House of Commons Debates VOLUME 146 Ï NUMBER 141 Ï 1st SESSION Ï 41st PARLIAMENT OFFICIAL REPORT (HANSARD) Friday, June 15, 2012 Speaker: The Honourable Andrew Scheer CONTENTS (Table of Contents appears at back of this issue.) 9603 HOUSE OF COMMONS Friday, June 15, 2012 The House met at 10 a.m. I remind members of the House who are thinking of opposing this bill of what Canadian businesses, entrepreneurs, creators, artists and users have said throughout this difficult process. They have said that they need modern legislation to reflect modern times and that they Prayers could no longer wait. Ï (1005) [English] [English] The Speaker: The hon. chief government whip is rising on a Our copyright laws were last substantially amended in 1997. point of order. Compared to the fast-paced world that we live in today, where we have new smart phones every year, we can watch movies on many Hon. Gordon O'Connor: Mr. Speaker, I would like to point out devices with a screen and Internet connection, and where artists and that there are no members from the opposition in the chamber. Can creators can get their big break through social media, 1997 was a we proceed without anybody from the opposition? Here comes a different world. member now. The Speaker: Order. There is no requirement to have members of different parties present for quorum. It is just an absolute number. Indeed, for those of us with young children or teenagers at home, They can all be from one party, if necessary. it is fascinating to see the ease with which they interact with digital media. That which we need to learn they have already internalized as part of the world in which they are growing up. GOVERNMENT ORDERS [English] However, our copyright laws are simply not relevant or responsive COPYRIGHT MODERNIZATION ACT enough for today's world. Whether it is the everyday online activities of the average Canadian, saving a favourite show on a personal Hon. Christian Paradis (Minister of Industry and Minister of video recorder, updating a music playlist on smart phones or putting State (Agriculture), CPC) moved that Bill C-11, An Act to amend a mash-up online, whether it is artists or creators looking to manage the Copyright Act, be read the third time and passed. the release of their works online or protect their works from online infringements or rights holders looking to ensure that their He said: Mr. Speaker, thank you for the opportunity to open investments are protected, all need modern copyright laws. This debate at third reading on the copyright modernization act. This has would ensure that the digital web, with its vast database of been a long process. After 15 years, unprecedented levels of knowledge, incredible ability to connect people, and its limitless consultations, introduction in two Parliaments, reviews conducted by potential to create, innovate and grow, is fully accessible to all two legislative committees, over 30 hours of review and debate, 100 Canadians. witness testimonies and thousands more submissions, and several efforts by our government, it is a great honour to rise today at third reading of the bill. I look forward to seeing this bill move toward the Since the current round of copyright reform began, we have seen a Senate. tremendous change in the digital world. Social media is everywhere. It is now easy to access copyrighted material online and to do so I thank the President of the Treasury Board and the Minister of using hand-held devices. Now cloud computing is looking to Canadian Heritage and Official Languages, who have put a completely upend old service models for data transfer and storage. tremendous amount of work into crafting this bill and toward consultations to get us here today. [Translation] Over the last few years, many different views have been expressed on how to approach copyright reform. Quite simply, to move Modernizing our copyright regime is one of the key ways to create forward we need to establish a balance between what is necessary for a dynamic, growing and creative digital economy in Canada that consumers and what is good for creators. What will support users creates jobs, not only today, but for many years to come. while protecting rights holders? 9604 COMMONS DEBATES June 15, 2012 Government Orders [Translation] First, members will recall that the bill before us includes a provision enabling copyright holders to take legal action against This bill finds a fair balance. It gives copyright owners the tools individuals who knowingly violate copyright online, such as those they need to combat piracy, including new provisions enabling them operating websites that facilitate the illegal exchange of files. I am to sue in case of copyright violations. sure that everyone here agrees that such sites should be the first target of an anti-piracy campaign. Under the legislation, consumers will be able to record their favourite televisions shows to watch them later, transfer music from a CD to a digital device, and create digital mash-ups to post on social To ensure that this provision will be as effective as it is meant to media sites. be, we introduced an amendment clarifying that the provision will apply to online services primarily provided to violate copyright, even Until this bill is passed, these activities are technically illegal. if they were not initially designed to do that. The idea is not to do Consumers who do ordinary activities that are commonly accepted, indirectly what we cannot do directly. To sum up, regardless of the such as the activities I just mentioned, are now in a grey area with initial purpose of a site, if the site enables copyright violations, there respect to their copyright responsibilities. will be consequences. The bill updates the act's exceptions to allow for the use of Second, copyright holders told us that they were worried about the copyright-protected content for the purposes of satire and parody, fact that they would not be able to exact pre-established damages according to the provisions of fair dealing. It also expands the notion from these enablers. Websites that facilitate illegal file-sharing hurt of fair dealing and provides exceptions for educators to better use copyright holders and often profit from their pirating activities. digital resources. This will improve teaching, research methods and Accordingly, the bill was amended to ensure that copyright holders educational content, through the use of the most recent technologies. can protect themselves against these enablers and pre-established It specifies the roles and responsibilities of Internet service providers damages. and search engines. The bill also supports private sector innovation by creating Lastly, the committee amended the bill to eliminate a potential exceptions for reverse engineering, security testing, encryption loophole. We were told that the liability exemptions, which were research and technological processes. It provides legal protection for intended to protect neutral intermediaries, could become a loophole companies that, in the context of their operational model, rely on that enablers could use to protect themselves against litigation. A digital locks to protect their copyrighted content. technical change corrected the situation in order to ensure that enablers would not be able to use these exemptions to protect Finally, under this bill, rights and protections in Canada will be themselves against litigation. harmonized with the World Intellectual Property Organization treaties signed by Canada in 1997. We will finally join the group of nations that have brought their copyright legislation into the I would now like to highlight some of the changes we made that digital era. will identify some of the exceptions included in the bill regarding innovation. Ï (1010) [English] Specifically, the bill contains exceptions to support important innovative activities related to software reverse engineering, security Taken together, the measures in the bill would help Canadian testing and encryption research. creators and innovators to compete and contribute to attracting foreign investment to Canada, while ensuring that consumers, [English] educators and users would have new protections that would give them full opportunity to engage in their digital world. On that point, I would like to thank my colleague, the member for As I described at the outset of my remarks, this House has debated Kitchener—Waterloo, for bringing this to our attention and working the bill extensively, at second reading, during both legislative to better the act. committees and during the report stage just two weeks ago. Ï (1015) [Translation] [Translation] Throughout this process, we have made a special effort to introduce technical amendments that preserve the balance and spirit of the bill. We were told that someone could use these exceptions to engage in illegal activities. The government therefore has made a balanced At the report stage, many of my colleagues spoke eloquently change that will ensure that people engaging in such activities cannot about the nature and purpose of these amendments. In the minutes get around copyright requirements and that our honest innovators remaining, I would like to remind the House why we introduced and researchers can pursue their important work, inventing new these amendments. I would like to begin by discussing the three products and marketing their innovations. In addition to those main amendments that will strengthen the anti-piracy tools available changes, we have also proposed changes that will support non-profit to copyright holders. agencies that work in the interest of people with visual impairments. June 15, 2012 COMMONS DEBATES 9605 Government Orders As far as consumers are concerned, the bill indeed includes an before us or not. Such is the complexity of copyright and the many exception that allows non-profit organizations to create and export views on what is an ideal regime.