Madam Speaker, it is my pleasure to rise today to debate Bill C-48. I want to make some comments on the notion of copyright and intellectual property in general, and Internet retransmission in particular.
I will start off by admitting that I have a personal bias to this topic because I write plays. I receive copyright royalties for my plays. Do not get me wrong; my royalties do not make me rich or in any way compensate me for the hundreds and thousands of hours that it actually takes to create a play. However I do know something about the reality of a royalty.
Therefore I ask my parliamentary colleagues to always remember who we are really talking about when we talk about copyright. We are talking about creators, the Canadians who write, paint, compose and choreograph and who tend to be quite frankly very poor.
The Canada Council says that most make a lot less than $20,000 a year and this includes royalty payments. I feel it is safe to say that the money given to creators for their work is almost always inadequate, but the point I want to make is that our approach to copyright should not be simply a question of money. It really is about much more than money. It should be about recognizing creation.
I know that some will not see it this way. I know for example that the Canadian Association of Broadcasters believes strongly that we must have strict copyright laws to protect the property of its members because to them the copyright is intellectual property, like an electronic mortgage that they should have a lien on or a televised mineral right that they are waiting to strip mine.
I know that many believe and have graphs and numbers to show that the western economies excel because of our recognition of intellectual property. However the so-called knowledge economy seems to fail to recognize that knowledge is simply borrowed creation. Without the creator there is no intellectual property.
If we simply follow the definitions provided by intellectual property treaties, they believe that our patent and copyright laws should always equate the act of writing poetry with the act of protecting the international patent for prozac.
I hope that groups like the Media Content Coalition will understand that strict copyright approaches to copyright reform will not always work. Our current law understands this. We already have exemptions for copyright, law relating to churches, educational institutions and persons with disabilities, but the exceptions are very small and restrictive. Churches can use music without paying royalties as long as there is no gain involved.
An individual can use any copyrighted work for research, private study, criticism, news reporting or reviewing as a fair dealing but the source must always be mentioned.
An educational institution can use a mechanical copy of a copyrighted work for display for testing, examination or translation on its premises for instructional purposes.
Creators are compensated through a government program to allow their works to be freely available through our library system. These flexible approaches are ones that creators want, and I hope the corporate copyright community will agree with the flexible approach to the law.
One unique thing about copyright is what is called the moral right. This is one place established in law where the power of the creator still shines and it shows how different a copyright is from a patent, the physical kind of intellectual property.
While the copyright can be assigned or sold by the creator, the moral right is the creator's right to be associated with the creation and the right to the integrity of the work. This right is always kept by the author or creator or his or her estate. Maintaining integrity means keeping their work from being distorted, mutilated or otherwise modified or used in association with a product, service, cause or institution. Otherwise, no one can use their creation for profit with or without their permission.
In a real way, Bill C-48 tries to address the same principle. The Internet provides a new way to communicate, to research, to entertain and to conduct business, but the technology has also created the ability to take, in effect steal, someone's creation and show it on the Internet without permission, without paying a royalty and without paying any attention to the creators. In fact they are stealing the creation and devaluing the creator.
After all, the television program was written by someone, acted out by someone and the set was designed by someone. By simply taking the creation and using a technological loophole, sending it out over the Internet and using it to sell advertising it is quite offensive to my creative sensibilities.
Bill C-48 changes section 31 of the Copyright Act to allow this loophole to be plugged.The bill would do this while still recognizing some of the more progressive collective approaches taken in our copyright law.
Despite the efforts of some in the corporate world, we have a collective approach to a lot of our copyright law. We do not track down every teenager and sue them every time they tape a CD or burn a copy of their favourite song. Instead, we have a very small charge on blank tapes and CDs which makes its way back to the creator. Frankly, as the parent of two teenagers, I know that this pragmatic approach is all for the better.
When a cable company captures a television signal and replays it to its subscribers, a compulsory licence is created and the equivalent of a royalty is paid. This is a good, pragmatic alternative to having every small cable carrier negotiate with every broadcaster to send its signal.
What Bill C-48 does is extend this system to the wide open spaces of the Internet. Some have proposed that this not be allowed or have suggested that retransmission only be allowed through a secure channel. However, we have to start down the road of dealing with the legal aspects of content on the worldwide web.
We have a responsibility to deal with the inaccurate impression that the Internet is a lawless place. We know in our hearts that laws do apply to cyberspace. We arrest and prosecute child pornographers who lurk online. We prosecute hatemongers and holocaust deniers who try and hide behind web servers.
The CRTC has backed off on regulating the net, but it is patently obvious that the government now has to deal with the details of regulating the net. If it fails in this challenge, then our cultural sovereignty will eventually disappear.
In conclusion, I believe that it is time we also applied the basic dignity of recognition for creation, which we do through copyright, to the Internet. I eagerly await the next bill in this area from the government as it proceeds with copyright reform.