Canadian Heritage committee  For talking about innovation and creativity, probably my colleagues around the panel are in an even better position, because they are the innovators and the creative forces around the creation of published works and of other works as well. I talked about the impact analysis tha

Canadian Heritage committee  That's correct.

Canadian Heritage committee  That is why we'll let the non-lawyers answer to the challenge of actually turning them into lawyers.

Canadian Heritage committee  No, no, quite the opposite. It's not a question of boxing the courts into a corner. What happens is that you give free rein for the courts to determine--

Canadian Heritage committee  --what the policy should be, as opposed to Parliament determining what the policy should be. That is an important distinction, a very important distinction. The courts are not elected officials.

Canadian Heritage committee  That's an example where you could have an exception created for parody. There is, in fact, no clear exception for parody in our Canadian legislation. Some argue that it is embedded in fair dealing; others say it is not. This is one of the problems with fair dealing: you never kno

Canadian Heritage committee  One thing I'd like to point out is that this challenge you're outlining is a challenge that pretty much every country looking at their copyright acts has to live with all the time. Everybody is dealing with this, yet we have less than a handful of countries that have an actual “f

Canadian Heritage committee  No. I think that is correct. There is a balance between the user and the copyright. I don't think that is inappropriate for the courts to say. But the one thing the CCH case did, for example, is look at a series of conditions, or criteria, six of them, to determine whether the u

Canadian Heritage committee  In this decision or in any decision.

Canadian Heritage committee  It is very difficult for the court. The court does not have the impact analysis that is usually part of policy-making and changes in the legislation. That is part of the process when law-making happens, when there's a change in policy. With fair dealing, and with an expansion o

Canadian Heritage committee  I think it goes back to the question Mr. Coderre asked earlier. There is just so much we can do in predicting the future without creating a significant risk for the rights holders of actually taking away what we're trying to build for them. On the one hand, we want to strengthen

Canadian Heritage committee  Along that line, I think that because some people find value in their business models to giving something away for free, it's not that everybody needs to give everything away for free. I think there is a difference--

Canadian Heritage committee  Right, but the market will sort that out, and business models--

Canadian Heritage committee  And that's part of.... That's fine. That's not the problem. It doesn't mean because educators can use free stuff that everything they use should be free. I think that's a big difference. I would just like to point out--

Canadian Heritage committee  Yes. I need two points of clarification.