James Moore

[Copyright Modernization Act, November 2nd, 2010]

Madam Speaker, I would like to respond to the hon. member for Timmins—James Bay, and perhaps the hon. member for Saint-Bruno—Saint-Hubert could add her thoughts on this matter.

We are not suggesting that artists and creators should not be supported by a government regime to protect what it is they have created and to find ways to monetize that. That is not at all what we are saying. We are saying that in the consultations that we had with regard to this legislation, no effective proposal came forward with regard to the private copying regime in this country. It, frankly, does not make sense.

My colleague from the Bloc Québécois keeps talking about downloading and MP3s. She does not mention applications like Stitcher and streaming online services. People do not download music now and then pay for the download. People are now streaming media online. There are whole new services now for streaming music.

Therefore, the proposals that she has talked about but has not written down so we cannot see the details of it, does not actually fit the current regime of how people are consuming music. It does not work. It is a solution for 1995. It is not a solution for 2010 and 2015. What she is proposing is window dressing. It is not actually substantive in dealing with the issue of the private copying regime. It does not actually substantively do it.

We are not pretending that this legislation fixes all things at all times. However, first, it does mandate a five-year ongoing permanent renewal of Canada's copyright regime, but, second, we tried to stop the bleeding.

We can disagree about how the music industry may or may not be monetized because none of us have owned software companies or video game production studios. We cannot pretend that we know how other companies will decide to monetized but we can agree and I hope we can all agree that we need to stop the bleeding. We need to make pirating and theft illegal in this country. We need to ensure that those who are creating in an effort to make a living out of what it is they love doing, which is music, software and video game publishing, are not being ripped off. That is article one.

We can agree to disagree on the issue of the private copying levy and the iPod tax, or however we want to talk about it, but let us agree with one thing, which is that Bill C-32 gets it right. We are going to make piracy illegal, protect those who are creating and ensure that they have an opportunity to move forward in this new economy. That is the first thing that we need to do and I hope the member will agree with that.

[Copyright Modernization Act, November 2nd, 2010]

Madam Speaker, what my hon. colleague has put forward as the Liberals' position is interesting. It seems to me that he has a concern in one area that frankly ought not to be a concern, and then he has opened the door on another area of policy. I am wondering how he reconciles having a concern in one area and not the other.

He says that he is concerned that the legislation allows for mashups. For those watching, what that means is people might mix two songs together, for example, use the instrumental or drum portion of one song and the lyrical portion of a different song, put them together and experiment with songs. We do not see a problem with that, but he seems to think there is a problem with that.

We think the idea of having a certain song underneath a wedding video is okay. We want to allow people to experiment a bit if they so choose with the media that they have purchased, obviously so long as there is not a digital lock that prevents that from happening.

On the other hand, he says that he is concerned with the technological protection measures, the digital lock provisions of the bill. Every single arts and culture and creative community organization across this country, all of them support this portion of the bill. Is the Liberals' position really that they are not in favour of the digital lock provisions of this legislation?

Removing that portion of this bill would be devastating to Canada's cultural and investment communities. It would be devastating to the software and video game industry, which represents 14,000 jobs, many of them in his own riding. I think there are 10 software and video game companies in the member's own riding. All of them support this protection in the bill.

Is he really saying that he wants to strip away technological protection measures in the bill? Every single cultural organization in this country supports those measures. That would be a huge mistake, if that is what he is proposing.

[Copyright Modernization Act, November 2nd, 2010]

Madam Speaker, there is a lot packed into that question. I will just sum it up this way, because you are obviously signaling that you will not allow answers of more than 30 or 60 seconds.

We tried to get the appropriate balance, and the truth is, if we move one element of this bill over, if we expand fair dealing a little bit, if we open up the digital lock protection provisions of the legislation a little bit, we will have a whole new constituency of people who are upset with it. We tried to take the full scope and scale of those who are requesting change in our copyright regime: educators, movie industry, film industry, everybody concerned, especially consumers. We tried take in the full scope of what was in their best interest, and we think we have struck the right balance.

We think the issue with digital locks is a central element. If a person is a creator and has created a product, a piece of software, and has decided to protect it in the way that person chooses to protect it to engage in the marketplace, we think that person has the right to protect what he or she has created, in the way he or she has chosen to protect it. If people want to hack around that or break a digital lock without that person's consent, that person has the right to protect his or her own intellectual property. That is pretty basic. In terms of those who argue that digital locks should not be a part of this legislation, I just frankly disagree. I think they are wrong.

