Mr. Speaker, this may be a little sarcastic, but I feel like this is my lucky day and that right after my speech, I should go buy a lottery ticket, because it seems I will be one of the few and final members to be able to speak to this bill, which is vital not only for the arts community, but also for the business community. I will come back to this eagerness to supposedly save jobs, when in fact, the bill is about to undermine the foundation of all the creators that make up this industry.
To begin my speech, I will say that it is fascinating to see how various experiences in one's life can greatly affect how one understands and interprets a problem. That is what concerns me here today, especially as a former teacher, singer and producer, which are all jobs that I have had over the past 20 years. The issue of copyright is something that I am extremely concerned about. I know from my own personal experience that some of the government's proposed exceptions will cause considerable damage.
Before examining them more closely, let us revisit the objective of Bill C-11 for just a moment, that is, modernizing copyright legislation. When I think of “modernizing”, several images come to mind, including some very positive things that we could do with that. As a singer, after reading page after page of Bill C-11, I became disillusioned. Although the existing legislation is far from perfect, so far it has managed to ensure a favourable environment for the artistic development of creators, producers, broadcasters and consumers of Canadian cultural content.
If we try to determine how much of the industry's $46 billion in economic spinoffs should go to the creators, considering the 600,000 jobs that are directly or indirectly affected by this cultural industy, we must admit that creators are probably fewest in number and definitely the lowest paid, and yet they are the foundation of the industry. But what is copyright? Let me remind the House, just to make sure we are all on the same page. Copyright is for artists. We will see in a moment what this means for companies. Copyright is the right enjoyed by every artist and creator to set the commercial terms for the use of their work, either partially or in full, to authorize the use and to receive royalties in compensation for that authorization.
Those earnings represent the bread and butter of Quebec and Canadian creators. Every time the bill introduces new, ill-conceived exceptions that diminish or eliminate the possibility of earnings for copyright holders, it spells out the decline of the production and expansion of Canadian content here at home and abroad. We will not be able to ensure growth of the cultural industry or offer more to consumers if we undermine the opportunity for creators to live from their craft.
Take for example these new exceptions included in Bill C-11 that further shrink creators' earnings.
The first is the exception regarding user-generated content, also quite often referred to as the YouTube exception. This exception would, for example, allow the average citizen to broadcast a video taken during Christmas vacation set to a song the user thought would go quite well with it. That is now allowed. It may be, but just because technology makes it easy to create personal videos of a professional quality, does not mean we should forget the tools we use to produce these gems that we share with our families.
It may be, but we have to stop believing that the artist—the one who created the music that goes so well with our family images and tales—is giving us that music for free. He does not even know us. If it is true that all work deserves pay, then why should the composer not get his due?
Obviously, it is not a question of individual negotiations between each Internet user and each creator. Collective licensing does the job and ensures the necessary balance.
However, this government plunges ahead fearlessly, and by accepting Bill C-11, we would become the first country in the world where companies like YouTube would enjoy the right to use copyright-protected works for profit, without any obligation to have the rights released or to compensate the content creators.
Instead of developing new business models for the ever-changing digital age, we are taking the easiest route. Bill C-11 will become an expropriation of the creators' right to control the use of their works and to earn fair compensation for them.
Then there are the exemptions specifically for the education sector. It is somewhat odd. In the case of educational institutions, it goes without saying that a good administrator saves money by any means possible. He or she may approach competitors or try to use group orders to take advantage of economies of scale when purchasing goods needed by the school. But when it comes to music or movies, oddly, we seem to forget that we will have to buy the materials and pay for the rights. No one, not the administrators nor the teachers, would ever think of stealing furniture from a store or borrowing—in perpetuity—the goods needed for education. That is exactly what is happening with copyright when we appropriate works without asking for the licences that apply.
I would like to share an anecdote from a wise producer with whom I worked a few years ago, and who was often called on to ask the artists he represented to participate in charity events, naturally for free, for a good cause. Each time, this wise producer—and there are not many like him—replied that his artist would agree to perform for free at the event if the employees of the same company would also contribute one day's wages to the same cause. That was a very tangible and real expression of the demands made of artists and the fact that people want to take advantage of their visibility and their role in society.
I will say it again: all work deserves to be compensated. The issue is all the more sensitive in Quebec where the market for French educational publications is very small and cannot forego the funding provided by copyright without running the risk that publishers will close their doors because they are unable to provide financial recompense to their creators.
I would have hoped that resale rights would be addressed in Bill C-11. If we truly wanted to modernize copyright, we would allow visual artists to obtain resale rights on their works. Unfortunately, these rights do not seem to be addressed in Bill C-11, despite the fact that 59 countries have already incorporated such a measure into their legislation. It seems that, once again, our legislation will be lacking.
I could go on for several hours but I imagine that I should already count myself lucky to have had these 10 minutes. I will therefore end my remarks by saying that, to date, copyrighted works may not be used without permission, and exceptions are just that—exceptions.
The biggest problem with Bill C-11 is that it reverses that framework. Exceptions become the rule because, in its haste to please large corporations and their financial interests, the government was too quick to forget those who supply content to the industry through their creativity and who are the driving force behind the cultural industry in Quebec and Canada.
What is more, even legal recourse will no longer be an effective avenue. I could also speak about that exceptional provision but, unfortunately, I am short on time, so I will stop here. I would be happy to respond to any questions or comments from members.
