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.
Ted Hsu Liberal Kingston and the Islands, ON
Mr. Speaker, the bill eliminates a multi-million dollar revenue stream for artists by eliminating ephemeral rights. There is no plan for a revenue stream to help artists adjust to that.
I was wondering how the member might propose amending this legislation to take care of that issue.
Alain Giguère NDP Marc-Aurèle-Fortin, QC
Mr. Speaker, with regard to private copying, if I am not mistaken—the hon. member can correct me if I am wrong—for two years, we had the right to put a levy on digital equipment, and people made money. We are talking about approximately $60 million. This allowed artists to keep their heads above water. However, this amount keeps falling, keeps dropping. That is why the legislation must be amended to include a private copying levy on all digital electronics. A levy. It is quite normal for equipment used to distribute an artistic work to include a levy, a copyright payment for the artist providing the content. An empty iPod is worthless. It is the content that makes an iPod valuable.
Romeo Saganash NDP Abitibi—Baie-James—Nunavik—Eeyou, QC
Mr. Speaker, I would like to thank the hon. member for his wonderful speech, which was so heartfelt and passionate. We, on this side of the House, have always been open and we remain so today. That is how the NDP works, by reaching out.
I was wondering if the hon. member could give us one example of a change he sees as necessary for this bill.
Alain Giguère NDP Marc-Aurèle-Fortin, QC
Mr. Speaker, with all due respect for the hon. member, I would say that the first thing that should be done with this bill is to put it in the garbage. This bill is terrible, right down to its spirit and essence. It does not respect artists; it respects owners of communications sites. That is the main issue. This bill is fundamentally biased. There is not a single clause in this bill that is good. The very spirit of its content is flawed. This bill should be rewritten. I said at the beginning that this bill is about denying copyright. The reverse is not true.
Annick Papillon NDP Québec, QC
Mr. Speaker, it is my pleasure to speak today to Bill C-11, An Act to amend the Copyright Act, because this is an important bill whose purpose is to make changes that have been needed for a long time. Certainly this is a somewhat complex issue, since the last version of this act dates from 1997, and the technology has changed a lot since then.
Copyright is a sensitive thing, especially in the electronic age when file sharing and a plethora of content are available on the Internet. Consumers should not be able to download from illicit sources on line without having to pay. Reform of the Copyright Act was needed in order to provide greater protection for our creators. It is also essential to update the Canadian legislation, which is several years behind what is provided in international agreements.
While the government’s intention to focus the battle against piracy on the big offenders is laudable, unfortunately, as my colleague said, Bill C-11 does not take into account the needs of the creators. With this bill, the Conservatives have intentionally avoided addressing the question of a possible expansion of the private copying exception, a measure that has been proposed by the NDP and a number of experts.
In Bill C-11 the Conservative government has brought us back exactly the same content as Bill C-32, which had already been severely criticized by the arts community. Bill C-11, unfortunately, does not achieve the balance that is needed between the rights of creators and the rights of the public. In spite of the fact that a number of artists, experts and spokespeople have addressed the parliamentary committee on this in recent months, the government is once again proposing a bill on which there is no unanimity.
And so the Conservatives have ignored the opinion of the experts heard in committee and the conclusions from their own copyright consultations in 2009. The result is that they have brought in a bill that could do more harm than good, and that is why we need to understand it clearly. We can therefore say that although a number of worthwhile proposals have been made and although there is a will on the part of politicians to work together to achieve a fair bill, the government has continued to turn a deaf ear to those proposals.
The National Assembly of Quebec has unanimously denounced this legislation, which does not ensure that Quebec creators receive full recognition of their rights and an income that reflects the value of their creations. In addition, on November 30 of last year, 100 Quebec artists, including Luc Plamondon, Robert Charlebois, Michel Rivard and Richard Séguin, travelled to Ottawa to tell the Minister of Heritage and Official Languages, the Minister of Industry and the entire Conservative caucus that they did not want the copyright bill in the form the government is stubbornly presenting.
