Evidence of meeting #10 for Bill C-11 (41st Parliament, 1st Session) in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.
A recording is available from Parliament.
Conservative
Liberal
Geoff Regan Liberal Halifax West, NS
I'd like to ask Mr. Lake what they're trying to achieve with this clause.
NDP
The Chair NDP Glenn Thibeault
It's Mr. Lake's time right now.
I'll go back to Mr. Lake if there is no further response.
Mr. Lake, we're still into your time.
NDP
The Chair NDP Glenn Thibeault
Okay. Do we have any other discussion on the amendment?
We were discussing Liberal amendment 2. I will then call the question. All those in favour, please raise your hands.
NDP
NDP
The Chair NDP Glenn Thibeault
There was a discussion about joining Liberal amendment 3 and Liberal amendment 4, and applying the vote from the previous vote, on amendment LIB-2.
Do I have the unanimous consent of the committee to do so?
NDP
The Chair NDP Glenn Thibeault
We will say that LIB-3 and LIB- 4 have been moved by Mr. Regan. The vote is just applied.
(Amendments negatived [See Minutes of Proceedings])
Now we are on Liberal amendment 5 on page 15.
Liberal
Geoff Regan Liberal Halifax West, NS
Thank you, Mr. Chairman.
Once again it seems to me that in protecting copyright, the idea that we're simply saying you can't give away a reproduction is insufficient. We ought to be saying that you cannot sell, distribute, rent, or give away the reproduction. I don't know why that wouldn't strengthen this prohibition, but I move LIB-5. I encourage my colleagues to consider the benefits this will have for people who are copyright owners, and artists particularly.
NDP
The Chair NDP Glenn Thibeault
Thank you, Mr. Regan.
Just for clarification on the amendments, I'm asking for a show of hands, so they can't be on division. On a show of hands it has to be one or the other. I've just had that stated to me, so I'm asking you to just show hands if you're voting on that.
We're opening up discussion on LIB-5. Is there any discussion on the amendment as presented?
(Amendment negatived)
Next is NDP-4.
NDP
Charlie Angus NDP Timmins—James Bay, ON
Thank you. We'll be moving this motion, and I'll turn it over to my colleague Mr. Cash to speak to it.
NDP
Andrew Cash NDP Davenport, ON
This is a small technical amendment for clarity's sake. It will provide assurances to the music sector that this clause will not be misused.
We heard in witnesses' testimony that broadcasters intend to exploit what they see as a loophole in Bill C-11. In fact, not only do they intend to exploit it, they also intend to complain that it's too hard to exploit. We have an interest in ensuring—and we'll have a discussion about this down the road—that this backup in broadcasting amendment will close the loophole that some stakeholders are concerned might be used by broadcasters.
The exceptions stated for the backup copies are not the direct concern of this amendment. The potential exploitation of these exceptions is what concerns us and the official opposition. The clause stipulates that a person is the intended beneficiary of the right to make and possess backup copies. But as I've just mentioned, the committee has seen that we must be clear where possible loopholes exist.
Specifically our intention here is to protect the rights of artists from non-individuals attempting to access these exceptions, namely those in the broadcasting sector. They've been very open and clear that they intend to exploit these loopholes where they can find them. If kept as written, there exists a possibility that broadcasters may try to use these provisions to avoid paying royalties on their ephemeral copies.
The bill and the act deal with the backup copies used for broadcasting purposes in a separate section, and this amendment simply underscores that fact. This is a very simple technical amendment, and we hope that all parties will support it. It shouldn't be a very controversial leap for anyone.
Thank you.
NDP
The Chair NDP Glenn Thibeault
Thank you, Mr. Cash.
There are still approximately two minutes for the New Democrats to speak to this amendment. Is there anyone else who chooses to speak? Is there any further discussion?
(Amendment negatived)
NDP
Conservative
NDP
The Chair NDP Glenn Thibeault
We have the consent of the committee to do so.
Is there any discussion on any of those clauses, clause 23 through to 26?
(Clauses 23 to 26 inclusive agreed to on division)
(On clause 27)
NDP
The Chair NDP Glenn Thibeault
On clause 27, we will open it up for discussion on the clause.
Is there any discussion on clause 27?
NDP
The Chair NDP Glenn Thibeault
Okay.
There is no discussion on the clause, so we can move then to Mr. Angus.
I've been informed that NDP-5 is identical to the Liberal amendment 6. We can only proceed with the first one. If Mr. Angus is moving forward with this amendment—