There are elements of the bill on which we can agree or disagree, certain defining elements of education and how that should be dealt with in fair dealing. There are certain things on which we can agree or disagree. But if a person creates some software and decides to put a digital protection measure on that software and to engage in the marketplace with 90-day trials in which things are locked down afterwards, and so on, if the person chooses to engage in that and chooses to protect his or her intellectual property, that person should have the right to protect his or her property in the way he or she chooses.

Obviously as part of this legislation, it should be illegal for one to hack somebody else's property and to steal it and put it onto BitTorrent and spam it around the Internet and degrade people's capacity to actually make a living on what they are doing.

The start of the hon. member's question was very profound. I do not want arts and culture creativity, the software industry, the video game industry, the creative community in this country, to become a hobby. I want business models to be able to work in this country, and that requires a strong and robust copyright regime.

[Copyright Modernization Act, November 2nd, 2010]

Madam Speaker, we really wanted to leave no stone unturned when it comes to the consultation. We not only stayed in Ottawa and put up a website but went around the country and spoke to communities all across Canada.

If memory serves, there was in fact a round table that took place in Edmonton and we invited stakeholders to come in. If people could not participate in the round table there, they were invited to participate in our online forums. They were invited to participate in writing as well. One of the reasons that with this legislation we are going forward with a stand-alone legislative committee is because that committee can decide its own workload, its own hours, and can bring in whatever witnesses it chooses. People will be allowed, I am sure, to submit their views in writing, or if they have the capacity to come, to visit in person.

This legislation is, as I said, striving to get the right balance. There are those in the education sector who think we should have further restricted our fair dealing component. There are those who think we should have expanded it. We think this is the right balance and those who have concerns will be more than free and willing to share their views.

If people have constructive criticism about how we can make this bill right, obviously we are prepared to listen to those views, but we will not listen to those who want to--

[Copyright Modernization Act, November 2nd, 2010]

Madam Speaker, I thank the Minister of Industry for starting off this debate and I am very pleased to be a part of this as well as we take a historic step in this country.

We made a commitment as a government in the last election campaign, and also as part of our throne speech, that we would table new copyright legislation, and so we have. Bill C-32, the copyright modernization act, is our effort to get it right. The last time copyright legislation was dealt with in the House of Commons, there were some concerns raised by Canadians across the country and we have listened to those concerns. We have come forward with legislation that we think should have the support of enough members of Parliament in order to move Canada forward.

Canadians, more than ever before, are active consumers in digital media. We are increasingly purchasing our music online, as well as films and televisions shows. We are connecting with friends and colleagues via Facebook, Twitter and web interfaces in ways that were not imagined just a little over a year ago. As a country we have, by and large, fully embraced the Internet and how it has changed the way we innovate, create and live our lives.

Unfortunately, Canada's copyright regime has not kept up with the pace of change. The last time our copyright laws were updated, people were buying CDs and using pagers, not iPads and Netflix. The reality is that our copyright laws are older than most of the technologies that we enjoy today. That is why on June 2 of this year our government introduced Bill C-32 here in the House of the Commons.

We consulted Canadians before doing this. This bill reflects the diversity of opinions expressed during consultations held last summer. These consultations took the form of an interactive website, public meetings, round tables and written submissions from average Canadians. And because each region was included in these consultations, we received opinions from across Canada. Numerous Canadians spoke to the government, and it listened to them.

Copyright holders told us that their 21st-century business model depends on strong technological protection measures. And we listened: Bill C-32 contains protection measures such as digital locks to protect against piracy and to allow creators to choose how they wish to protect their works.

Artists and creators also told us that they deserve to be fairly compensated for their works, and we listened.

Likewise, consumers asked specifically for legislation that would reflect how content is delivered and stored in a myriad of devices. We listened, which is why this legislation, as the minister said, is technology neutral and clarifies for consumers the fact that they can now legally format shift and time shift the products they have purchased. Bill C-32 is forward-looking and flexible. It implements the WIPO treaties and brings Canada in line with international standards.

During our consultations last summer, Canadians were also clear with us on the issue of fair dealing. They wanted to see it expanded and improved. This bill accommodates that desire by adding education, parody and satire to the existing uses of what is called “fair dealing”. It recognizes legitimate rights of Canadian families, schools and libraries to make use of copyrighted materials for their purposes.

