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

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Madam Speaker, I think my colleague misunderstands our position. What we are saying is that this would go far beyond what is needed. Bill C-11, the copyright modernization act, essentially would give with one hand and take away with the other from the consumers. That is what we are saying. This bill contains a few concessions to consumers but they are then undermined by controversial issues like digital lock provisions. That is what is going to be undermining all sectors of the creation economy.

What my colleague does not seem to understand about our position is that we are talking about a more balanced approach. The digital lock provision is a sweeping legislation in favour of the companies and not there for the creators or for the consumers. This is really, in most cases, going to be in favour of the companies that are not usually based in Canada. So there needs to be a lot more battling.

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, it is unfortunate that I have to rise in the House once again to condemn this excessive and unbalanced Bill C-11, An Act to amend the Copyright Act. The people of Argenteuil—Papineau—Mirabel, consumers and many creators alike, will not be happy to see that the Conservatives did not take advantage of the study in committee to make the necessary changes to this bill in order to take into account their rights and concerns.

As the New Democrats have been saying from the outset, Bill C-11 does not really protect creators' rights, since it will take millions of dollars in revenue away from them and erode their market.

We are not the only ones to say so. Over 80 arts and culture organizations have said that this bill is “toxic to Canada's digital economy”.

One of them, the Society for Reproduction Rights of Authors, Composers and Publishers in Canada, states that:

The desired balance between the interests of creators and those of consumers and users is, in our opinion, completely absent.

The people in my riding are concerned about this bill. I have received a hundred or so emails and phone calls from constituents who simply do not trust this bill or this government.

To these concerned citizens, I responded that, although changes to the act are necessary, those set out in Bill C-11 were harmful to artists, teachers and consumers. We need legislative changes that protect artist royalties, while making sure that distance education is not hampered and that young people are not exposed to unfair and costly fines.

That is what the people of my riding, what Quebeckers and what all Canadians want.

A person in my riding, from the municipality of Lac-Simon, wrote:

Thank you very much, Mylène.

Copyright is an issue that is close to my heart, and I fully agree with its renewal… but I do not have faith in the majority government in place…

In a few words, that sums up this government's problem. Its majority is going to its head and is preventing all intelligent discussion. We need a bill to modernize copyright, and the opposition wants to discuss and work constructively with the government. Unfortunately, the government's response is to muzzle debate. It is limiting the debate and, in the end, taking measures that will do nothing to improve the situation of artists and consumers.

This government's lack of subtlety and judgment is perfectly illustrated in one measure in this bill.

Bill C-11 proposes to block the use of content for which people have paid and which they are therefore entitled to use. For example, if you take a distance training course, you have an obligation to destroy the course notes 30 days after completing it. That is absurd and unfair. What happens if you take another course and are asked to use the concepts from the first course? What happens if you fail the course and have to take it again? This is really absurd and unfair.

Here is another example of improvisation: the only protection measure that can be taken by content owners—who are often not the creators themselves—is to lock their works, which will really hurt consumers. Rights owners do not like it either, because it often benefits only the big companies.

This bill is also not good for consumers because digital locks make criminals of Canadian users who are entitled to access those works. The bill criminalizes the act of circumventing digital locks, regardless of the reasons for doing so, even for legal purposes.

This bill ultimately gives consumers rights with one hand and, with the digital lock, takes them away with the other.

Another nonsensical aspect of this bill is more technical but illustrates the way this government makes things up as it goes along.

This bill creates an artificial and inconsistent legal distinction between "copying for private use" and "reproduction…for…private purposes". I just compared section 80 of part VIII of the Copyright Act and paragraph 29.22(2)(e) of the proposed Copyright Modernization Act.

The government is indiscriminately tackling complex legal provisions and imposing disproportionate penalties such as the possibility of a fine of more than $1 million and five years in prison.

As in other matters, the Conservatives are self-styled experts, drawing inspiration from their retrograde ideology and, in this case, the controversial American legislation, the Digital Millennium Copyright Act.

This bill creates legal uncertainty that will result in many costly court cases. In short, artists and creators, as well as consumers, archivists, teachers and students are opposed to this unbalanced bill. That is why, with the support of many stakeholders, the New Democrats, at committee stage, proposed 17 amendments that would have made it possible to have a more balanced bill that was fairer to artists and consumers.

In a nutshell, here are a few of those amendments: eliminate the loophole that the Conservatives included in the bill and that takes $21 million away from music creators; protect the moral rights of artists for new forms of content produced by users, such as mashups and YouTube videos; link the ban on circumventing digital locks to acts of violating copyright, thus allowing the circumvention of digital locks for legal purposes, which also involves ensuring that people with visual or hearing impairments have the explicit right to circumvent digital locks to gain access to a work; remove the "book-burning" provisions that the Conservatives are imposing on students and educational institutions by requiring them to destroy their educational material once the course is over.

