Madame Lavallée, I certainly agree with a lot of your sentiment, particularly the sentiment that talks about droit d'auteur and how important that concept is in Quebec. Sometimes in English Canada we unfortunately don't perceive it that way. Your point is a very valid one, and the Bureau du droit d'auteur mentioned that point.
You can see that concept very significantly as it plays out in the UGC exception, where the fundamental concept of an author being able to control how the work is used, what it's used with, and what it's associated with, is absolutely fundamental. In this case this exception is not just about little mashups; it's about a lot more, which would have really important ramifications on droit d'auteur.
On your other point, I also agree that as the exceptions are drafted, it would lead to a lot of uncompensated copying, but the format shift, for example, is drafted in a broad enough way that it would permit people to side-load from other people's computers. That could not be intended. It would permit one person to copy their entire iPod or computer onto somebody else's computer, which again is not intended. The intention must be to copy only for the person's own private purposes, not for somebody else's private purposes.
Lastly, in relation to statutory damages, you raise a really good point about the interrelationship between statutory damages and behaviour. What this bill does with respect to statutory damages is tell people they can copy as much as they want onto their computer or onto their iPod. It doesn't matter how many times, because the most they're going to be liable for is $5,000. Once you're copying, why not copy as much as possible?
Our trading partners have tried to send signals indicating that this kind of behaviour is not appropriate. The statutory damages that we have give exactly the opposite message to consumers, which is that you don't need to buy legally. You might as well just load up, because if they catch you, there will be a cap.