Canadians were also very clear that they do not want to pay unnecessary taxes or new levies on iPods, iPhones, laptops or computers, or even on automobile hard drives that CDs can be ripped directly into. We do not believe this is necessary. We do not think it is right. We think that is an old solution for an old problem and it does not embrace the fact of new media. Our government has been clear that we oppose any new tax or levy, which is why the levy issue has been left out of this legislation.

The government made a commitment to protect businesses, which are absolutely essential to Canada's economic success, and this commitment is at the centre of our copyright modernization bill.

I just want to let the House know about some of the support that this legislation has received. It has been broad based and quite substantial in terms of the number of people who have come on board to support this legislation.

The Entertainment Software Association of Canada, which represents Canada's video gaming industry, supports this legislation. It accounts for over 14,000 jobs across this country. In Montreal, Burnaby, Toronto and Charlottetown, P.E.I., in places all across this country, I met with video game and software developers who support this legislation. Here is what ESAC had to say. It believes this bill is “critical to the success of Canada’s digital economy”; it is good public policy and is essential to our economy. It said:

We applaud the government for showing leadership on this complex issue

The film and television industry also supports this legislation. Over 150,000 jobs are involved in this sector from coast to coast, representing $5.2 billion in the Canadian economy. The Canadian Film and Television Production Association said it applauds the government's copyright reform. The government is playing an important role “in ensuring that those jobs are maintained and that new jobs are added over time”.

Canada's recording industry is a multi-million dollar industry and producer of world-class musical acts in this country. It told us that it wants strong protection for artists to compete with the world's best. We agree and we listened. Let us hear what it has to say about our legislation. The CRIA applauds the government's copyright bill and says, “We thank the government for taking this step to protect the right of artists and other rights holders to earn a living from their work”. These changes are long overdue and welcomed by artists.

The artists themselves are supporting this legislation. Randy Bachman of BTO said the entertainment industry's ability to remain healthy is dependent upon a strong copyright framework. Bill C-32 is moving Canada into the digital and Internet age.

Juno Award winning artist Loreena McKennitt, who has sold over 13 million albums worldwide, said the changes proposed in the bill are “fair and reasonable”.

Independent recording artist Michelle McKibbon thanked the government for introducing Bill C-32, legislation “supporting...artists like myself”.

The Canadian Chambers of Commerce, representing approximately 300 of Canada's business associations and boards of trade, support the bill. They said they believe Bill C-32 “lays the foundation for future economic growth and job creation”.

The president of la Fédération des chambres de commerce du Québec, Françoise Bertrand, believes that Bill C-32 is critical to ensuring a competitive and stable business environment in Canada.

The Canadian Council of Chief Executives, which represents over 150 executives across the country and companies representing $4.5 trillion in assets, supports this legislation. This is what the former Liberal deputy prime minister had to say about this bill. He said Bill C-32 “will provide badly needed protection to Canadians who create music, films, games and other digital works.” Business leaders say it will protect creators and consumers. The government has struck an appropriate balance with its legislation.

The Council of Ministers of Education, CMEC, which represents all of Canada's 13 provinces and territories and their ministers of education, supports this legislation. The chair of CMEC, the minister of education in Nova Scotia, a New Democrat, Marilyn More says:

This legislation provides the clarity we have been looking for.... It is excellent that the bill allows students and educators to use Internet materials in their learning and teaching activities without fear of copyright infringement.

Ministers of education across Canada have responded positively to this new copyright legislation.

We consulted Canadians and we listened to them. We took this course of action because our government and the members on this side of the House know that the contribution made to Canada's economy by Canadian digital industries cannot be downplayed.

Other people have come forward as well to support this legislation. We get the sense that support for this legislation is broad based and substantive, if we look at the folks who are supporting this bill: the television and film industry, the music industry, digital new media folks, the business community and individual artists.

The Canadian Association of Research Libraries said it applauds the government, which has responded to the copyright reform concerns expressed by the library and education community. It stated:

The government has clearly listened to what the library and education communities said

The Globe and Mail said the government's new copyright legislation should be passed.

The newspaper is right. We think this legislation should be passed.

I do not want to go much further into the substance of the legislation beyond what the Minister of Industry had to say, because I have limited time. However, there is one thing that he did not mention that is a critical element of this bill. I hope all members in the House who are interested in this legislation recognize this important element.

The bill mandates that Parliament, every five years, will be forced to revisit and continually modernize Canada's copyright regime. So whether people have concerns about specific elements of this bill and think we should do a little bit more here and a little less there, the reality is that this legislation is an tectonic shift in Canada's regime with regard to copyright reform. We are forcing Parliament, from now forward, to forever make sure that Canada's copyright regime stays up to date.