These proposed amendments, which would balance this bill, were rejected by the Conservatives, despite the broad consensus of creators of culture in Quebec and in Canada. Instead of protecting creators by protecting their rights and ensuring that they will be paid for their work, instead of protecting Canadians and Quebeckers by giving them access to content, this bill aims to protect foreign interests. The Conservatives' priority is not to create a balanced system between the rights of creators and the rights of the public, but to respond to the demands of big U.S. content owners.

If the Conservatives had really wanted to create a balanced system, they would have listened to the witnesses in committee. The brief submitted by the Association of Canadian Community Colleges clearly condemned digital locks:

The digital-locks amendment will, in effect, severely limit how one can access and use digital information. In practice, this would mean that educational institutions, teachers, and students would lose their rights under fair dealing, educational and library exceptions, or other users' rights in copyright law to copy, perform, or share electronically a digital work that has been locked by a “technological measure”.

The Canadian Library Association also strongly criticized this measure: “The prohibitions on the circumvention of digital locks in Bill C-11 exceed Canada's obligations under WIPO copyright treaties.”

I am going to wrap things up now because I have just one minute left. Copyright modernization is long past due, but this bill has too many major problems. Canada has an opportunity to become a leader by implementing copyright regulations and taking a balanced approach between the right of creators to be compensated fairly for their work and the right of consumers to have reasonable access to content. It is clear that the NDP is the only party that truly stands up for the rights of artists and consumers.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, I listened with great interest to the comments of my colleague. He would have us believe that this is a very balanced bill and that based on the consultation, the government has weighed in to protect both consumers and artists. However, when one examines the bill, this is not the case.

We could argue quite well that the real winners in Bill C-11 are the recording industry and major movie studios. In fact, this is one explanation why the technological protection measures, or TPMs, provided in the bill virtually trump all other rights to allow record companies and movie studios to strengthen their ability to generate enormous profits.

Would the member respond to that criticism? It is not just us saying this. People who have been very involved in the bill's process are very concerned that it favours these very large players.

[Rob Moore, Conservative, Fundy Royal, NB]

Mr. Speaker, it is an honour to speak to this bill. I am pleased that our government is getting closer to delivering on its commitment to modernize the Copyright Act.

I would like to invite all of my colleagues to join me in ensuring the swift passage of Bill C-11, the copyright modernization act. By supporting the legislation, we will be delivering on our government's commitment to modernize the Copyright Act in a way that balances the needs of creators and users.

The road that has led us to where we are today has been a lengthy one. Once we pass the legislation, this will be the first time in more than 15 years that we have completed a comprehensive overhaul of the Copyright Act. During this time, we have heard from thousands of Canadians and have had ample time to debate copyright modernization.

As my colleagues may recall, the copyright modernization act was first introduced following the largest consultations of their kind in Canadian history. In the summer of 2009, we set out to hear the views and opinions of Canadians from across the country. We leveraged new technologies to provide as many people as possible with access to this important process. We hosted interactive and web-based discussions. We held live events from coast to coast in Halifax, Quebec City, Montreal, Gatineau, Peterborough, Toronto, Winnipeg, Edmonton, Calgary and Vancouver. Finally, we also accepted written submissions.

The response we received was impressive. Around 1,000 Canadians participated in the live events. More than 8,000 submissions were made, the website received 30,000 unique visits. We had more than 2,500 online forum posts and hundreds of followers on Twitter.

Based on this response, it was clear that Canadians from all walks of life understood the importance of modern copyright legislation, and this is still the case. During those consultations, Canadians told us about how copyright impacted their daily lives. Canadians told us about the importance of copyright to the digital economy and its effect on Canada's global competitiveness. Furthermore, Canadian creators and users told us that they needed clear, fair and predictable rules.

Our government listened to all of this and we responded with the introduction of the copyright modernization act in 2010 and its reintroduction last fall. We have responded with legislation that takes a common sense, balanced approach to copyright modernization. This approach considers the needs of both creators and users of copyright material. We have responded with legislation that reflects a uniquely Canadian approach to copyright modernization, an approach that takes into account the perspectives that Canadians have shared with us as creators, consumers and citizens during our consultations.

I would like to highlight four specific things we heard during the consultations and highlight how our government responded.

