us that we have debated the issues time and time again in the House. It leads me to wonder whether the members opposite are getting bored, but Canadians are not. They want their voices heard.

We are debating a very complex bill here, yet for the pooled retirement pension plan legislation we only had two members speak to the bill before the government moved a motion for time allocation.

These are very serious implications. I wonder if my hon. colleague could speak to the serious implications of the serial use of time allocation.

[Tyrone Benskin, NDP, Jeanne-Le Ber, QC]

Mr. Speaker, time allocation has been a problem. It has been used more often than need be.

Bills of this complexity, whether they be on the PRPP or copyright, need time. We are constantly hearing that the debate has gone on for a long time or a number of years. However, there was a historic shift in this last election whereby approximately 110 new members, including members on the government side, were elected who had not taken part in the prior debates. For that reason alone there needs to be a thorough debate of the bill.

Any bill that has such complexity and such division needs to be debated until consensus can be found.

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

Mr. Speaker, it is quite ironic that the opposition members keep talking about closure, yet when they have the opportunity to put up new speakers to speak to the bill they actually do not do that. They put the same speakers up to speak more than once. I know that the opposition critic has spoken twice on this legislation. Many other members have spoken twice on the exact same piece of legislation. They do not seem to be so concerned about getting their new members involved in the debate.

How does the member justify the fact that what they are trying to do is actually delay a bill that is so important to the Canadian economy and to artists? How does he say on the one hand that he wants to protect artists but on the other he is against the protections that this bill puts in place for artists and creators?

[Tyrone Benskin, NDP, Jeanne-Le Ber, QC]

Mr. Speaker, I reject the premise of the member's question because this bill does not protect artists.

Although the government may view this as a delay tactic, which just demonstrates the government's frame of mind, it is not a delay tactic. We are asking for a proper debate on the bill.

There is no point in passing a bill which is so flawed that it will damage the industry as opposed to help it. If we are to pass a bill, let us pass one which is in good, solid form.

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Mr. Speaker, I am pleased to have this opportunity to voice my support for the copyright modernization act.

Our government recognizes how important copyright is for Canada's creative industries. In the Speech from the Throne, we committed to introduce and seek swift passage of copyright legislation that balances the needs of creators and users. I have had a lot of discussion in my riding with groups of creators and artists and they are very pleased that our government created this opportunity to pass this legislation as soon as possible. Bill C-11 delivers on this commitment.

Creative industries help drive our nation's economy. The Conference Board of Canada has estimated that culture generates roughly $46 billion in economic activity and accounts for 3.8% of the country's gross domestic product. It estimated that in the same year, Canada's creative industries employed more than 630,000 people. This is a significant contribution to the vitality of the Canadian economy.

Canada's creative industries depend on a strong intellectual property regime, one that protects their interests and gives them the certainty they need to develop new products and services. This is why our government has introduced legislation that will provide our creative industries with a clear and predictable legal framework.

Bill C-11 contains a number of important provisions that will help Canada's creative industries reach new markets. It will also help them to roll out new business models. It will provide them with the rights and protections they need to flourish in the digital economy of today and tomorrow.

In this context, I would like to mention that one of the great companies in Hamilton, PV Labs, a leader in high-end image acquisition and analytics, will receive an Academy Award in Hollywood tomorrow for the concept, design and implementation of the Pictorvision Eclipse, an electronically stabilized aerial camera platform. That is the type of thing we are looking for. We are looking to promote our creative industries.

The bill proposes a new making available right for performers and producers of sound recordings. This will allow copyright owners to control how their works are made available online. Copyright owners will also be given distribution rights. These rights will enable them to control the first sale of every copy of their work.

Performers will be given moral rights. These rights will ensure that their performance is not altered in a way that harms their reputation.

Photographers will also be given the same rights as other creators. They will be the first owner of copyright in their photographs and they will receive the same benefits as other creators.