Canada has not elected a majority Parliament since November 2000. It has been 10 years. As a result of the realities of minority Parliaments, often it is politically challenging for governments to be willing to step forward and to engage in the copyright issue. This legislation forces Parliament, regardless of political pressures, to make sure that Canada's copyright regime stays on the cutting edge so that Canada can continue to create jobs, so that we maintain the reputation that we have around the world as being not only an innovator and a leader in new technology, but also one of those countries that protects the rights of creators to have their works protected by law.

[Arts and Culture, November 1st, 2010]

Mr. Speaker, we increased the Canada Council's budget and the Bloc Québécois voted against it. That is what the Bloc Québécois dared to vote against. We also provided funding for the Festival de la Galette, which they voted against, the FestiVoix, which they voted against, and the Festival Envol et Macadam, which they voted against. We also decided to fund the jazz festival and more, and they voted against it.

Every time we increase funding for the arts and culture, the Bloc Québécois votes against our measures. We are committed to a Canada-wide program that is good for the whole country and all artists, and the Bloc opposes our proposals.

[Arts and Culture, November 1st, 2010]

Mr. Speaker, the Government of Canada has tabled four budgets in this House, and in each of these four budgets, funding for the arts and culture has been increased. The member referred to the Canada Council. We increased its budget by 20% and the Bloc Québécois voted against this measure. Why?

[Arts and Culture, November 1st, 2010]

Mr. Speaker, let me be clear. When it comes to supporting arts and culture in this country, this government will take no lessons from Liberals. It is this government that, in a time of recession, decided to create two national museums, Pier 21 in Halifax and the Canadian Museum for Human Rights in Winnipeg. It is this government that doubled, from $30 million to $60 million, its support for cultural infrastructure across this country, which means that museums and theatres in small towns and communities across this country have support like never before. We increased by 20% our support for the Canada Council for the Arts, which supports artists directly, artists helping artists through a peer review process that is unparalleled in government.

We are doing more than ever before, more than any government has ever done to support Canadian artists, and we are very proud of that.

[Arts and Culture, November 1st, 2010]

Mr. Speaker, let us be clear. In each of our four budgets as a Conservative government, we have increased funding for the arts, culture and heritage in Canada. This includes festivals, libraries, museums, theatres and artists directly. In fact, the Department of Canadian Heritage is supporting artists as no other government has in the history of Canada.

[Safeguarding Canadians' Personal Information Act, October 26th, 2010]

Mr. Speaker, I want to respond to the member from the New Democrat Party. I know that the member for Eglinton—Lawrence was on a roll about chihuahua governments, but I will bring him back to the issue at hand.

The member from the NDP asked what the government was doing about e-commerce. What 1995 language. It demonstrates a gap between what is actually happening in the digital field versus what was happening in the 1990s. I will speak on my own portfolio, as Minister of Canadian Heritage. We are proud of digitizing government content and ensuring that Canadian content is being supported as never before in the new media.

First, we put forward Bill C-32, a good-faith, comprehensive effort to modernize copyright legislation. We are prepared to work with all opposition parties to ensure that this legislation is effective. We have a stand-alone legislative committee, and this bill is going to go forward and help to advance in the digital economy. The first thing that the government has to do is protect people from those who want to harm Canada's creators by stealing from them, ripping them off and legitimizing piracy. We are going to do that.

There are other things that we have done in my department. We have created the Canada media fund. Previously, we had the Canada television fund and the Canada new media fund. To support digital products by Canada's creators, we merged the two to create the Canada media fund. We wanted to ensure that these products are available on the platforms that our media creators choose, not only to support television content but also to support new media, video games, stuff that is streaming online, and stuff that is available for download. We wanted to ensure that Canada's creators have access to more money than ever before to support the creation of content in the digital platform that they choose.

Although we were in a recession, we made a commitment in the last election campaign to maintain or increase funding for the CBC. We have kept our word. The reason is that the CBC has modernized itself. It has become a true pan-Canadian multimedia platform for Canadian content. We have worked with the CBC to ensure that this is the role that it performs. The National Film Board has iPad and iPhone apps that for the first time make it possible to stream Canadian digital content online. Tens of thousands of Canadian films and shorts, children's shows, and documentaries are available online, free, through the web, through iPad apps. We have gone across the board. There is a publications fund to support the digitization of magazines.

No other government in Canadian history has made a more comprehensive and aggressive effort to ensure the digitization of Canadian content and government information.