The first thing we heard was that Canadians thought that technological neutrality was an important guiding principle for copyright modernization. They emphasized that Canada's copyright regime must be able to accommodate technology that did not yet exist. They told us that any copyright reform must reflect the reality of an ever-evolving media and technological landscape. We responded. The copyright modernization act includes a number of exceptions that are technologically neutral. They reflect the reality of an ever-evolving media and technological landscape. They will stand the test of time.

The second thing we heard was that Canadians wanted to make reasonable use of content that they had legally acquired. We responded. The copyright modernization act includes a number of exceptions that facilitate commonplace private uses of copyright materials.

The third thing we heard was that Canadians did not think it was fair that one could risk facing huge penalties for minor copyright infringement. We responded to this, too. The copyright modernization act would create two categories of infringement to which statutory damages could apply. The first category is commercial and the second category is non-commercial. For non-commercial infringement, the existing statutory damages in the Copyright Act will be significantly reduced. The copyright modernization act also introduces proportionality as a factor for the courts to consider when awarding damages.

The fourth thing we heard was that Canadian copyright owners wanted new rights and protections to sustain business models in a digital environment. We responded to this as well. The copyright modernization act would implement the rights and protections of the Internet treaties of the World Intellectual Property Organization. These include a making available right, a distribution right, moral rights for performers and protections for digital locks and digital watermarks.

These four things are just examples of what we heard during the 2009 consultations. There are numerous other things we heard and we responded to. Perhaps the easiest way to sum it all up is to say that the 2009 consultation demonstrated to us the importance of a balanced approach to copyright modernization, an approach that balances the interests of all Canadians, creators and users alike. This is the approach we will be delivering to Canadians by passing Bill C-11.

Large scale national consultations have been held, legislation has twice been introduced and debated, witnesses have testified and submissions have been received. Committees have studied the bill at length and a number of technical amendments have been made to improve the clarity of certain provisions.

The bill is back before us. We need to pass the legislation and deliver results to Canadians. The fact is that after 15 years, it is time to turn the page on this chapter of copyright modernization.

Our government recognizes that new challenges may emerge in the future for the Copyright Act. That is why we have included in the bill a mandatory review of the legislation every five years. This five year review will ensure that Canada's copyright regime does not fall back into the outdated state it is today. However, before we can think about all this, we need to first modernize the Copyright Act by passing the bill.

Canadians from all walks of life have an interest in modern copyright laws. The benefits of copyright modernization are many. However, Canadians will not enjoy them until we have passed the bill.

I urge all members to join me in supporting the swift passage of the copyright modernization act.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I am pleased to see that so many members will hear my speech on Bill C-11.

Before question period, I congratulated my colleagues from Longueuil—Pierre-Boucher, Timmins—James Bay and Jeanne-Le Ber, who are very passionate about this issue, and I congratulate them publicly again.

Why are they so passionate about it? I am going to give you a few facts that can sometimes be a little surprising. We often say that the government opposite does not like arts and culture because they are not big business, like oil and gas; arts and culture are not as important.

The Alliance of Canadian Cinema, Television and Radio Artists, or ACTRA, estimates that the arts and culture industries in Canada contribute $85 billion a year to our economy. That represents 7.4% of Canada's gross national income and supports 1.1 million jobs, or about 6% of the Canadian labour force. These industries and the jobs that depend on them can survive only in an environment where intellectual property is protected.

Despite the important contribution of these industries, the average income in 2009-10 for an artist in Canada was only $12,900 a year, which I find very sad. A 2008 report by the Conference Board of Canada indicated that the cultural sector generated approximately $25 billion. We are talking money and taxes. That is three times the $7.9 billion investment in culture by all levels of government in 2007.

How much does the federal government invest in arts and culture? A meagre 1.6% of total government spending.

I was struck by another telling statistic in connection with this entire issue of copyright and the reform of copyright. In 2008, the Statistics Canada survey on household spending found that Canadians spent $1.4 billion on attending live artistic performances, twice as much as on sports events. And we know how much the government opposite likes to talk about sports and how little it talks about arts and culture.

What does such a change mean? When we look at the bill, it seems rather complicated. That is why I strongly disagree with the government's move to once again force the adoption of a time allocation motion. That forces us to shorten the debates and limit my colleagues' speaking time and right to speak here in this House. Most of my colleagues are here for the first time. It is highly likely that this is the first time in their lives they have heard about the Copyright Act.

In the summary of the bill we see that some changes have been made to 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;

We know that the Internet is now a major player when it comes to copyright because a great deal of created material is on the Internet, including movies, music, books, you name it.

The summary also indicates that these changes to the Copyright Act will also:

(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;...

Thus, these amendments to the Copyright Act change many, many things.

