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View Andrew Saxton Profile
CPC (BC)
Madam Speaker, I am honoured to speak today in support of Bill C-11, the copyright modernization act. As many of my colleagues know, we are the closest we have ever been in the last 15 years to modernizing the Copyright Act. We are on the verge of having a Copyright Act that is responsive to the realities of both today and tomorrow, a Copyright Act that will give creators, innovators and ordinary citizens the confidence they need to take advantage of the opportunities of the digital world.
The fact is the Copyright Act in its current form is not responsive to many of the realities our digital world has brought forward. Our government is committed to fixing this.
The last time the Copyright Act was substantially updated, VHS tapes, discmans and pagers were commonly used. For many, the flip phone was the trendy gadget of the day. Text messaging and mobile Internet were just beginning to be introduced on the market. In fact, dial-up modems were still quite common. That was only 15 years ago.
It would be a gross understatement to say that technology changed considerably since then. What was once considered cutting edge is now almost obsolete. In fact, it seems like something newer and better is popping up every day.
Just the other day I was reading about all the speculation around what consumers could expect from upcoming versions of Smartphones. It is hard to predict what the high tech world will look like even 10 years from now. Digital technology has changed how Canadians access, use and share copyrighted content. Today, Canadians expect to be able to enjoy legitimately-acquired content where and when they want. Copyright laws need to respond to this reality.
Our government is committed to ensuring that Canada's copyright law is flexible and adaptable to change. We are also committed to ensuring that appropriate protections are provided for both creators and users. Bill C-11 would establish clear rules that would be flexible enough to allow the Copyright Act to evolve as technology continues to advance. It is balanced in that it provides new rights for creators, while providing new exceptions for users.
Let me tell members about some of the exceptions in Bill C-11. Bill C-11 would give Canadians the flexibility to record broadcast programming to enjoy at a more convenient time, often referred to as time shifting. It would also give individuals the freedom to copy music, films and other content onto any or all of the devices they owned, such as MP3 players and tablets, something that is often referred to as format shifting. Canadians would also be able to legally back up copyrighted material they purchased.
Our government believes it is important that all Canadians, including those with disabilities, have access to copyrighted materials in a format they can easily use. That is why Bill C-11 would allow Canadians with perceptual disabilities to adapt legally-acquired material to a format that would be more accessible. It would also clarify the law regarding the importation of adapted material into Canada and explicitly would allow the exportation of certain adapted materials, including Braille and audio books.
As I mentioned, digital technology has fundamentally transformed the way many Canadians work, play and learn. For example, in the digital world, consumers are no longer passive audiences. Large segments of the population are interacting with content in new and innovative ways. Bill C-11 recognizes this new reality by including new exceptions that respond to it.
Bill C-11 includes a user-generated content provision which would allow Canadians to incorporate existing copyrighted material in the creation of new non-commercial works. An example of this would be posting a home video on YouTube of a bride and groom dancing to their favourite wedding song.
This exception recognizes that these new uses of creative content contribute to Canada's cultural sector. For example, these uses can enhance interest in the original when videos of user-generated content go viral on the Internet. This innovative form of creation can also shed light on emerging talent from across our country and showcase it to the rest of the world. Of course the digital age does not just offer opportunities for creation; it also offers many unique opportunities for learning and education.
Bill C-11 recognizes the immense opportunities that new and emerging technologies present for education. Digital technologies can enhance the traditional classroom experience and encourage new models for education outside the physical classroom. This can increase access to education and communities big and small across our great country.
Bill C-11 includes exceptions that would allow teachers and students to make better use of digital technologies and of copyrighted materials. For example, Bill C-11 would amend existing educational exceptions so that they are technologically neutral. No longer would we see references to specific technologies like flip charts and overhead projectors.
Bill C-11 also introduces a number of new measures that would enrich the educational experience. For instance, teachers would now be allowed to digitally deliver course materials to students. Students would be allowed to use material that they find on the Internet.
There are a number of other educational exceptions in Bill C-11 that I could describe, but all of these recognize the potential that the digital environment holds for teaching and learning in Canada.
I have spoken about how Bill C-11 recognizes the opportunities that the digital environment offers for learning and creation in Canada. It is also important to note that Bill C-11 recognizes the potential this environment holds for creative and innovative businesses.
Bill C-11 includes a number of provisions that would strengthen the ability of copyright owners to control the online use of their works. This would help promote innovative and legitimate business models and prevent widespread illicit use.
