Evidence of meeting #14 for Canadian Heritage in the 39th 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.
Conservative
Conservative
Jim Abbott Conservative Kootenay—Columbia, BC
Good, thank you.
You will recall, I'm sure, from 1997 my interest in what you were calling the “home copy regime”. Mr. Angus and I have possibly different perspectives on this, particularly in light of WIPO and the other revisions we're looking at. Help me on this if I'm wrong--I'm looking forward to your giving me some advice here—but my understanding is that a certain pool of money is created from this “levy”, if that's what we'd call it. Am I correct that this pool of money currently is being distributed at 100¢ on the dollar in Canada?
Am I further correct that if we were to do the changes envisioned under WIPO ratification, we would suddenly see a gigantic, gaping hole in that revenue, and the giant sucking sound would be the money leaving Canada, going to the various collectives or artists or whoever they are in the States and in other countries? Is my assumption correct?
Director, Copyright Policy Branch, Department of Canadian Heritage
No.
Conservative
Director, Copyright Policy Branch, Department of Canadian Heritage
On the first question, with respect to the beneficiaries of the home copying regime, there are three: authors of musical works, performers and performances in sound recording, and sound recording makers.
The first one, for authors, is payment around the world. Under the regime, authors around the world are paid for the copying of their music.
Conservative
Jim Abbott Conservative Kootenay—Columbia, BC
I understand, but I'm trying to be precise to make sure that we're both talking about the same thing. We're talking about the pool of money that is created from the gathering of funds on blank tapes for--
Director, Copyright Policy Branch, Department of Canadian Heritage
Authors of the world, yes.
Director, Copyright Policy Branch, Department of Canadian Heritage
With respect to performers and sound recording makers, only Canadians are eligible.
Conservative
Jim Abbott Conservative Kootenay—Columbia, BC
Just stop there; would people of that group outside of Canada have access to the funds under the WIPO provisions?
Director, Copyright Policy Branch, Department of Canadian Heritage
The home copying regime has nothing to do with the WIPO obligations. The home copying regime is a Canadian creation, and there is no international obligation mandating the government to have a home copying regime in Canada. It's up to member states to decide if they want to have a compensatory regime, but there's no international obligation to have such a regime.
Conservative
Director, Copyright Policy Branch, Department of Canadian Heritage
As I said, because we are under no obligation to have a home copying regime, in light of the obligation we've had so far, Canada has decided to offer the benefit of the regime to authors, producers, and performers, the way we did it in 1987.
One question is that by going ahead with the implementation of the two WIPO treaties, when it comes time to ratify the two WIPO treaties, are we going to be able to sustain or keep, in whole or in part, our home copying regime? That question has been raised in many reports in the past, and it's something we will be looking at further down the road.
Conservative
Jim Abbott Conservative Kootenay—Columbia, BC
So are there any best guesses as to whether it will be able to be maintained?
Director, Copyright Policy Branch, Department of Canadian Heritage
You're asking me to provide you with a legal opinion, and I cannot respond to that question.
Conservative
Jim Abbott Conservative Kootenay—Columbia, BC
Okay, I appreciate that.
Mr. Angus, obviously by his testimony, is in favour of this home copy regime. So in fact there is a question then as to whether it can be maintained in the ratification of WIPO. Is that correct?
Director, Copyright Policy Branch, Department of Canadian Heritage
That issue has been raised on several occasions: in the 2002 report, in the status report, by this committee in its interim report, so yes, it is a question.
Conservative
Jim Abbott Conservative Kootenay—Columbia, BC
I realize it's my government. Is it reasonable to presume that question would have been satisfactorily answered prior to the ratification legislation?
Liberal
Mauril Bélanger Liberal Ottawa—Vanier, ON
Unfair. Next you're going to tell them you guys are going to be rational? Unfair.
Director, Copyright Policy Branch, Department of Canadian Heritage
My colleague will answer that question.
Director, Intellectual Property Policy Directorate, Department of Industry
There are two steps. One is the implementation of the rights and protections found in the WIPO treaties. The question of ratification is a distinct step the government will take and will have to assess, whether as a result of the amendments it's brought forward, if it is in a position to ratify. But that's a separate consideration, which will follow.
Conservative