The kinds of changes being made to this legislation can be categorized into three main groups: changes defined as sector-specific reforms, compromise provisions, and no-compromise rules regarding technological protection measures.

The NDP is looking to strike a balanced approach. Our party is seeking a balanced system between the rights of creators and those of the public. I hope that all the members of this House want to ensure that the public has access to as much information as possible while protecting copyright, which goes without saying.

With this bill, and with our friends opposite—with whom we are less and less friendly—we get the impression that any efforts have instead focused on meeting the demands of the big owners of American content. They are the big global players in this area. I am referring to film studios, record companies, developers of video games, and others.

Will Canadians one day have a law that meets their needs? That much is not clear, and this legislation will certainly not do the job.

I only have one minute left, which is very little time. I would have liked to discuss a great many things about this bill, which is riddled with shortcomings and defects. Amendments have been proposed, and it is my hope that they will be seriously considered so as to prevent foolish things from occurring. For example, students who are enrolled in distance education because they reside in remote areas would be forced to destroy their notes after a certain number of days.

There are things in the bill that make absolutely no sense. I want to commend those people who work in the area of arts and culture. I particularly salute those people who work very hard for the City of Gatineau and the Maison de la culture de Gatineau, whose board I had the pleasure to chair for a number of years. They do extraordinary work when it comes to disseminating arts and culture. They help new artists, along with well-known artists, to make a name for themselves.

Let us therefore protect artists and, at the same time, ensure that the public enjoys the best possible access to arts and culture.

The House resumed consideration of Bill C-11, An Act to amend the Copyright Act, as reported (with amendments) from the committee, and of the motions in Group No. 1.

Report Stage

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, according to the hon. member opposite, this bill has been the focus of the most studies that this House has ever conducted.

One of my colleagues said it was the nth time, but it seems to me that this government is gagging us for the 21st time by limiting the time for debate. It is not just a question of the time available for study in committee, but also the time granted to the democratically elected representatives. They must be able to rise in this House and express their views on a bill without having a feeling that the gun is pointed at their heads and being told that they have to vote and pass this bill immediately. They must have a chance to sit down and pay particular attention to it, as new members must.

Every time it happens, we hear that this is the bill that has been studied the most often in committee, with the most days, the most hours and the most witnesses. I heard the same thing about Bill C-10; I heard the same thing about Bill C-19; and I have heard the same thing about all the bills that are studied in committee. Now we are hearing the same thing about this very important bill.

This is how the government has decided to proceed. Because of the majority that it got with the support of 39% of the population, this is how we are forced to proceed. We have to bow to this state of affairs and express our views the way they have chosen.

In any event, I would like to congratulate my colleagues for Longueuil—Pierre-Boucher, Timmins—James Bay, and Jeanne-Le Ber who, in one way or another, have spent endless hours working on the bill, and all those who sat on the committee for never-ending hours. In fact, they spent endless hours studying a bill that will have a major impact, an enormous impact, on the lives of creators and producers and on the lives of consumers, the people from all walks of life that we represent here, in this House. It is our duty to find the right balance to ensure that we respect everyone's rights, but it is not always easy.

Here again, there are numerous amendments to Bill C-11, An Act to amend the Copyright Act. There are tons of amendments. Some people will say that these are the amendments that society has been waiting a long time to see. Perhaps they are, but it is not because they are long-awaited that they have to be shoved down our throats.

I understand that my time is up, Mr. Speaker. I will continue after question period.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

Mr. Speaker, there have been more consultations on this bill than almost any bill I have ever seen in my six years in the House. In fact, as I mentioned in my speech, I believe that between Bill C-32, which was introduced in the previous Parliament, and Bill C-11, which is the bill we are discussing now, committees heard from more than 180 different individuals. There were hours and hours of debate in the House of Commons, dozens and dozens of hours of discussion in committees and the opportunity to hear from and question witnesses. One thing that has to be said is that there has been no shortage of consultation on this bill.

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

Mr. Speaker, I am pleased to rise in my place today to speak to Bill C-11, the copyright modernization act.

The bill is returned to the House after extensive review by a legislative committee and the adoption of some technical amendments that will improve it but not alter the important policy balance that has been achieved. However, for those technical amendments, Bill C-11 is essentially the same as Bill C-32, which was being studied during the last Parliament.

Members of the House might remember that Bill C-32 went through 6 hours and 50 minutes of debate in the House, with a total of 17 speeches. In committee, 78 organizations and 122 different individuals appeared over the course of some 20 meetings, which lasted a total of 39 hours. That was a very comprehensive and wide-ranging debate on many of the same issues that have been reintroduced during the discussion around Bill C-11.