Bill C-11 favours the big players in the creative world. Unfortunately, the small artists and artisans are not as lucky. What Bill C-11 does is to attack artisans’ copyright directly, and in so doing it contributes to destabilizing the low incomes of Canadian artists. An example of the revenue that minor creators will soon have to forego is the tens of millions of dollars now paid to authors annually by the education system. From now on, the education system will be able to use our authors’ works without having to pay compensation. Certainly the NDP supports the use of these works for educational purposes, but it believes that this should not be done at the expense of the creators.
Nor does Bill C-11 provide for any compensation for downloading to an iPod. A solution suggested by many, to impose a $2 to $5 levy on iPods and other portable digital players has been dismissed by the government, once again at the expense of creators. Nor does this bill contain any provision in relation to Internet service providers obligating them to pay fees for music downloaded through their networks. The government is simply calling on providers to be partners in the fight against piracy by forcing them to take receipt of copyright violation notices issued by creators and the organizations that manage their rights.
Another controversial point in this bill has to do with digital locks. Under this provision, it will be illegal, for example, for a consumer to break the digital lock installed on a DVD that the consumer has purchased, just to copy it onto a personal computer. That could become particularly problematic when locks are installed on educational material.
Artists do not benefit because they are deprived of millions of dollars in levies, and students do not benefit because they will have trouble accessing the educational materials they need. Certain copyright owners, the big companies, will benefit.
The Copyright Modernization Act gives with one hand and takes away with the other. Even though the bill contains certain concessions for consumers, these are undermined by the government's refusal to compromise when it comes to the most controversial copyright issue in this country, the digital lock.
When it comes to distance education, for example, the provisions in the new bill mean that people living in a remote community will have to burn their class notes 30 days after downloading them. That is not an improvement on the current situation and it is not an appropriate use of the copyright regulations.
In summary, it appears that all efforts to reform the Copyright Act in Canada in recent years have had very little impact on the creation of a balanced system between the rights of creators and those of the public. One only need look at the demands made by the big content owners in the U.S. to see whom this bill will really benefit. It is a valid question: have the Conservatives forsaken Canadians at the expense of copyright interests in the United States?
Recent documents published by WikiLeaks clearly show that the Conservatives have acted against Canada's interests. The documents paint a dismal picture of the Conservatives who have conspired with the Americans in order to force the adoption of copyright legislation similar to that in the United States.
New documents reveal that the government encouraged the United States to put Canada on their piracy watch list in order to pressure Parliament to pass new legislation that would weaken the rights of Canadian consumers.
In the words of the NDP critic for copyright and digital issues, Charlie Angus, “The U.S. Piracy List is supposed to be reserved for—”
Copyright Modernization ActGovernment Orders
October 18th, 2011 / 4:15 p.m.
Conservative
The Acting Speaker Conservative Bruce Stanton
Order, please. I would like to remind the hon. member that it is not appropriate to mention a member's name. She should instead refer to his riding. That is preferable.
The hon. member for Québec has the floor.
Annick Papillon NDP Québec, QC
Mr. Speaker, I am sorry. I was speaking about the hon. member for Timmins—James Bay, who said:
The U.S. Piracy List is supposed to be reserved for countries on the margin of international law. Instead it is being used as a bully tool to undermine Canada's international trade reputation.
If the Conservatives are prepared to use their majority to impose this legislation without amendments, Canadians will be deeply disappointed by a government that would ram through a bill that lacks balance and takes away some rights from Canadian authors and creators.
The NDP believes that it is high time to update the Copyright Act but that Bill C-11 has too many obvious problems. We will therefore work on amending the bill so that it better reflects the interests of Canadians. For that reason we are proposing, among other things, to delete from the copyright modernization bill the clauses that criminalize the removal of digital locks for personal, non-commercial purposes. Furthermore, we support shorter sentences for those found guilty of violating the Copyright Act because this would prevent the excessive recourse to litigation against individuals, a situation that is problematic in the United States.