The bill implements the rights and protections of the 1996 World Intellectual Property Organization Internet treaties. This will bring Canada in line with its G8 partners and most of the major economies of the Organisation for Economic Co-operation and Development. It will also help open up new trade markets for Canada's creative industries.

With Bill C-11, Canadian industries that depend on digital locks to protect their works will have the support of the law to do so. The Internet and digital technologies provide copyright owners with new opportunities to increase their business. However, they also carry a significant risk as they can also make copyright infringement easier. This is why some copyright owners choose to turn to digital locks to protect their content.

Software producers, video game producers and movie distributors have told our government that digital locks are an important part of their business model. They use digital locks to protect the significant investment they make in developing new products.

Canadian jobs depend on the industries' ability to make a return on their investment. These industries need to have the protection of the law. Bill C-11 sends a clear message that copyright infringement is unacceptable. It is detrimental to the growth of Canada's creative industries.

Bill C-11 recognizes that the most effective way to stop all online copyright infringement is to target those who enable and profit from the infringement of others. Here I am thinking of illegal peer-to-peer file sharing sites. Bill C-11 would target these sites. This would help support the development of legitimate downloading and streaming sites in Canada. This would ensure that our creative industries continue to make an important contribution to the vitality of Canada's economy.

Our government also recognizes that it is important to balance the needs of Canada's creative industries with those of users. That is why Bill C-11 includes copyright exceptions that recognize uses of copyrighted material that are reasonable in the digital environment.

These exceptions serve the public interest and are responsive to the challenges and opportunities of the digital age. I would note that these exceptions have been carefully designed to be technologically neutral and to ensure that they are restricted to the activities they were intended to permit. For instance, the bill would allow Canadians to record TV programs for later viewing, to copy music from CDs to MP3 players or to back up data if they are doing so for their own private use.

Bill C-11 also includes a number of measures that would allow educators and students to take advantage of digital technologies. For example, it would allow educators to use publicly available material from the Internet. Teachers would also be able to connect with students in remote communities across the country through technology enhanced learning.

The bill would also expand fair dealing for purposes of parody and satire. This mirrors a number of other jurisdictions in the world. This would recognize the importance of these acts in the creative process. By allowing these and other activities, our government is demonstrating that it recognizes that many new digital technologies have become commonplace and are a regular part of Canadians' lives. Our government believes that all Canadians, users and creators alike, will be well-served by more clarity and predictability and sufficient flexibility to adapt and take full advantage of new technologies.

The copyright modernization act is an essential part of our government's digital strategy. This update to Canada's Copyright Act is needed. It would give our creative industries the tools they need to protect their investments, reinvest in future innovation and create new jobs for Canadians. This legislation would also help Canadians better address the challenges and opportunities presented by the digital age. For these reasons, it needs to be passed by this Parliament as soon as possible.

I want to congratulate four of our software creators and engineers who, tomorrow, will receive their academy award in Hollywood: Mr. Michael Lewis of PV Labs; Greg Marsden, L-3 Wescam; Raigo Alas, a PV Labs contractor; and Michael Vellekoop of PV Labs. They will all be honoured for their engineering and software advances of gyro-stabilized aerial camera platform specifically designed for the motion picture industry.

In that context, Bill C-11 would help those creators of those innovative products to be on the front edge of technology. It would put Canada in the forefront of technology in digital format information.

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

Mr. Speaker, I am pleased that my colleague had the opportunity to speak today considering the limited time for debate due to time allocation. It is unfortunate that more people will not be able to speak to this legislation because it is important to our artists.

My colleague said that our performers would be properly protected under the bill but I would challenge him on that. Rural performers in my riding are very concerned about the bill because they do not think it will protect them. They believe that it would protect the entertainment industry but not that it would protect the performers.

I wonder if the member could tell me how the bill could be amended in order to properly protect the interests of our performers, especially performers in rural areas.