The debate on the bill before us now has been even longer and we have heard from even more speakers, with 86 speeches in total as well as numerous interventions. Clearly the House has many views on copyright reform.

The legislative committee also heard from a broad spectrum of interests that had a stake in the modernization of copyright. In February and March, the committee met on 11 occasions and heard from 62 individuals representing various creators, collectives, intermediaries, associations and businesses. They expressed varied and sometimes opposing views on a number of provisions in the bill.

To emphasize the range of views that were represented, we heard from librarians and archivists, broadcasters, directors and film producers, musicians, publishers and authors, educators, lawyers and persons with perceptual disabilities. We also heard from large and small businesses.

I would like to take this opportunity to respond to some of the concerns that we heard concerning copyright reform.

The first relates to concerns we heard about compensation for creators. Some have argued for the expansion of the private copying regime and oppose the new exceptions for consumers. Expanding the private copying regime would increase the cost of new technologies. The government cannot have a strategy of greater access to the Internet and promotion of our digital economy and at the same time support a policy that would increase cost and taxes on new technologies that drive innovation.

The digital economy provides creators with new ways to market their works and find new revenue streams. The bill would provide them with new rights, protections and specific measures to combat the enablers of copyright infringement.

Another concern expressed by some stakeholders is that the fair dealing exception for education may have a detrimental impact on the revenue streams of creators. They propose that fair dealing be constrained rather than rely on the six factors that have been established by the courts to determine what is fair.

I point out that fair dealing is not a blank cheque. It is a long-standing feature of our copyright law that permits individuals and businesses to make certain uses of copyrighted material in ways that do not unduly threaten the interests of copyright owners and which could have significant social benefits, but only if they are fair.

Finally, in summarizing what we heard during the second reading debate and at committee, I point out that the education provisions of the bill received considerable attention and some criticized some of the safeguards that had been put in place to ensure a balance of interest.

The bill introduces new measures aimed at enriching the educational experience. It greatly expands the ability of teachers and students to make use of new digital technologies and of copyrighted materials in the educational context.

For instance, teachers and students will be allowed to use copyrighted material in lessons conducted over the Internet and use legitimately posted material that they find on the Internet for educational purposes. The bill would also adjusts existing educational provisions to make them more technology neutral. The limitations and safeguards in place in relation to these new measures are an essential part of the balance between supporting learning and respecting the legitimate interests of copyright owners.

These matters were discussed extensively at second reading and by the legislative committee, in which we enjoyed a very wide-ranging and thought provoking discussion. In addition to robust debate regarding the private copying regime, fair dealing and the specific education provisions, we heard about the need for technological neutrality and the benefits to consumers.

We are proud this bill would amend the Copyright Act to provide a technology neutral framework that would stand the test of time. We live in an ever-evolving media and technology landscape that requires such a framework moving forward, so we are getting rid of outdated references to flip charts and other technologies to ensure the legislation remains relevant.

Finally, as followers of the copyright debate know, the bill proposes key changes that would benefit consumers. Consumers would have more flexibility to enjoy and manage their legitimately acquired content. Consumers would be allowed to time-shift their programming recorded on television, radio and Internet broadcasts. Consumers would also be allowed to format-shift and make backup copies.

Furthermore, we would be adding parody and satire to fair dealing and the ability for Canadians to create user-generated content. These are important amendments that would increase innovation and consumer choice.

In committee, witnesses agreed with the central premise that has been made time and again in this House. Modernization of Canada's copyright laws is long overdue. Some argued that the balance we have established on the bill before us should be tilted one way; others argued we should go further in the other direction. That is the nature of a bill as complex as this one. Not everyone will get everything they were looking for in the modernized copyright regime. However, moving ahead with the bill will be much better than perpetuating laws that have not been updated in more than a decade.

The bill would deliver a common-sense balance between the rights of consumers and the creative community. Importantly, it would also bring our laws in line with the WIPO Internet treaties.

Bill C-11 would provide for a parliamentary review of the Copyright Act every five years. At that time, Parliament would have the opportunity to review the changes made by the bill, as well as study how well the Copyright Act, as a whole, is serving to balance the needs of creators and users.

However, let us move quickly on passing the bill now, so that consumers and creators can soon benefit from these provisions. I urge hon. members of all parties to join me in voting for third reading so the bill can proceed to the Senate.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I thank my colleague for her speech.

I would just like to say that Bill C-11 does not reflect the interests of Canadians, not in the way it will be adopted—since this is the nth time we have seen debate shut down—and not in its content—since it does not consider the consumers, for whom it is important to provide fair dealing.

Can my colleague comment on the use of locks in this context?