Copyright Modernization ActGovernment Orders
October 18th, 2011 / 4:20 p.m.
Peterborough Ontario
Conservative
Dean Del Mastro ConservativeParliamentary Secretary to the Prime Minister and to the Minister of Intergovernmental Affairs
Mr. Speaker, Bill C-11 is written entirely technological neutral and that is important.
The member discussed a few items. I believe she touched a little on the issue of royalties and so forth. We refer to that as an iPod tax, the copying levy that her party endorses.
Part of the problem with the position of the members opposite on this and the reason why digital locks are so important is because storage of music, movies and so forth will not actually be on devices like this anymore. People will not buy them on cassettes, DVDs or CDs. I am sure members have heard of the iCloud that Apple has just launched. I am sure we have seen things like Rogers On Demand, Cogeco On Demand and Shaw On Demand. People just push the button and they have an inventory of movies.
Digital locks are absolutely imperative to be put in place so that material cannot be stolen, so that the rights holder, which is not Rogers or Shaw in most cases, is actually protected and paid for the use of that material.
That is why it is important. It is a business solution.
Annick Papillon NDP Québec, QC
Mr. Speaker, I thank my colleague opposite for the question.
I would like to ask him the following: if it is neutral, as he claims, why do more than 80 arts and culture organizations in Quebec and the rest of the country say that the bill is toxic? They say it is “toxic to Canada's digital economy.” And how can he ignore all the economic benefits of the arts and culture?
In addition, as the member for Québec, I can attest to the extent to which all levels of government usually agree. I deplore the fact that the federal government does not currently recognize that investing in culture is a good way to contribute to the economy, which is important right now.
Ted Hsu Liberal Kingston and the Islands, ON
Mr. Speaker, to learn to write, one has to read the works of the great writers. To learn to play music, one must listen to the performances of the great musicians.
The next generation of artists is in a really special position with technology that is available. It allows artists to immerse themselves in what has come before them and what people in other parts of the world do.
It concerns me a bit that education has not been clearly defined in the exemptions in the legislation. Would my hon. colleague agree with that and does there need to be a more careful definition of education in the legislation?
Annick Papillon NDP Québec, QC
Mr. Speaker, I agree and I thank my colleague for his question and his heartfelt introduction.
Indeed, a number of things do not add up in this bill. The notion of education is very poorly defined. That is why, like my colleagues, I think we must absolutely amend this bill and make some major changes, if not completely take an axe to it. The artistic community has spoken out against this bill.
Sadia Groguhé NDP Saint-Lambert, QC
Mr. Speaker, I congratulate my colleague on her speech and would like to quickly ask her what consequences digital locks would have on the industry.
Annick Papillon NDP Québec, QC
Mr. Speaker, I think that digital locks would have some very serious consequences. They are the key point of the bill. I think there are many other elements like that in Bill C-11 that could cause problems.
The House resumed consideration of the motion that Bill C-11, An Act to amend the Copyright Act, be read the second time and referred to a committee, and of the amendment.
Kevin Lamoureux Liberal Winnipeg North, MB
Mr. Speaker, I welcome the opportunity to speak on Bill C-11, a bill that I understand has a bit of a history in the chamber. I can appreciate that at times the government is frustrated because it does not necessarily get what it wants.
In previous minority governments, the Conservatives attempted to pass legislation of a similar nature, almost a word-for-word bill, but because of the frustrations of not being successful in getting it passed, we once again have Bill C-11 before us, the same bill with a different number.
I would suggest that many of the concerns that were expressed over the last number of months and beyond still exist today and I would encourage the government to open its mind as to what types of amendments would make the bill a healthier one. At the end of the day, even though Liberals have moved an amendment to deal with the bill, we recognize that there is value to ensuring that we have copyright laws that are fair and balanced.
