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Bill C-11 committee We are happy with a lot. Basically, we're going to open a bottle of champagne in a few months. I mean, we just want to clarify a place where we know there will be some difficulty. It may seem like there are a lot of words, but we're trying to do it the simplest way possible in order to give leeway to both parties to do their thing.
February 27th, 2012Committee meeting
André Cornellier
Bill C-11 committee Thank you. We certainly hope so.
February 27th, 2012Committee meeting
André Cornellier
Bill C-11 committee As I said, it's going to have to be on a case-by-case basis. I think there's no broad way to define in the law exactly where the problem is. I gave one example of one photograph from a lawyer that goes to his company, and that's a problem. I gave another example where somebody prints 100 copies of a landscape and suddenly the whole village has it and I cannot sell a similar picture of that landscape to anybody.
February 27th, 2012Committee meeting
André Cornellier
Bill C-11 committee Monsieur Thibeault...?
February 27th, 2012Committee meeting
André Cornellier
Bill C-11 committee Basically, I can give you another example of that. I think it's easier when we have examples. For a blog, let's say there's a woman sitting in her kitchen blogging about a recipe. She takes one photograph and puts it on her blog. It won't affect my business. It won't kill me. There would be no problem there.
February 27th, 2012Committee meeting
André Cornellier
Bill C-11 committee From a customer's point of view, at this point there are two ways. Either they own the work when they commission it, or there's a contract that negotiates how it's going to work. With the new law, we're approving the fact that the customer can use it for private use. Private use is never a problem.
February 27th, 2012Committee meeting
André Cornellier
Bill C-11 committee Thank you.
February 27th, 2012Committee meeting
André Cornellier
Bill C-11 committee We have the sense that there's not just one response to that. It's not one, or 10, or 20, or 30; it's a case-by-case scenario. We cannot put in the law that you are allowed 10 copies and after that you stop. Sometimes a photograph copied one time would be a problem. Sometimes a person could make a reproduction of 50, and it wouldn't be a problem.
February 27th, 2012Committee meeting
André Cornellier
Bill C-11 committee Well, I wouldn't say that, but....
February 27th, 2012Committee meeting
André Cornellier
Bill C-11 committee You're working for Hydro-Québec or a law firm and they give you a promotion, and they say they would like to tell people about you becoming a vice-president. They want a photograph, so you give him the photograph you gave your mother. The gentleman will say it was a non-commercial thing for him.
February 27th, 2012Committee meeting
André Cornellier
Bill C-11 committee I'm sorry.
February 27th, 2012Committee meeting
André Cornellier
Bill C-11 committee I could not agree more with you. Obviously that amendment is not only for us, it's for both sides. Then both sides know what they can and cannot do. At this point in time the word “non-commercial” has no definition. If you look, there's not one definition anywhere of that term.
February 27th, 2012Committee meeting
André Cornellier
Bill C-11 committee At this point, any person who commissions the work owns the copyright. For me to have my copyright I have to negotiate it back. Before I start a job I sometimes have to go to a big corporation and ask them to give back my copyright so I can sell it to them. You can understand that there's a little difficulty there.
February 27th, 2012Committee meeting
André Cornellier
Bill C-11 committee Basically, the new amendment says that a person can use the commissioned work as he wants, and he can give permission to anybody to do the same. That will go on and on. A person can produce 100 copies and give it to 100 people, and those 100 people can give them to another 100 people.
February 27th, 2012Committee meeting
André Cornellier
Bill C-11 committee Exactly, and it does that on top of making us the same as other photographers in the world. In Canada, we were the only exception. Writers, musicians, and painters all got copyright, and the only exception was photographers.
February 27th, 2012Committee meeting
André Cornellier