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, for us, what is important is that we do the job right. What we have said consistently, and as indicated through the efforts of my colleague from Timmins—James Bay and others, is that we would like to do a thorough job. Absolutely, we would like to be time effective, but let us ensure that at the end of the day the legislation that comes out is to the benefit of all Canadians.

I would like to read the words of the Society for Reproduction Rights of Authors, Composers and Publishers in Canada that noted on the identical bill to C-11, Bill C-32:

If adopted without amendments, the bill tabled in the House of Commons will significantly affect creators' revenues. Moreover, the desired balance between the interests of creators and those of consumers and users is, in our opinion, completely absent.

This is not a balanced bill, and that is what we ask for.

[Laurie Hawn, Conservative, Edmonton Centre, AB]

Mr. Speaker, my colleague talked about being concerned about creators. All of us are concerned about creators.

This is a quote from a group of creators, the International Alliance of Theatrical Stage Employees. It says:

We congratulate the Government for protect[ing] the creative industries and men and women working in film and television production across Canada....The bill does not provide for the extension of the controversial private copying levy to devices such as ipods, which would have been extremely unpopular with consumers...

Given the fact that we have spent two and a half years debating this legislation, whether it was Bill C-32 or Bill C-11, given the fact that we have received thousands of input, given the fact there was a special legislative committee and given the fact that the bill attempts to balance the rights of consumers and creators, would the hon. member like to comment on the fact that no matter what provisions are in a bill there will always be somebody who will find the bill unsatisfactory? Would my colleague acknowledge that Bill C-11 is a good attempt at balancing that? I expect I know the answer. It is always a balancing act. Regardless, I wish we could just get on with it instead of playing politics with consumers and creators.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, it is a pleasure to stand in the House and speak to this important bill.

Many of us in the NDP know that our party has been at the forefront of r pushing for innovative and effective legislation through the work of colleague from Timmins—James Bay and others who have painstakingly committed to extensive consultations, both in the confines of Parliament and out across the country. They and are our team have reached out to all stakeholders, artists, academics, students, producers and all people in the industry.

Our goal all along has been to produce the most innovative and effective copyright legislation we can. Unfortunately, the government seems to have issue with the concept of innovation, not just in this area but, frankly, all across the board. While it makes reference to wanting modern legislation, we know, and many stakeholders have indicated, that the legislation has gaping problems.

What we have suggested is that we sit down and go through these gaps, that we close the gaps, that we solve the problems and that we retract the problems created as a result of the legislation, problems that were not there before. That is something we have been very consistently saying. We want to work at this and are continuing to work at this.

We are very disappointed that the government pressed for closure of the debate, a habit that it has shown on many critical debates in this House. it is an action that limits not only the voices of Canadians in deciding their future on various issues, but makes for legislation that does not work, legislation that will cause greater problems, certainly in terms of copyright within the artistic community and the academic community. It might benefit some but most Canadians will face some real challenges as a result of the legislation.

We believe that copyright modernization is long overdue but this bill has too many glaring problems. In certain cases it even creates problems where none existed.

New Democrats believe that copyright laws in Canada can balance the right of creators to be compensated fairly for their work and the right of consumers to have reasonable access to copyright content. We have made it clear all along that the way we would consider possible amendments to the bill would be to create a fair royalty system for creators. However, as it stands, Bill C-11 wipes away millions of dollars in revenue for artists.

When we look closer at the issue, it appears that all Canadian attempts at copyright reform in recent years have had very little to do with creating a regime that would balance the rights of creators and the public, but rather have been an attempt to satisfy the demands of American large content owners, such as movie studios, music labels, video game developers and others.

What we are asking as New Democrats is: When will Canadians have copyright legislation that works for them? We believe that copyright laws in Canada can balance the right of creators to be compensated fairly for their work and the right of consumers to have reasonable access to content. The bill would grant s a range of new access privileges but would not increase opportunities for artists' remuneration.

This new playing field will profoundly affect the ability of artists to survive. The copyright modernization act essentially gives with one hand while it takes away with the other. While the bill contains a few concessions for consumers, they are, unfortunately, undermined by the government's refusal to compromise on the single most controversial copyright issue in this country, that being the digital lock provisions.

In the case of long distance education, for example, people in a remote, isolated community would have to burn their school notes after 30 days. That is hardly an improvement or an appropriate use of copyright law.

People in remote communities across northern Manitoba depend on access to education and accessibility to materials. This is a clear necessity, as we New Democrats have said. The government claims to be on the side of training and education. However, the legislation would hinder that access, particularly for people who already face so many obstacles in accessing education and materials they need. The legislation would set them and our regions back.