We recognize the importance of the individuals who create our music and other aspects of our culture and we want to encourage the industry. As has been pointed out by many, our cultural community provides a huge economic benefit for all Canadians. We need to do what we can as legislators to protect and encourage that industry and to ensure that it is going to be able to not only continue but grow and prosper. When that industry grows and prospers, we will see more jobs being created and the overall lifestyle in Canada being improved on many different fronts.
We recognize the value of artists and others and recognize how important it is for us to be there in a very real and tangible way, but we also value the importance of the consumer. We want to ensure that consumers' rights are in fact protected. This provides me the opportunity to share with the House some of the concerns I have with regard to that particular issue.
My biggest concern is the whole concept of the digital lock provisions in the legislation. I must admit that I am somewhat dated, in the sense that I can still recall the good old eight-tracks and record players. People went to Kmart or Zellers and bought blank cassettes. They had music at home on the record player and they recorded the music that they, or maybe even their parents, had purchased from the store. They recorded it on cassette so they could continue to enjoy that music on a trip in the car, believing that they had acquired the song they wanted to listen to.
I recall hanging around with my buddies and talking about the fact that we had to buy records for x number of dollars just to get one or two songs that we liked. We ended up buying five or six records and put all our favourite songs on one cassette, and there was never any feeling that we were pirating anything or that it was an illegal act.
The vast majority of consumers want to do the right thing. Consumers are responsible individuals and contributors to our communities, and they recognize how important it is that we protect our artists.
Quite often when we think of artists, we think of big name artists, and there is a bit of resentment toward them. Some would look at the late Michael Jackson and ask themselves just much money this guy really needs and the type of royalties that one would pay. There might not be as much sympathy for big name artists, but we still have to protect artists through copyright laws.
A vast majority of the artists are not multi-millionaires. They are hard-working Canadians who have sacrificed their time, energy, thoughts and ideas. Maybe they rented a recording studio and put together a CD. Now they are hoping to make enough money from that CD to recover their costs, and if they can make a little extra, they are very grateful.
In Winnipeg we have a wonderful annual event known as Folklorama. I suspect a number of my colleagues in the House will be familiar with it, and I would recommend that all members visit Winnipeg during a Folklorama and become familiar with it. They would witness a litany of those types of artists who are so committed to making events like Folklorama work and who are so committed to what they do that they sacrifice a great portion of their energy and their time in order to produce that contribution to our culture.
One individual at the Indian and Métis Friendship Centre on Robinson Street in Winnipeg North--I believe his name was Lavallee--played the violin and performed a jig, which is a wonderful fancy dance I hope to be able to perform someday myself. This artist lives in a modest apartment in Tyndall Park. I did not ask him how much he was making or what the proceeds were on his CD, but he sure was proud of it. He felt it was right on, and good quality. At the end of the day, after the audience had been able to listen and hear this man playing live on stage and after the concert was over, he stood by the door selling his CDs.
I enjoyed the performance. I was pleased to meet him, shook his hadn, and said I would love to buy the CD. I did not purchase the CD because I wanted to go home and listen to the music right away, but because I wanted to support a young artist and saw the benefits of doing that.
I would argue that there are tens of thousands of Canadians who would do likewise, because we get an appreciation of the artists' efforts. In many ways we are talking about our sons or daughters who are in this line of work or engaged in this creativity, and I suspect we would find a great deal of support, but when I look at the legislation, I see that the government seems to be determined that it has it right and it does not really matter what the opposition has to say: it will go to committee, where it has a majority, and pass it the way it is.
I do not make that assertion lightly. I was listening to some of the speeches earlier, and we hear that there were literally hundreds of people, if not thousands, who provided feedback to the government with regard to the legislation. They provided ideas that could have made it a better piece of legislation, yet the government, for whatever reason I am not sure, has made a determination that what it has is as good as it is going to get and that they are really not open to any changes or amendments.
