This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.
Christian Paradis Conservative
This bill has received Royal Assent and is now law.
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.
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.
Joyce Murray Liberal Vancouver Quadra, BC
Mr. Speaker, according to recently leaked diplomatic cables, some parts of this copyright bill were designed to address the concerns of American industry instead of the concerns of Canadians, including digital locks.
Does the hon. member expect American industries to exert this type of power in the future? What sort of precedent does this set? I would like to know what he thinks about this.
Raymond Côté NDP Beauport—Limoilou, QC
Mr. Speaker, I want to thank the hon. member for her very relevant question. Yesterday, I was watching the Radio-Canada show Enquête, which was reporting on the scandalous behaviour of the authorities and their accomplices in the asbestos industry. We saw exactly the same thing with the tobacco industry. It is absolutely unbelievable. I want to thank the hon. member because she is exposing the same modus operandi, the same danger to the general public. It is scandalous to subject some 34 million Canadians to some very narrow special interest groups.
Pierre-Luc Dusseault NDP Sherbrooke, QC
Mr. Speaker, I am pleased to have heard my colleague speak to this bill. It is important for the opposition to express its point of view and be heard. I thought it was rather ironic that the hon. Conservative member asked the opposition earlier to propose things and tell the government what it wants, when the government turns around and limits debates. This is not the first time it has done so. It is rather ironic that the government asks us to propose things and then tells us it has heard enough and it is going to do whatever it wants.
Does my colleague believe that the government wants to listen to us when it is limiting debate and introducing unbalanced bills? Every Canadian I have talked to says that this bill is not balanced and it should be amended. The government is not listening to us and it is limiting debates.
Raymond Côté NDP Beauport—Limoilou, QC
Mr. Speaker, I thank the member for Sherbrooke. I would encourage him not to be shy about telling the government a thing or two just because he is young. This bill, like many others, will affect his future for a long time to come. He has every right to speak up. I strongly encourage him to participate, and I very much admire the work he is doing here.
Copyright Modernization ActGovernment Orders
February 10th, 2012 / 12:50 p.m.
Conservative
Blake Richards Conservative Wild Rose, AB
Mr. Speaker, I am very pleased to rise in the House today to speak to the government's bill to amend the Copyright Act. Bill C-11 fulfills a commitment we made in the last speech from the Throne to reintroduce and seek swift passage of legislation to modernize Canada's copyright laws.
It has been more than a decade since the last major update of the Copyright Act. In this time, the Internet and other forms of new media have radically transformed the way in which Canadians produce and access copyrighted material. This transformation is ongoing. Technology continues to evolve at a rapid pace. Apps for mobile devices continually improve our access to content. Tablet devices allow readers to access e-books, e-magazines and all kinds of other content. They also allow doctors to access online services to offer diagnoses for their patients. These are just a few examples of how content moves quickly to newly adopted technology.
It is important to point out that all of these services involve copyrighted material. That is why the government would modernize Canada's Copyright Act. The reforms that we are proposing would go a long way to strengthening the tools that Canadian creators and innovators need to protect their work and grow their businesses in this digital economy. This legislation would update the Copyright Act and bring it in line with advances in technology and current international standards.
We are taking a common-sense approach to these updates. I am proud to say that both content creators and Canadian consumers would benefit from the proposed amendments. With these changes we would ensure that the Copyright Act supports innovation and attracts investment and jobs to Canada.
The government first introduced the copyright modernization bill in June of 2010. Before being dissolved, the legislative committee that studied that bill heard from more than 70 witnesses and received more than 150 submissions. Over the course of the hearings two clear messages emerged. First, the committee heard that the bill balanced the interests of various stakeholders. Second, the committee also heard that Canada urgently needed to pass legislation to update the Copyright Act. Therefore, our government is proposing a uniquely Canadian approach to copyright reform. The approach takes into consideration the views of all Canadians.
Canadians from all walks of life understand the importance of copyright. They are concerned about the impact of copyright on their daily lives. They recognize the importance to the digital economy and Canada's global competitiveness. The bill before the House reflects a common-sense approach. It reflects the interests of consumers and of rights holders alike.
Canadians have told us that Canada's copyright regime must take into account technology that does not even exist yet. This is a challenge that the copyright modernization bill addresses. It recognizes the importance of responding to the ever-changing technological landscape with amendments that are drafted in a technologically neutral way.
The proposed copyright modernization legislation would recognize the many new ways in which Canadians use technology. It would provide clear policies that would enable them to increase their participation in this digital age. We would be establishing new provisions that are technologically neutral that can be adapted to constantly evolving technological environments while ensuring appropriate protections for both creators and users alike.
Let me remind my colleagues that the bill includes the flexibility to respond to future realities because we have built in an automatic review process. It would require that a five year review of the Copyright Act be undertaken by Parliament.
Canadians want to make reasonable use of content that they have legally acquired. That is why the bill would legitimize many commonplace private or non-commercial uses of copyrighted material, uses that are not allowed, or that have unclear status under the current Copyright Act. Canadians would be able to record television, radio and Internet programming in order to enjoy them at a later time, with no restrictions as to the device or the medium that they wish to use.