For example, Bill C-11 includes new protections for copyright owners who choose to use digital locks to protect their works. For a number of copyright owners, the use of digital locks can allow for the monetization of creative content and the protection of potentially significant investments made during the development phase. By providing protections against the circumvention of these locks, our government is supporting the ability of creators to advance new digital business models and compete on the international stage.
Bill C-11 also includes a number of provisions that would allow creators and innovators to compete in the digital age with confidence. This includes legal protections for rights management information and a new category of civil liability that targets those who enable online piracy.
All of these measures would help attract new investments which would, in turn, promote economic growth and help protect and create jobs in Canada. In short, they would help position Canada as a leader in the digital economy of today and tomorrow.
It is clear that Canada's copyright laws need to be modernized to respond to the challenges and opportunities of the digital age. The bill we have before us would do just that. Bill C-11 takes a balanced approach to copyright modernization. It considers the needs and interests of all Canada. Furthermore, it would bring our copyright law in line with international standards. It is very much in keeping with our government's commitment to promote innovation, productivity and job creation.
Of course, we cannot enjoy any of these benefits until we pass the bill. Therefore, I urge all of my colleagues to join me in giving these benefits to Canadians by passing Bill C-11.
View Charlie Angus Profile
NDP (ON)
View Charlie Angus Profile
2012-05-14 12:52 [p.7982]
Mr. Speaker, I am very proud today to rise on behalf of the New Democratic Party at this stage of Bill C-11 and as we are dealing with the amendments. There is probably not an issue I have spoken to more than the issue of copyright.
Since 2004, when Jack Layton was the new leader, we have been identifying the need to modernize Canada's Copyright Act. For the New Democratic Party, it is a fundamental pillar, creating a modern 21st century digital economy. We understand how having good copyright is essential for the creation of artists, for ensuring that we have a good and solid Canadian industry for arts and creation but also for innovation and that we can use this to leverage ourselves internationally.
I listened to the Minister of Canadian Heritage when he talked about the openness of the government. I think the reality will show it is a bit different. The government's first bill, Bill C-61, was literally a dog's breakfast. It died the day the government brought it forward because it was such a mishmash and it was so poorly thought out.
The government then brought out the following bill that ended becoming Bill C-11. There were elements about the bill that were much improved over the previous legislation and, for us, we came at this issue to improve the bill. We had heard from many groups that felt that the bill was still fundamentally flawed and could not be supported. However, our position was that we would rather have copyright than go back to square one, that we needed to find a mechanism to update the copyright regime to provide security for Canadian industry, for Canadian artists and for Canadian consumers.
We set out to work with the government but there were a number of serious flaws with the bill that needed to be amended. My hon. colleague for the Conservatives said that this was not an ideological issue. I agree with him. I think this is about making good public policy. The amendments that we brought forward were addressing the serious shortcomings in the bill.
When we talk about copyright, the term has been defined by English common law that “copyright” is the right to make a copy. Under French law it is “droit d'auteur”, the right of the author. These are fundamental principles. The right of the author. The right of the author to remuneration. The right of whoever is making the copy to remuneration. That is the fundamental principle of copyright.
Now it is not an exclusive right. It is not a property right. It is not something that a person just owns, because it is also a public right. Parliaments going back hundreds of years decided that there was a balance between the right of the person who creates the work and the right of citizens to participate in that work. Sometimes the participation in that work is how they take those ideas and change them. This is how art and culture is created. It is a balancing act.
However, what we cannot do at any point is to take a right that existed and erase that right to favour someone else. We cannot say, “You were able to receive remuneration for this part of your right as an author but we don't think that's really a good idea any more”. That is an undermining of the principle of copyright.
How does this all play out n terms of the digital realm that we are in?
There are elements of the bill that we supported. We supported bringing Canada into compliance with WIPO countries. We supported the moral rights of artists. For many years our artist communities have been asking for the moral right to have a say over their work.
Even with the government's mash-up provisions, which garnered some attention, we liked the idea of not criminalizing people for creating all these new elements in the Internet realm, things that we would not even have been able to imagine 15 years ago in copyright law. However, we said that there needed to be a moral right element as well to ensure that what was being created in the new format was not impacting the commercial value in the old.
There are about five clear areas where the government has absolutely failed to listen and failed to move forward.