We have proposed removing sections of the copyright modernization act that would make criminals out of everyday Canadians who would break digital locks for personal and non-commercial use.

We do support the lessening of penalties for those who are responsible for breaking copyright law. This would prevent the excessive use of problematic lawsuits against ordinary citizens, like what we have seen in the U.S.

The Conservatives unfortunately have ignored expert opinions raised in committee and the findings of their own copyright consultations in 2009. As a result, they have arrived at flawed legislation that may end up doing more harm than good.

New Democrats believe that copyright modernization is overdue, but this bill has too many glaring problems. We will be at the forefront of proposing positive changes and of being part of developing modernized copyright law that is in the best interests of Canadians.

I would also like to share the words of many respected people in their fields, people who know the legislation is flawed and that it will harm producers and users of so many materials that involve the copyright legislation.

Michael Geist, the renowned technology commentator, put it succinctly:

The foundational principle of the new bill remains that anytime a digital lock is used -- whether on books, movies, music, or electronic devices -- the lock trumps virtually all other rights...This...means that the existing fair dealing rights [and Bill C-11 rights]...all cease to function effectively so long as the rights holder places a digital lock on their content or device.

The cultural industry has made a statement. It represents over 80 arts and culture organizations across Quebec and nationwide. It argues that the bill may be toxic to Canada's digital economy. It warns that failure to amend the copyright modernization act to ensure fair compensation for Canadian content owners can only lead to a decline in the production of Canadian content and its dissemination domestically and abroad.

Instead of moving forward, instead of being at the cutting edge of innovation, instead of ensuring that our artists, researchers, academics and Canadian industries are able to be part of the future of the digital economy, the government's approach is setting us back.

Unfortunately this is an overall trend with the Conservative government, whether it is on the environment, economic development, education or in an area that I am involved with, women's rights. The government's approach is not to look forward, but rather to look at how we can pull away. In the case of Bill C-11, when so many hours and so much effort has been made to shape the best legislation, the government has unfortunately not produced that.

Finally, I would like to share the message of so many of my colleagues in the NDP. The legislation would set artists back. Artists are the backbone of our country. They are the people who shape our communities, who tell our stories, who bring us together from coast to coast in a country as broad and as wealthy in talent as ours. The reality is we need real legislation that will allow artists to do their work and that allows Canadians to move forward. Unfortunately Bill C-11 is not that legislation.

We hope the government will listen to New Democrats and allow us to do that work.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, I have been carefully listening to my colleague’s speech.

What comes to my mind when I think of Bill C-11 on copyright modernization is the contrast between creators, artists, musicians and so on and the companies that will certainly benefit from this bill more than the creators. I found it very interesting that, when we put questions on this matter to the Minister of Canadian Heritage in the House, he often responded with quotations. I would like to cite just one:

Our copyright legislation...was adopted by this Parliament....

In fact, the Canadian Recording Industry Association backs our bill. The Canadian Anti-Counterfeiting Network applauds our bill. The Canadian Film and Television Production Association said that it applauds the government’s copyright reform....

That answer was given on March 13, 2012. I believe it really shows that this bill is unbalanced in that it grants all the protections demanded by the companies. However, creators, craftspeople and musicians have not been quoted in support of the bill.

I would like to hear the government member comment on the fact that the creators themselves do not support this bill and that only the companies support it. At least, that is what the government has shown.

[Pierre Lemieux, Conservative, Parliamentary Secretary to the Minister of Agriculture]

Mr. Speaker, I appreciate being allowed to rise for debate on Bill C-11, the copyright modernization act.

Since 2006, one of our government's goals has been to protect those who seek innovation by creating or evolving new ideas. We have answered the call sent by Canadians for responsible copyright legislation that would protect and help creators, performers and copyright owners or consumers. Our government recognizes how new technologies are changing the lives of many Canadians, and our creative industries deserve a modern understanding of the critical role copyright laws play in protecting and creating jobs in Canada's digital economy. In our fast-moving technological world, it is important that our legislation remain current and provide a better, more efficient way for copyright owners to create and protect their content.

After an attempt to modernize our copyright legislation in 2011, which we could not complete because of the demand from the opposition for an unnecessary election, I am proud to say that we continue to pursue this goal. We are glad that Canadians gave our government a strong majority so that the opposition can no longer disrupt our goal of providing creators with a modern copyright act that is in line with today's digital world.

By reintroducing this bill without change in the fall, our government reiterated its support for a balanced approach to copyright reform, and after hearing more than 70 witnesses at the Bill C-32 committee and almost as many at the Bill C-11 committee, we think that this bill will finally provide a new, modern and up-to-date vision for copyright that has always been shared by our government. Not only would this legislation bring our country on par with international standards; it would also make our country a world leader in terms of copyright reform. For example, I would cite the notice and notice provisions of this bill as truly innovative.