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Mr. Speaker, we have had a lot of debate on copyright. I have some statistics for my hon. colleague. In the previous Parliament, the bill had 6 hours and 50 minutes of debate and a total of 17 speeches. In the committee, it had 39 hours in a total of 20 meetings. We had 78 organizations and 122 different individuals appear.

Bill C-11 has been debated for 20 hours and 50 minutes, with 74 speeches.

I am an engineer. I am looking forward to passing the bill at second reading and sending it to committee where we can debate it and where, I hope, some of the concerns will be addressed. We need to move forward.

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

Mr. Speaker, I would not want to question the member's sentiment toward getting this passed quickly and getting on with the modernization of copyright laws in light of trade agreements, such as what we are doing with the European Union.

However, the issue is that when the government first made the attempt to bring the legislation into this House it died on the order paper. When it came back, changes were made. I do not think the government is totally against changes that are fundamental, but this time around it is. I am not quite sure why.

The government has heard from many witnesses, and the member just illustrated all the witnesses and all the testimony, but not one change was made.

The government said that it was open to technical amendments, although I am not sure it is, but in order for these to pass, they should have gone to committee before second reading. A lot of these amendments may not qualify because we have already accepted the bill in principle.

Perhaps the member would like to comment on why the government did not put it to committee already?

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Mr. Speaker, instead of always opposing what our government is saying, the other parties should put forward some interesting proposals instead of always trying to contradict what we are doing.

We need to go forward. Obviously, if the members have good proposals, they will be taken into consideration by our government.

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

Mr. Speaker, it is somewhat odd to hear the NDP member talk about time allocation. I note that he has actually spoken to the bill twice, taking up a slot of the onslaught of NDP members who, apparently, want to speak to this bill.

I wonder if the hon. member for Pickering—Scarborough East could talk about some of the dangers to the Canadian economy of the reckless NDP attitude to filibuster this bill, hold it in the House and not allow it to go to committee so that we could actually hear from more witnesses, perhaps consider some technical amendments, such as the Liberal member noted, and bring back a bill that works for Canadians and that protects our artists and our creators?

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Mr. Speaker, the member is right. We do need to move forward. There will be serious dangers if we do not update our copyright laws. They are outdated. We were working through 15 years of issues. The world is moving forward. We need to be able to capture the changes and to use them to protect our own creators, like the company in Hamilton that is listed in the motion picture awards.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I feel very honoured today, as the member for Beauport—Limoilou, to be one of the few members who is able to speak in the House about this bill. In fact, it is completely shameful that the government is imposing a gag order to basically prevent us—one could even go so far as to mention censorship—from offering our suggestions and stating the reasons why we are concerned.

As long as this dialogue of the deaf continues, we will continue to make and reiterate our suggestions and those that Canadians have expressed to us directly. Let us be fair. Abusing gag orders and using them repeatedly is a cowardly way for the government to avoid doing its duty in the House. That is a fact.

I will now focus on Bill C-11. I would like to seize this opportunity to talk about the economic impacts we can expect if this bill is passed. Members will have noted that this is a topic that I am particularly concerned about and that I have spoken about in the House many times. Unfortunately, the Conservatives were listening only half-heartedly, if at all, except to sometimes hurl insults.

What is truly a shame, what is truly unfortunate is that many aspects of the bill that we are debating today, as it now stands, are valid, in whole or in part. We could agree on these aspects or request certain amendments.

However, the members opposite refuse to listen to what we have to say about the other aspects of the bill, which are a cause of great concern to us and which we oppose because of the damaging, if not completely unfair, impact they would have on all Canadians. It is truly appalling.

The debate on Bill C-11, like all debates in the 41st Parliament, shows just how dysfunctional the House of Commons has unfortunately become. If I take the liberty of using that word, it is because it has already been used in the past to call an election and to try to muzzle the opposition.

I am here because I am deeply concerned about certain specific aspects of the bill. In fact, I would like to raise two specific issues, two aspects of the bill that are of great concern to me. I am completely shocked that members of the government party are defending these truly negative aspects of the bill so strongly.

