Mr. Speaker, I appreciate being allowed to rise for debate on Bill C-11, the copyright modernization act.
Since 2006, one of our government's goals has been to protect those who seek innovation by creating or evolving new ideas. We have answered the call sent by Canadians for responsible copyright legislation that would protect and help creators, performers and copyright owners or consumers. Our government recognizes how new technologies are changing the lives of many Canadians, and our creative industries deserve a modern understanding of the critical role copyright laws play in protecting and creating jobs in Canada's digital economy. In our fast-moving technological world, it is important that our legislation remain current and provide a better, more efficient way for copyright owners to create and protect their content.
After an attempt to modernize our copyright legislation in 2011, which we could not complete because of the demand from the opposition for an unnecessary election, I am proud to say that we continue to pursue this goal. We are glad that Canadians gave our government a strong majority so that the opposition can no longer disrupt our goal of providing creators with a modern copyright act that is in line with today's digital world.
By reintroducing this bill without change in the fall, our government reiterated its support for a balanced approach to copyright reform, and after hearing more than 70 witnesses at the Bill C-32 committee and almost as many at the Bill C-11 committee, we think that this bill will finally provide a new, modern and up-to-date vision for copyright that has always been shared by our government. Not only would this legislation bring our country on par with international standards; it would also make our country a world leader in terms of copyright reform. For example, I would cite the notice and notice provisions of this bill as truly innovative.
I am also glad to say that multiple witnesses have provided strong support for this bill, acknowledging that our government's main goal is protecting and creating jobs while stimulating our economy and attracting new investment to Canada. As an example, the Canadian Publishers Council said that our government “...demonstrates a clear understanding of the need to amend the current Copyright Act to bring it more in line with our times”.
In this regard, let me say a few words about the proposed amendments to Bill C-11, amendments that speak to the concerns that have been raised and that will bring some clarity and precision to the bill.
For example, in response to the concerns from the CNIB, which provides support to blind and partially-sighted Canadians, we have introduced an amendment for non-profit organizations that limits the legal actions that can be taken against non-profits that mistakenly export abroad an alternate format that is meant for people with visual impairments.
Some non-profit organizations had raised concerns with regard to the fact that they could be discouraged from making use of the exception regarding formats for people with a perceptual disability, because of the related legal liabilities. This clarification will enable these organizations to use the exception without fear of negative consequences.
At this point, I would like to take this opportunity to thank all those who contributed their briefs and suggestions to Bill C-11.
The intent of the bill is not to punish legitimate organizations that make an honest mistake in good faith, but to protect intellectual property as well as the rights of consumers. It should be noted that copyright holders can always ask for an injunction to bring an end to any violations. This amendment shows our good faith as well as our openness to proposed technical amendments. I would like to repeat that our intent is not to punish those who respect the law.
With this in mind, I would like to mention another amendment that would help to better target those persons who do not obey the law and who abuse the opportunities offered by the Internet. This amendment concerns safe harbour provisions. The amendment would clarify the scope of the legislation and eliminate safe harbours for persons who allow or enable copyright infringement.
Currently, service providers have four areas of exemption regarding enabling offences: caching services, hosting services, telecommunications services and information location tools, such as Google or Yahoo.
The amendment to the bill would eliminate safe harbours for caching and hosting in cases where copyright infringement would be enabled. Safe harbours are not created for criminals who seek to escape the law and abuse the legislation for their own profit. The amendment would clarify this issue.
The amendment would have a positive effect and give copyright holders other means of recourse to protect their works. They have the right to benefit from the results of their efforts.
We have also made an amendment concerning the scope of injunctions in order to clarify the legal issues surrounding search engines. This amendment would address concerns with search engines and possible catch-all injunctions that would be too broad to enforce, such as a court order requiring that a song be completely removed from the Internet.
It is a matter of demonstrating common sense and having realistic expectations of what can be done to fight Internet piracy. Under the provisions of our bill, search engines would not be liable as a result of performing their role as neutral conduits.
Once again, our goal is not to penalize legitimate intermediaries, such as search engines, that provide a valuable service to the users. That is highlighted by this amendment.
This amendment goes hand-in-hand with our desire to recognize the neutral role played by these intermediaries in online activities. This bill is intended to establish a balance between the parties, and this amendment will help establish a reasonable balance for everyone.
For the consumers, we have made another clarification with the amendment concerning access to copies in terms of alternative formats and later viewing. This amendment confirms that personal use refers to the entire household, not just a single individual. We feel this is a matter of common sense. We hope that the bill reflects this common sense, both in its implementation and in its spirit. We must ensure that consumers can take advantage of the content they have purchased at the time and in the format of their choice, while respecting the balance between creators' rights and consumers' rights.
In addition, the wording of the former provisions could suggest that they granted a right to mass-distribute copies, provided they were intended for the recipient's exclusive personal use. This amendment reinforces the language of the act without changing its spirit.
This amendment will also enhance intellectual property protection, while enabling consumers to enjoy their purchases in the comfort of their homes.
Earlier I mentioned that this bill would make Canada a world leader in copyright reform. It is also important to note that we will finally be meeting the standards of the international treaties to which Canada is a signatory.
We have also added an amendment respecting international treaties to clarify the remedies available to copyright holders and to make it clear that they may base a remedy on the treaty of their choice, but not two at the same time.
The purpose of our bill is to provide Canada with a modern intellectual property regime adapted to new technologies. Treaties overlap when copyright is asserted or belongs to countries that are signatories to both treaties. This clarification protects consumers and means they will not have to pay twice for the same service as a result of overlapping international laws.
Once again, we have to do things properly and ensure that the rights of consumers and creators are respected and that our intellectual property regime creates wealth for the future.
It is time to acknowledge that Canadians have spoken in favour of this legislation. It is time to pass the bill.