Evidence of meeting #5 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 copyright.
A recording is available from Parliament.
NDP
February 29th, 2012 / 5:30 p.m.
Chief Executive Officer, Head Office, Criterion Pictures
Could you repeat the question quickly?
Chief Executive Officer, Head Office, Criterion Pictures
We think there's a simple amendment that will save our industry. It's not that we don't have other problems with some aspects of the copyright bill, but it would be by simply indicating that if the material is commercially available there is not an exemption to section 29.5.
Chief Executive Officer, Head Office, Criterion Pictures
It's a simple thing. We've run it past both the departments, Heritage and Industry. Copies of it are provided to you in English and French in our brief. I think it's fairly simple.
President and General Manager, Head Office, Criterion Pictures
I just want to say that our understanding is that the educators just want to be able to access the rich resources that are on the Internet without fear of infringement. They are not wanting to avoid paying people for the copyright material they have created.
The amendment we proposed in section 29.5 simply provides them with the access they want to materials on which there isn't a collective society collecting copyright, but also protects our businesses by enabling us to collect the fees on the intellectual property we represent. It strikes the balance educators are looking for and our industry is looking for.
NDP
Tyrone Benskin NDP Jeanne-Le Ber, QC
I know.
I'll turn to SARTEC. You basically voiced something that's come up a number of times in terms of extending the private copying levy to digital formats. As I understand it, it was basically suggested that the levy was to go to simply devices that were advertised specifically for playing music and audiovisual, as opposed to computers and external hard drives and things of this nature.
We're looking at losing that, because right now it stipulates cassettes and CDs. What kind of impact on the people you represent would the loss of that have?
President, Société des auteurs de radio, télévision et cinéma
Since it's not existing, that application of the--
President, Société des auteurs de radio, télévision et cinéma
Okay. Thank you.
Since private copying in audiovisual formats doesn't exist at this time, doesn't exist yet, there is no loss of revenue. But since it is now technically possible, we would hope that private copying would also extend to these formats that are used solely to play content. You don't buy an MP3 player because it's beautiful; you buy it for the content it will play. That is the value of these things. So we wanted the same kind of contribution as cable broadcasters, for example.
Yves Légaré Director General, Société des auteurs de radio, télévision et cinéma
We are also concerned about the fact that works are circulating more and more, particularly audiovisual works. Although it isn't perfect, private copying is one way to partially control use, if not compensate it. With the decrease in private copying, there will be no private audiovisual copying. The number of uses will multiply, but it will become increasingly difficult to obtain compensation.
NDP
Pierre Nantel NDP Longueuil—Pierre-Boucher, QC
In your opinion, what source of funding would make it possible to obtain a collective levy for the private copying of audiovisual works?
Director General, Société des auteurs de radio, télévision et cinéma
To date, the source has been the buyer, so, the user, and the Copyright Board was in a position to set an appropriate levy.
If we're talking about balance in the act, there are licensing bodies and a Copyright Board. Here, in fact, there is an unequal power relationship. It's surprising, given that few people have been able to demonstrate that there was an unequal power relationship in favour of the authors. Regardless, if there is an unequal power relationship, the Copyright Board is able to deal with the issue and determine the terms of the levy.
Conservative
Peter Braid Conservative Kitchener—Waterloo, ON
Thank you, Mr. Chair.
I'll start with Ms. Hitchon, please. I want to understand why you feel that Bill C-11 threatens your business model, and I'd like to hear some examples.
President and General Manager, Head Office, Criterion Pictures
Let's take a program that we distribute on the Canadian prairies. We charge a public performance fee for it, and a good chunk of what we charge goes back to the producer. So let's say about 50% goes back to the producer.