I would like to begin with the first aspect. The scope of digital lock protection under C-11 is huge. It is absolutely unbelievable. In fact, one has to wonder for which particular interests the government is working so hard.

Yesterday, when speaking about the motion we had the honour to move, I condemned the government for abandoning not only workers and pensioners, but all Canadians, because of the flaws in the Investment Canada Act. At present, anyone is more or less completely free to steal jobs, intellectual property, our heritage and our resources, right out from under our noses. These resources belong to all of us. The digital lock protection proposal goes so far that it is practically a submission. The word is not too strong. The government is imposing something that is almost a submission to special interests, particularly foreign interests.

There are other repercussions. Such broad protection could cause other problems because it would not respect certain provincial jurisdictions. This would even have legal repercussions concerning some aspects of our Constitution. This protection, this advantage, could go so far as to create a quasi-oligopoly among the multinationals that hold the copyright to certain works.

What would be the result? It is a basic economic principle. When an oligopoly exists, as is the case in other industrial sectors and areas of economic activity, we can expect upward pressure on prices. All of us, ordinary consumers, all Canadians, would pay the price because a very small group of copyright holders would impose their rules, their prices and their distribution limits on our market. This could have unbelievable and devastating repercussions. We must be aware of this. Time allocation is nothing short of an outrage, because it prevents us from examining all the repercussions of this bill. It is truly unbelievable.

There is something else that I find ridiculous. I would even laugh about it, if not for the truly serious consequences of the penalties for those who try to circumvent a digital lock. How can we support the potential criminalization of users who may be students or grandmothers? I know many women over 60 who use the Internet and the new tools a great deal. They could be fined up to $1 million and sentenced to up to five years in prison for circumventing a digital lock deliberately or inadvertently, as it might be someone in their family or circle of friends who did it.

A two-year prison sentence results in a criminal record, which precludes travel to the United States, for example. Such a harsh sentence for circumventing a digital lock? Where is the logic? How can the government defend this measure and threaten thousands of Canadians with such a stiff penalty? This is definitely like using a sledgehammer to kill a fly. I realize that the government has shown rather poor judgment in its decisions, such as the procurement of military equipment. We are trying to reach out and offer our help so that it makes better choices. But this is going too far.

The government's complete unwillingness to listen and its very disrespectful answers show the extent to which this government is against Canadian society. Its contempt for most members of this House is unacceptable behaviour and cannot be condoned by anyone. Our concerns are legitimate. We are not asking the government to reject all of Bill C-11; we are just asking that it listen to us. We spoke to specific groups and we want to make amendments. We even want to work with the government because, I repeat, the bill contains some valid elements. These elements will fall by the wayside and this government, as it often does, will not hesitate to accuse us in a backhanded and malicious way of voting against this bill.

The government is refusing to listen to us and will make millions of Canadians pay. This type of behaviour must stop. If the government continues to act this way in the next four years, it will pay a high price. I will personally see to it.

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

Mr. Speaker, that is another member who spent a lot of time talking about the lack of potential debate on this. However, he has spoken to this bill already once before. My first question is, why is he taking a spot from one of the new members of the NDP caucus who might actually want to speak to the bill? If there are so many members of the NDP who want to speak to the bill, why are the same members speaking to this bill over and over again?

My second question for the hon. member is this. How far will the NDP go in its reckless policies to delay this bill and make sure it does not go to committee so it cannot hear more witnesses or make amendments? How far will it go in hurting the Canadian economy for the extreme left-wing ideological bent that it keeps bringing to this place?

Does he deem to protect creators in legislation going forward? If he does not support technical protection measures, how does he deem to protect creators and artists going forward?

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, my answer to the member is simple. I am a father. Sometimes, when dealing with certain behaviours, we must keep repeating ourselves. We will not hesitate in the least. If the government continues down this road, I believe that millions of Canadians will say again and again that they no longer accept this at all.