I am also glad to say that multiple witnesses have provided strong support for this bill, acknowledging that our government's main goal is protecting and creating jobs while stimulating our economy and attracting new investment to Canada. As an example, the Canadian Publishers Council said that our government “...demonstrates a clear understanding of the need to amend the current Copyright Act to bring it more in line with our times”.

In this regard, let me say a few words about the proposed amendments to Bill C-11, amendments that speak to the concerns that have been raised and that will bring some clarity and precision to the bill.

For example, in response to the concerns from the CNIB, which provides support to blind and partially-sighted Canadians, we have introduced an amendment for non-profit organizations that limits the legal actions that can be taken against non-profits that mistakenly export abroad an alternate format that is meant for people with visual impairments.

Some non-profit organizations had raised concerns with regard to the fact that they could be discouraged from making use of the exception regarding formats for people with a perceptual disability, because of the related legal liabilities. This clarification will enable these organizations to use the exception without fear of negative consequences.

At this point, I would like to take this opportunity to thank all those who contributed their briefs and suggestions to Bill C-11.

The intent of the bill is not to punish legitimate organizations that make an honest mistake in good faith, but to protect intellectual property as well as the rights of consumers. It should be noted that copyright holders can always ask for an injunction to bring an end to any violations. This amendment shows our good faith as well as our openness to proposed technical amendments. I would like to repeat that our intent is not to punish those who respect the law.

With this in mind, I would like to mention another amendment that would help to better target those persons who do not obey the law and who abuse the opportunities offered by the Internet. This amendment concerns safe harbour provisions. The amendment would clarify the scope of the legislation and eliminate safe harbours for persons who allow or enable copyright infringement.

Currently, service providers have four areas of exemption regarding enabling offences: caching services, hosting services, telecommunications services and information location tools, such as Google or Yahoo.

The amendment to the bill would eliminate safe harbours for caching and hosting in cases where copyright infringement would be enabled. Safe harbours are not created for criminals who seek to escape the law and abuse the legislation for their own profit. The amendment would clarify this issue.

The amendment would have a positive effect and give copyright holders other means of recourse to protect their works. They have the right to benefit from the results of their efforts.

We have also made an amendment concerning the scope of injunctions in order to clarify the legal issues surrounding search engines. This amendment would address concerns with search engines and possible catch-all injunctions that would be too broad to enforce, such as a court order requiring that a song be completely removed from the Internet.

It is a matter of demonstrating common sense and having realistic expectations of what can be done to fight Internet piracy. Under the provisions of our bill, search engines would not be liable as a result of performing their role as neutral conduits.

Once again, our goal is not to penalize legitimate intermediaries, such as search engines, that provide a valuable service to the users. That is highlighted by this amendment.

This amendment goes hand-in-hand with our desire to recognize the neutral role played by these intermediaries in online activities. This bill is intended to establish a balance between the parties, and this amendment will help establish a reasonable balance for everyone.

For the consumers, we have made another clarification with the amendment concerning access to copies in terms of alternative formats and later viewing. This amendment confirms that personal use refers to the entire household, not just a single individual. We feel this is a matter of common sense. We hope that the bill reflects this common sense, both in its implementation and in its spirit. We must ensure that consumers can take advantage of the content they have purchased at the time and in the format of their choice, while respecting the balance between creators' rights and consumers' rights.

In addition, the wording of the former provisions could suggest that they granted a right to mass-distribute copies, provided they were intended for the recipient's exclusive personal use. This amendment reinforces the language of the act without changing its spirit.

This amendment will also enhance intellectual property protection, while enabling consumers to enjoy their purchases in the comfort of their homes.

Earlier I mentioned that this bill would make Canada a world leader in copyright reform. It is also important to note that we will finally be meeting the standards of the international treaties to which Canada is a signatory.

We have also added an amendment respecting international treaties to clarify the remedies available to copyright holders and to make it clear that they may base a remedy on the treaty of their choice, but not two at the same time.

The purpose of our bill is to provide Canada with a modern intellectual property regime adapted to new technologies. Treaties overlap when copyright is asserted or belongs to countries that are signatories to both treaties. This clarification protects consumers and means they will not have to pay twice for the same service as a result of overlapping international laws.

Once again, we have to do things properly and ensure that the rights of consumers and creators are respected and that our intellectual property regime creates wealth for the future.

It is time to acknowledge that Canadians have spoken in favour of this legislation. It is time to pass the bill.