I'm sorry.
So I was saying that Bill C-11, over the long term, will put an end to the private copying regime since compensation will be limited to blank audio media rather than extended to other media and devices now in common use. By also creating new exceptions, such as those allowing reproduction for private purposes, the government has put up a roadblock to any subsequent extension of the private copying regime to the audiovisual field and other sectors.
Making copies for private purposes is a widespread practice that cannot realistically be eliminated or criminalized. The private copying regime essentially makes the practice legal by compensating authors. At a time when content is circulating more than ever on a variety of platforms, the extension of the private copying regime would in fact be a potential solution to the problem of controlling the use of works.
The bill permits the use of legitimately acquired material in user generated content … created for non-commercial purposes. However, this applies only to creations that do not affect the market for the original material, such as creating home videos or mash-ups of video clips. The justifications given for this exception are that more and more, Canadians are using content in ways that contribute to the cultural fabric of our society and it is important for Canadians to be able to fully participate in the digital economy.
It's hard to fully participate in the digital economy if commercial purposes are to be avoided. There is no doubt that certain uses are fairly harmless but the application of this exception could be much broader and difficult to interpret. Using one work to create another also means that the author's moral rights in the integrity of the author's work are ignored. On what basis can the government allow the author's creative output to be appropriated by others? This new exception opens the door to a variety of uses that will be impossible to control.
We have nothing against parody and satire. Our authors are actually the creators of some of it. But as much as we defend their right to produce that type of content, we also refuse to allow works to be appropriated solely to profit from their success and fame.
Many authors have produced parody and satire without being sued. Why does the government find it useful to make this change by including parody and satire in fair dealing? Is there not a risk of unnecessarily extending the scope of that exception, opening the door to a more lax interpretation, and fostering new court cases?
In general, the exceptions are supposedly motivated by a desire for balance between copyright owners and users. The exceptions in Bill C-11 cover the audiovisual sector, but go beyond that to encompass other sectors. Nowhere is it demonstrated that free access to content helps achieve greater balance between the two sides.
And yet, in recent years, thanks to digitization, it is becoming easier and easier to access and copy works but more complicated to provide compensation. The imbalance indeed exists but it is clearly tipped in favour of users over copyright owners.
The current act contains all the parameters needed to ensure a balance between copyright owners and users. For example, copyright licensing agencies help make content easier to access while the Copyright Board can intervene to set pricing if the parties involved are not able to reach a negotiated agreement.
Before adding new copyright exceptions, the government could also have considered that copyright is recognized in the Universal Declaration of Human Rights and that international treaties such as the Berne Convention specify that exceptions should, as a rule, be special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.