That is why I believe the responsible thing for the Liberal Party to do was to bring forward this recent amendment. We want to see balance when it comes to copyright rules and laws. It is important that it be balanced, and the government has not recognized or acknowledged that.
I will give an example. If my daughter were here, she would be able to tell us anything we wanted to know about iPods. It is amazing what young people can do with one hand with these little items. From pictures to music and videos, the technology is incredible. Should not my daughter or millions of other Canadians who purchase an item in digital format, such as a song, have the right to use that purchase in different ways, as long as it is for personal reasons?
I am not going to suggest that my daughter or anyone else should be able to buy a song and download it onto the computer and send it out to two million Canadians. That would not be appropriate.
What would be appropriate? She has a cell telephone. She has an iPod. She has one of these iMac computers. Should she be obligated to buy one copy for each? I'm not entirely convinced that should be the case.
I would look to members to tell me if I was wrong when, in those younger teenaged years, I acquired records that I enjoyed and would pick and choose songs from each record and record them onto a blank cassette so that I could listen to the cassette with all of my favourite songs on it. Was that wrong? I do not believe it was.
When we require such things as digital locks, there are impacts. I have DVDs. We all have DVD movies. I have some VHS movies that have digital locks. There are some movies that I really enjoy, and quite often I will put on such a movie in the background while I work on my laptop doing constituency work or whatever else it might be. The movie is playing in the background, but DVDs get scratched up and VHS tapes get worn. Should I not be able to back up the material that I purchased? Do I not have the right to do that?
These are very real question marks. They are there today with regard to the proposed legislation.
We have to ask if this is the type of legislation we should be moving forward. We have to keep in mind that because there is a majority government, no matter what we hear in committee, all indications are that the government is determined to pass the bill the way it is. The government is not really open to amendments.
If we are trying to address genuine, bona fide concerns in the second reading debate, one can understand why the Liberal Party is suggesting that we pass the reasoned amendment. If government members were to stand and say they are prepared to listen and act on some of the concerns being expressed by opposition members, there might be the will to pull the reasoned amendment. There would have to be a clear indication from government members that they would accept some amendments or amend the bill themselves. I have participated in majority governments in Manitoba. Many amendments that originated from the opposition were passed. If an amendment would make the legislation better, why would the government not at least approach it with an open mind?
One of the more appropriate ways to do that would be for a government minister to approach the critics. There should be briefings for the critics to explain what it is the government hopes to do with the legislation. The critics could take that information to members in their caucus. The issues could be debated to see if there could be some changes. We should invite stakeholders outside Parliament to voice their concerns and if, through that consultation process and through the work of the critics and ministerial staff, there are some amendments that would make a better piece of legislation, we should be prepared to accept them.
I have heard other concerns. I do not know how extreme it is, but will students be obligated to get rid of their homework after a certain amount of time? To be honest, I have not had the chance to read every detail in the bill, but a lot of red flags go up the pole when I hear a member of the opposition say that after a certain number of days a student might have to shred the notes that were taken in class. That is worthy of more discussion.
Let us see what sort of amendments might come up. I look forward to the bill going to committee. I look forward to seeing how the government will respond to amendments put forward by the New Democratic Party or the Liberal Party.
One of the benefits of allowing for debate on the bill is that individuals such as myself can get up and express their concerns. Some members are very specific in their concerns. The government has the responsibility to digest what is being said. The government itself can bring in amendments at committee stage. Imagine the goodwill that would be shown if the government were to identify some of those concerns.
I suspect that if we were to check with most Canadians, a number of the concerns that have been raised this afternoon on this bill are quite legitimate. They are definitely worth looking into to see if things can be done to make the bill better. If the government is not prepared to do that, the best thing we could do is go back to the drawing board. Let us look at the reasoned amendment that has been proposed by my colleague.