Madam Speaker, it is a pleasure today to stand and address Bill C-36, an act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain acts in consequence. It is also my pleasure to support the five motions introduced by my colleague, our critic for Canadian Heritage.
As my colleagues in the Canadian Alliance have stated, we support the preservation and protection of Canadian heritage, including the documents and artifacts that will be held by the new entity created by the bill.
On a personal note, I am accused often by my staff and others of being both a librarian and an archivist. I love to read and my office is filled with books on many subjects. Plus, with the amount of paper I refuse to throw away, I may consider becoming an archivist if the politics thing does not work out.
As the Canadian Alliance senior critic for industry, my interest in the bill lies primarily with the clauses that affect copyright, clauses 21 and 22, and the subsequent Motions Nos. 20 and 21, both of which seek to delete the copyright clauses.
Copyright is the right of the creator of an original work to authorize or prohibit certain uses of the work or to receive compensation for its use.
I find it quite ironic that in a bill which seeks to promote the work of institutions that have as their mandate to put on display and preserve works to be viewed by the public, we find clauses with the express intent to restricting public access to historical works.
In terms of housekeeping provisions, I also find it strange that copyright amendments were introduced in this fashion. Because copyright issues change so quickly, there is a requirement under section 92 of the Copyright Act, which states:
Within five years after the coming into force of this section--
For example, no later than September 1, 2002.
--the Minister shall cause to be laid before both Houses of Parliament a report on the provisions and operation of this Act, including any recommendations for amendments to this Act.
Clearly, no such revisions have been laid before the House. However I understand that the Standing Committee on Canadian Heritage announced in June of this year that it hopes to launch its statutory review of the Copyright Act later this fall.
In addition to this, last year Industry Canada and Canadian Heritage jointly issued a report entitled “Supporting Culture and Innovation: Report on the Provisions and Operation of the Copyright Act”. Surely the Minister of Canadian Heritage could have raised the copyright issue in that report, instead of trying to put it into a bill in which we think it is not appropriate to be there.
These are very technical amendments that concern the protection of unpublished works. In Canada, the standard term of protection for published material is 50 years after the death of the author.
Unpublished works of authors who died before 1949 will come into the public domain on January 1, 2004. In other words, their copyright protection and the opportunity for their family to make any financial gains from work will expire in the new year.
What the legislation would allow is for the heirs of authors such as Lucy Maud Montgomery to maintain control of Montgomery's unpublished diaries a further 14 years in hopes of finding a publisher.
As legislators, and especially in the age of the Internet, we are often asked to be mediators between the protection of creative works in order to allow the creator to preserve his or her integrity and to earn a living, and the opportunity for the general public to enjoy such creative works. It is a difficult balance to strike I admit.
This situation has been recently raised with respect to access to census records. What is a reasonable time period as to how long such information should be kept from public release? For copyright, in my view, 50 years is a reasonable time period.
One of the roles I have as industry critic is to support and promote research and development. R and D is not limited to the lab or to scientific works. It includes written works and works that obviously deal with the human arts. I would not like to further inhibit the work of historical and social researchers for the sake of protecting the possible financial returns of a few families.
Many have noted that copyright protection for unpublished works in the United States has been extended to 70 years after death. This extension was engineered by the Walt Disney Corporation in order to protect its profits.
What is interesting is to actually think about Disney in terms of borrowing from others in order to create the great films that it has in the past. Cinderella was not originally written by Mr. Disney. Beauty and the Beast was not originally written by Mr. Disney, nor was Winnie the Pooh . The fact is that the Disney empire has greatly benefited, as all of us who have watched these films have, by borrowing from works that have fallen out of copyright.
There is no doubt that copyright is important to innovation. It reinforces an author's rights and entitlements to his or her hard work. However, there is also a relationship between the written word and the role it plays in the process of social and political dialogue.
For example, the genome, also known as the book of life, is a map of all the genetic information stored within our cells. The White House intervened in 2000 to make sure the genome would not remain hidden from public view through intellectual property rights protection.
In the case of the genome, compromises were reached to both protect intellectual property and further research. The public has free access to the genome sequence over the Internet, but those who did all the hard work have legal protection against data piracy. In addition, those who want to use the sequence for commercial purposes must negotiate an agreement with one of the organizations that completed the sequencing.
In my opinion, the genome is an excellent example of how we as elected officials can mediate property rights for the greater good.
From an innovation perspective, it is good to see we are speaking more and more about copyright, patents and intellectual property in the House. Most companies that patent scientific research seem to be able to balance the common good with the clear financial rewards of owning intellectual property.
Ideas and creations are part of an innovative economy and country. According to Industry Canada, patents and copyrights are highly correlated with R and D spending. They help us to work better and compete with each other. They stimulate us to experiment and to eventually reap the rewards of our hard work.
However, at some point we need to share these creations and designs with others so that we can learn from our successes, we can learn about each other and we can learn about our failures. It is finding that balance between the protection of intellectual property to reward the creator and the innovator and allowing the public good to have access to that work.
In conclusion, I am supporting the motions introduced by my colleague, particularly to delete clauses 21 and 22.