Madam Speaker, no one is against the modernization of the act, which has not been updated since 1988 and is considered obsolete because of the advent of the Internet and digital technologies. Many Quebec and Canadian creators have been waiting a long time for the legislation to be overhauled. Their expectations have been shattered and now they realize that the government has responded to institutional and, above all, corporate needs, and definitely not to the basic need of supporting creation.
If there is to be no creation, no support for the creative instinct that inspires any material that could be subject to the principles of copyright, why are we wasting our time setting copyright guidelines? This bill has drawn a great deal of criticism from all stakeholders affected by Bill C-11, be they academics, whom the bill is trying to please, or artists, who provide a revenue stream on which the government has always counted. There are also the members of the general public, who will be criminalized for the personal use of artistic material that they purchase. Pierre-Paul Noreau, of the newspaper Le Soleil had this to say:
What is astounding about the government's approach is that Bill C-11 is the exact replica of Bill C-32, which died on the order paper when the federal election was called.
But there was a long series of consultations between the two bills. Experts, artists and spokespeople from groups concerned with copyright testified during 20 meetings of a hard-working legislative committee. But since the government had already made up its mind, nothing that was said changed the original bill. The government did not even listen to constructive criticism of its approach. Cabinet reacts to such criticism by saying that amendments are still possible.
In its current form, Bill C-11 is a catastrophe for authors, since it directly undermines copyright, which is how authors earn their meagre incomes. The proposal reduces the potential to earn real dollars and does not offer any alternatives. For example, the education system will now have much more freedom to use works in class, whereas it currently pays tens of millions of dollars to authors every year. Similarly, the logical principle of a levy on blank cassettes and CDs that had existed until now, but that has been bringing in less and less money, will not apply to digital audio recorders such as iPods, which have replaced these formats for storing copied music and images. This means that artists will see their revenue sources dry up in the interest of more freedom for users.
The answer is sad, yet clear. Since the government has said that it is open only to technical amendments, creators will have to cling to the hope of the mandatory review that will be conducted in five years, if they are able to hold out that long. This long-awaited update contains several well-targeted elements. Unfortunately, it has one major weakness. The reform fails to consider the minor creators. Some creators and participants in the cultural industry have criticized the government for failing to extend the royalties they receive on blank CDs to new technologies, such as the iPod, in order to compensate them for the reproduction of their works.