One is, as my hon. colleague from Davenport talked about, the deliberate decision to create a loophole on the mechanical royalties so that a certain industry does not end up having to pay copyright. We cannot create a loophole so that people do not pay what they are obligated to pay. However, we heard again and again from the Conservative members on committee that they were creating this loophole because they did not think that artists should get paid. That is not what legislation should be used for. We either strike legislation that gives the artist the right to be paid but we do not create a loophole. We heard from the radio industry again and again saying that it was unfair to create this loophole because now it would need to exercise this loophole. It wanted it gone altogether.
That is $20 million erased right off the table for artists. We remain deeply opposed to that.
In terms of the technological protection measures, our colleague from Saanich—Gulf Islands pointed to a whole series of very narrow technical exceptions that her party is bringing forth.
Our overall principle is simple. We support the ability of new industries to use technological protection measures to protect their right to create a market. However, and this is under the WIPO treaty, those technological protection measures do not usurp the legal rights that already exist under legislation. We cannot have two tiers of rights. We cannot have a set of rights in the paper, analog world and a lower set of rights in the digital world. However, the government says again and again, if people do not like it, they should not buy the product, as though it would allow a corporate interest to define the rights that are defined by Parliament.
Rights for exemptions under the breaking of a technological protection measure would be for study, for satire, for research, for innovation. These are very clear, straightforward things, for a purpose that a person has a legal right to access.
This brings me to the third issue, that of people with perceptual disabilities, students who are up against some of the most onerous difficulties in getting an education. Under this bill, they would only be allowed to impair the technology protection measure “if they do not unduly damage it”, as though the government thinks a technological protection measure is some kind of lock, which is okay for an individual to pick and go in, but the individual cannot leave that lock open. We are talking about a complicated piece of software, a code. For a student who is hard of hearing or blind, this provision should have been very simple. Students with perceptual disabilities are not breaking the law to make the print bigger on their Kindle so that they can participate in class.
That is an issue of fundamental fairness. We would not, by allowing that, destroy the market for books or film. Yet students with perceptual disabilities are unfairly implicated to defend this black and white world view the Conservatives have. They talk about copyright being a balancing act. It is a balancing act, but to have a balancing act, we have to understand that there are some nuances, some play.
The other area which deeply concerned us is the impact on education. We will not get into the issues of what is under fair dealing and how that should be remunerated, because that is something that is continually fought in the courts and at the Copyright Board. In the transfer of information that people are using, we have an opportunity in a country as big as Canada to transmit library data, for example, but under the bill, we would be allowed to have the library information for five days and then it somehow would have to disappear in the air. Maybe we would have to burn it, or a technological protection measure would have to be placed on it.
I do not know who thought up that provision. Obviously they have nothing to do with education. For example, I want to get the memoirs of old Mrs. O'Grady who lived in Red Deer and wrote about what it was like to homestead in 1900. The memoirs are in a little library in Alberta and I am studying in Nova Scotia. Now, the library makes a photocopy and ships it to me and I have it for a month to study. That seems fair. However, if the library made a PDF and sent it to me, I would have it for five days and I would have to magically make it go away. That does not make sense. Who does any research within five days?
For legal research or medical research, the fact is that we have great universities and small high schools. Information is being transferred back and forth. Then we have this provision that would give us five days' use. It just does not make sense.
We have shown a willingness. All our amendments were reasonable. The government refused to deal with them. At the end of the day we will not support the bill because it is an unfair attack on the rights of artists and it unfairly impinges on the ability of education and the development of new business models.
We remain willing to work with the government, but it will have to show a little more of what it calls openness when we are talking about moving forward the digital strategy.
View Robert Goguen Profile
CPC (NB)
Mr. Speaker, we live in a global, digital world . And yet, Canada's copyright regime has not been updated since the late 1990s, before the dot-com era and before tablet computers and mobile devices gave us access to thousands of songs, moves and apps at the touch of a button or the swipe of a finger.
Modernizing Canada's copyright laws is an important part of the government's strategy for the digital economy. Each year that Canada goes without modern copyright laws, the need for such modernization becomes more evident.
The explosive popularity of social media and new digital technologies—such as tablet computers, mobile devices and digital book readers—has changed the way Canadians create and use copyrighted material.
This is the third time that we have tried to introduce copyright legislation, and thanks to this government, we will finally update our act so that it is in sync with international standards.