Canadians would also be able to copy any legitimately acquired music, film or other works onto any device or medium, like an MP3 player, for their private use and to make back-up copies of these works.
Canadians would also be able to incorporate existing copyrighted material in the creation of new works, such as Internet match-ups, as long as it is not done for commercial purposes and the existing material is legitimately acquired.
Canadians with perceptual disabilities would be permitted to adapt legally acquired material to a format that they can easily use. The changes would also clarify the law regarding the import of adapted material into Canada and would explicitly permit the export of certain adapted materials, including Braille and audio-books.
The bill would also extend fair-dealing provisions to permit the use of copyrighted material for education, parody and satire. Furthermore, the bill would facilitate access to content for educational institutions, libraries, archives and museums. It would do this with exceptions that would allow for uses of copyrighted material that are reasonable and serve the public interest. It would do this in a way that would be responsive to the challenges and opportunities of the digital age. These exceptions have been carefully designed to ensure they are restricted to the activities that they were intended to permit. We believe that all Canadians, users and creators alike, would be well served by more clarity and predictability and sufficient flexibility to adapt to new technologies and take full advantage of them.
I will now tell my colleagues about the benefits of some of these exceptions. Students, particularly those in remote locations, would benefit from new exceptions that accommodate the use of technology for live or on-demand learning. They would be able to reproduce lessons for use at a more convenient time. At the same time, educational institutions would be required to adopt measures to prevent abuse.
Our government wants to encourage innovative companies to continue to develop new products. This bill would provide such companies with the legal tools to protect the investments they have made. This would allow them to invest in future innovation and jobs.
With this bill, our government has introduced important measures that would acknowledge the importance of our creators, those industries whose success depends on copyright, for example, software companies, filmmakers, musicians, writers and publishers. We believe that these changes would encourage greater online participation in the virtual marketplace, an area that is experiencing dramatic growth with global e-commerce transactions that have become so vital to the growth of so many companies.
Our government recognizes that Canada's Copyright Act must help Canadian businesses remain competitive. We realized from the outset that our approach to modernizing the legislation had to balance the interests of a wide range of stakeholders. I am proud to say that we have achieved that goal. I look forward to the day when this proposal becomes law. It demonstrates our government's continued commitment to fostering creativity and innovation and supporting Canada's creative economy.
Our government has sought a balance in our copyright legislation and reforms. We sought a balance between protecting creators and ensuring that consumers' rights were also protected. Over the course of two Parliaments, there have been a number of attempts by our government and a lot of debate and discussion, both in this chamber and in committee, to refine those proposals. I strongly believe that we have found that balance. We certainly sought and received input from Canadians. I believe this bill is one that finds that balance and seeks to move forward in an appropriate manner to allow for the future, for new technologies that will be developed and those that exist now, and ensure that the balance is created. We have done that and I am very proud of that.
Alexandrine Latendresse NDP Louis-Saint-Laurent, QC
Mr. Speaker, the Conservatives claim that Bill C-11 will protect artists, but many artists have shared their concerns about this bill with us. Because we have very little time left to debate this bill, I would like to ask a question on behalf of an artist who contacted me directly. He said:
As an emerging artist, I find it difficult to compete with recording industry heavyweights that have access to every possible medium to promote their products. The Internet is an intelligent and economical promotional tool that levels the playing field and supports the free market, giving me and those discovering my work a way to share my music. There are already effective mechanisms in place to protect sharing of copyrighted material. For example, my own music has been temporarily blocked on my own YouTube channel because Warner Music Group's monitoring software detected that I was sharing protected content.... My question is, how can this government tell me that it is protecting my rights as an emerging music creator when it is actually curtailing my freedom of expression?
I would like the member to answer Patrick Bernier-Martin, who asked me that question and who, as an artist, is very concerned about this bill. He does not see how this bill will protect his rights at all. He thinks, and many experts agree, that this bill will protect big industry, which pressured government to introduce it.
Can the member answer this artist?
Blake Richards Conservative Wild Rose, AB
Mr. Speaker, I appreciate that the member has sought to consult with stakeholders, whether they be those who are creators or consumers. I assume that she has met with consumers as well and has heard from her constituents on it, as I have. I have met with many creators, including recording artists, over the last couple of years. I have certainly heard from many of my constituents. I have spoken with educational institutions, with libraries in my constituency and elsewhere, so I have heard many of the thoughts and concerns, just as I am sure she has.
I believe our government has found a balance. We need to ensure a balance is created that protects the creators, including the recording artists the hon. member mentioned. We are ensuring that we are finding the balance between protecting them and also ensuring that consumers have access to what they want to be able to have access to.
I think we have found that balance. If some individuals have concerns, they should share those at the committee stage, which, hopefully, we will be at very soon, to ensure their concerns and thoughts are heard but--
Copyright Modernization ActGovernment Orders
February 10th, 2012 / 1:05 p.m.
Conservative
The Acting Speaker Conservative Bruce Stanton
Order, please. We need to leave a bit more time for other questions.
