Madam Speaker, when this bill came forward, a tremendous number of people were concerned about it, including the photographers. One of their concerns was the lack of protection for their works. As I look at Motion No. 4 put forward by the Bloc member for Richmond-Wolfe, it seems that the Bloc Quebecois is infringing on ordinary contractual agreements that can be made between people.
The Bloc is really asking in this bill that there be a virtual interference with the ability of people to come to their own conclusions, arrive at their own agreements and work forward from that point. The member has brought forward a very restrictive motion. For example, Motion No. 4: "A person who for private and domestic purposes commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have copies of the work issued to the public", and I do not understand the Bloc's thought process here, "the work
exhibited or shown in public, or the work broadcast or included in a cable program service".
The reason I am saying I do not understand the Bloc's thought process is that realistically there should be an agreement between two consenting parties. When I look at the inclusion of the clause by the government I find myself far more in agreement with the position of the government. The reason is simply that it speaks about the exchange of value for consideration. The consideration was paid pursuant to the order and in the absence of any agreement to the contrary the person for whom the plate or other original was ordered shall be the first owner of copyright.
It sets up a pecking order that would work well to resolve situations between contracting parties as opposed to the Bloc amendment which sets up restrictions that people would actually have to negotiate away.
This is a concern. Photographers made presentations to us in committee, to me personally and to, I am sure, many other members. They pointed out that in a lot of instances when they lose control of the negative their work has the potential of being compromised.
I think of a situation in my constituency where a chap has had a photograph reproduced many times in many magazines. As a matter of fact it was actually made significantly larger and reproduced in poster format. It was the picture of a helicopter soaring above the clouds in the mountains taken from the mountainside. It is very dramatic. Imagine his chagrin that he has no way to recapture it.
We have been critical and continue to be very critical of the way in which the government has handled Bill C-32. Many portions of the act have created imbalances in both directions. It is being held together with chewing gum and baling wire. Nonetheless this is a clause included by the government that I would see the Reform Party being able to support fully.