I want to emphasize the fact that, since 1997, the government has tried to modernize the Copyright Act three times, four counting the Liberals' attempt in 2005. Parliament began its study of the Copyright Modernization Act during the last session. Bill C-32, the Copyright Modernization Act, was the latest attempt. The bill died on the order paper at the end of the last Parliament in March 2011.
Bill C-32 was the result of eight weeks of open consultations held across Canada in 2009. Many Canadians and stakeholders had the opportunity to voice their views on copyright. Before the end of the session, the legislative committee heard over 70 witnesses and received over 150 submissions. Several thousand online submissions were received during the online consultations. The bill was drafted in response to one of the farthest-reaching consultations of its kind in Canadian history.
The government acknowledges the extensive review and input already provided on the bill, as introduced in the last Parliament, and thanks all stakeholders and parliamentarians for their contributions. The process has sent one clear message: Canada urgently needs to modernize the Copyright Act.
By reintroducing this bill without changes, the government is reiterating its support for a balanced approach to copyright reform. The bill strikes a balance between the rights of creators and the rights of consumers. The new copyright system will encourage the emergence of new ideas and protect the rights of Canadians whose research and development work and artistic creativity contribute to our dynamic economy.
For creative industries, this bill provides a clear, predictable legal framework that allows them to combat online piracy and roll out new online business models. The film industry has suggested that billions of dollars are lost every year to online piracy, even of films that are not yet available in theatres. Last year, the film industry contributed nearly $5 billion to Canada's economy and provided up to 35,000 full-time jobs.
For high-tech and software companies, this bill provides the certainty they need to develop new products and services that involve legitimate uses of copyrighted material. Canadian software companies have openly said that they prefer to launch new products for consoles because they know that as soon as a PC version is planned, up to 90% of video game sales are lost, sometimes even before the products are legally available on the market. Without the ability to protect their products against theft, thousands of Canadian jobs will be at risk, today and in the future.
For educators and students, this bill opens up greater access to copyright material by recognizing education as a legitimate purpose for fair dealing. New measures will allow more efficient ways to teach, conduct research, and deliver course material and lessons using the latest technologies.
It will also allow teachers to distribute publicly available material from the Internet. For entertainers and commentators, this bill includes parody and satire as purposes to which fair dealing applies.
I would like to clarify what fair dealing is, since there are so many poor interpretations out there. Fair dealing is a long-standing feature of Canadian copyright law that permits certain uses of copyright material in ways that benefit society and do not unduly threaten the interests of the copyright owners. Nevertheless, fair dealing is not a blank cheque.
Currently, fair dealing in Canada is limited to five purposes: research, private study, news reporting, criticism and review. To recognize the important societal benefits of education, parody and satire, the bill is adding these three elements as new purposes to which fair dealing applies, as we said before.
The bill will give Canadian creators and consumers the tools they need to increase Canada’s international competitiveness and will implement the rights and protections of the World Intellectual Property Organization Internet treaties. The bill will allow the creation of user-generated content using copyright materials, such as mash-up videos, for posting on a blog or video-sharing site. This bill legitimizes activities that Canadians do every day.
For instance, the bill recognizes that Canadians should not be liable for recording TV programs for later viewing, copying music from CDs to MP3 players, or backing up data if they are doing so for their private use and have not broken a digital lock. The bill also ensures that digital locks on wireless devices will not prevent Canadians from switching their wireless service providers so long as existing contracts are respected. This will not affect any obligations under an existing contract. Finally, it also provides greater opportunities for people with disabilities to obtain works in an accessible format.
In addition, as a result of the committee's examination, a series of amendments to the bill were proposed in order to address certain concerns.
For instance, it was decided to clarify the fact that the provision regarding those who enable copyright infringement applies to anyone who facilitates piracy, even if that was not the original intention.
We wanted to limit the number of lawsuits against non-profit organizations that export adaptations for people with visual impairments to another country by mistake. This amendment is meant to protect Canadian organizations that might be sued for accidental violations.
The clause concerning those who enable copyright infringement will be amended to address concerns about how sites used purely for the purpose of piracy are protected. This amendment will not affect search engines.
In addition, safe harbour for those who enable copyright infringement will be eliminated. We want to clarify the scope of permitted injunctions against search engines and clarify the time frame for notices of violation by replacing the words “without delay” with “as soon as feasible”. We also have to clarify how service providers and information and education technology store and index information to permit indexing without liability. We also have to clarify that the clause on access to copies for format shifting and time shifting applies only to personal use, including personal use by households.