The hon. member for Bonavista—Gander—Grand Falls—Windsor.
Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL
Mr. Speaker, my question pertains to the balance the hon. member discussed in his speech. He said there were two things that came out of the hearings, first, that a lot of people had interest in this, but obviously second, that a balance has been achieved.
I want to question that. We need to look at fair use, at fair dealing. He talks about the education exemption, which basically means, for the purpose of education, one can use copyrighted material. However, if the material in question has a digital lock placed upon it, it cannot be used in this exemption.
Perhaps the hon. member would like to work out that balance, because it does not really make a lot of sense to me.
Copyright Modernization ActGovernment Orders
February 10th, 2012 / 1:05 p.m.
Conservative
Blake Richards Conservative Wild Rose, AB
Mr. Speaker, I suppose the hon. member is entitled to his opinion. However, we sought input from a variety of sources and all kinds of discussion have taken place at the committee level and here in the House. Members of the government have, as have members of the opposition, consulted with those who are creators in the recording industry or otherwise, or consumers.
All of us have consulted with our constituents and what we are hearing is that, although there may be some concerns in various areas and it is difficult to find a balance, they believe our government has found that balance and that we have found a balance that is fair to both creators and the consumers.
I am proud of the fact that we have worked hard to ensure the balance is there and I do believe it exists.
Copyright Modernization ActGovernment Orders
February 10th, 2012 / 1:05 p.m.
Conservative
The Acting Speaker Conservative Bruce Stanton
We will be resuming debate but before I recognize the member for Vancouver Quadra, I want to let her know that I will have to interrupt her part way through her speech as 1:15 p.m. is the end of government orders for today.
The hon. member for Vancouver Quadra.
Joyce Murray Liberal Vancouver Quadra, BC
Mr. Speaker, I am pleased to add a few comments to this important debate. The Liberal Party absolutely believes that Canada's Copyright Act must be modernized. In this era of iPhones, iPads, cloud sourcing and so on, we must have modern laws.
That is not the challenge here. The challenge, or the issue, is to implement reforms that are fair and that balance the rights of authors and the rights of the Conservatives. We all know this is the objective of the bill. However, the Conservatives have not succeeded. That is obvious. A number of groups have told us and them that the bill is not balanced.
One of the greatest concerns for me is the fact that the Conservatives will continue with their agenda without listening to Canadian citizens, groups, experts and opposition members. We could call this dictatorial federalism.
We know that this bill has sparked a great deal of discussion and that many suggestions were made to improve it. But did the Conservatives add some ideas? Did they change what they will do? No. They introduced a bill that ignores everyone else's ideas. That is not democracy. That is not enough for those of us on this side of the House.
Why do we have to be in such a rush to pass a bill when, when it comes right down to it, the result is not acceptable for so many people and so many organizations in terms of the objectives we have here in Canada? Why? This is a complex issue. This bill is very detailed, and there are many valid arguments. It is worth listening to them and continuing to work on the bill in order to achieve a good result.
Why put forward a policy that is so important and that affects the lives of all Canadians, only to be satisfied with a poor result that does not achieve the balance that everyone wants, when that is the very goal of modernizing the legislation?
It is the same with other issues. The process used by this government and the Prime Minister is a bit dictatorial. They understand while others do not. It is insulting to those who oppose and also to organizations that work every day, every year, to explain the issues with respect to the modernization of the Copyright Act.
Why shorten the debate in such a manner? Why? There is no support for doing so outside that group.
In the beginning, I spoke about the process, which is faulty. I would like to continue in that direction and speak about something that is of great concern to me.
I just asked an NDP member a question about that. Who is managing our decisions as Canadians? Who is in charge of our country's legislation? Recently we learned that some diplomatic cables have shown that some parts of the Conservatives' copyright bill, which we are talking about this afternoon, were drafted to satisfy the concerns of the American industry instead of addressing the concerns of Canadians.
Many Canadians are opposed to the digital locks, which seem to only address American interests. That worries me a lot because the Americans are major partners. They are our friends and neighbours, but they are not in charge of our legislation. This strategy is very worrisome because it sends a message to specific industries in the United States that they can push Conservative MPs in a direction that does not serve the best interests of Canadians.
Our sovereignty belongs to us, to Canadians. It is very important to the people of Canada. Handing over our sovereignty on a silver platter by creating legislation for the American industry is very dangerous. Other industries are going to see that and expect Canada to do it more often. It is unacceptable and we must stop doing it right now.
Copyright Modernization ActGovernment Orders
February 10th, 2012 / 1:15 p.m.
Conservative
The Acting Speaker Conservative Bruce Stanton
It being 1:15 p.m., pursuant to an order made Wednesday, February 8, 2012, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.
The question is on the motion. Is it the pleasure of the House to adopt the motion?
Some hon. members
Agreed.
No.
Copyright Modernization ActGovernment Orders
February 10th, 2012 / 1:15 p.m.
Conservative
The Acting Speaker Conservative Bruce Stanton
All those in favour of the motion will please say yea.