Lastly, we want to change the wording to ensure that copyright holders can apply under each of the international treaties that Canada is a party to.
This bill also mandates a review of the act every five years to ensure that the legislation is up to date, applicable, and in step with technological change as Canada's economy moves forward. The proposed changes will enhance copyright holders' ability to benefit from their work. Internet service providers, educators, students and entrepreneurs will have the tools to use new technology in innovative ways. Measures like these will ensure that Canadians can prosper.
View Phil McColeman Profile
CPC (ON)
View Phil McColeman Profile
2012-05-14 15:57 [p.8013]
Mr. Speaker, I am pleased to rise in my place today to speak to Bill C-11, the copyright modernization act, and the important provisions that this bill would give to help Canadian users take full advantage of the opportunities offered by the digital economy.
Since our government first began to address copyright modernization early in our mandate, we have been committed to ensuring that our approach be one based on balance. The Copyright Act as it stands today is woefully out of date. It was last updated in 1997 at a time when VCRs and Discmans were found in every household.
Like all MPs, for example, I make significant use of my BlackBerry. When I meet with constituents, most of them are connected as well. Moreover, we are all using new technologies to stay in touch with the people on the ground in the riding, whether it be through mobile devices, Facebook, Twitter or other online tools.
We are all seeing new and innovative ways in which our constituents are using digital tools to create, innovate, better their communities and strengthen their local economies. This kind of activity has surpassed the copyright legislation that we currently have on the books. That legislation does not reflect the world in which we live today.
As a result, it does not adequately protect copyright works in the digital economy nor does it respect the everyday uses of modern copyrighted works by users across the country. This has to change and that is why we have a bill as we do today.
It is no secret that copyright is a contentious issue. We had to be diligent in ensuring the myriad stakeholders had an opportunity to contribute and provide the perspectives on the way forward. That is why we engaged in an unprecedented online consultation in 2009. It is why our government has been working hard to tackle this issue since coming to office.
I know it has been said before but I think it bears repeating that it is why the legislative committees sat for over 20 days and heard from over 100 witnesses. The goal was to deliver a final bill that effectively takes into account the important and diverse views and balances the many competing interests.
Through this process, members on both sides of the aisle have learned a lot. In Bill C-11, we have achieved this balance. I think it is fair to say that the legislative committee has returned to this House a bill that is ready to be moved to the Senate.
As we have been discussing throughout these debates, the legislative committee, both in this Parliament and the previous one, has done tremendous work in maintaining this balance. With respect to what the bill does for consumers, our government believes that we have struck the right balance. We have brought into the copyright law many legitimate everyday activities, like recording a television show to view later and changing the format of a CD or music file, that have been long overdue.
Let us think of an iPod, not to tax it like the NDP would, but to imagine that downloading something onto these types of devices is illegal under the old law. I cannot think of a more crystal clear example of why change is necessary.
From those educators teaching their classes from a distance to creative people at home putting together mash-up videos and sharing them online, we have ensured that legitimate uses of copyrighted material are permitted under the law.
Finally, through this bill, we have updated provisions in the law that allow for the adaptation of copyrighted material for use by people with perceptual disabilities. The legislative committee tasked with reviewing this bill has made a number of targeted amendments to better deliver the government's intent without affecting the balance of the bill. The provisions relating to the perceptually disabled are an example.
The bill as it was introduced would allow a non-governmental organization to adapt and export a copyrighted work by a Canadian author or an author of another country to which the export will go. This is an important provision that would enable perceptually disabled people to access works that are not already available in the marketplace.
The committee heard testimony that it was not always easy to determine nationality. As a result, an amendment was made to ensure that mistakes made in good faith should not result in financial liability for the organization. That is a fair compromise and one I think members can support.
As with all the provisions in this bill aimed at consumers, this technical amendment helps to ensure fair balance on copyright. Through this and other technical amendments my colleagues have adopted, the bill represents the best way forward to modernize Canadian copyright for the modern 21 century digital economy.
A modern and balanced copy right regime is long overdue in our country. I urge hon. members to join me in supporting this bill and helping move it to the Senate. We cannot delay any longer. The day-to-day activities of Canadians and the digital market itself are changing and growing fast for our outdated copyright regime. We must act and we must act now to pass the legislation.
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