:
Madam Speaker, I am very proud tonight to rise in the House as the spokesperson for the New Democratic Party on digital issues, as the spokesperson on issues of culture, and as the representative of the great and massive riding of Timmins--James Bay.
The concurrence motion brought before us tonight is a motion that was adopted by the heritage committee. I have been on the heritage committee for six years. This committee works very well together generally. Bloc members worked with New Democrats and Liberals and the Conservative chair of our committee. We felt that this issue needed to be brought forward to the House to bring awareness to the situation. The motion is very similar to my Bill , which I brought forward in the House two weeks ago. At that time I also brought forward Motion No. 506.
In some ways we are talking about a technical change to the Copyright Act. Some folks might question how much of the minutia of the Copyright Act needs to be discussed. This concurrence motion and my bill would bring forward a discussion about a principle, and that is what I am going to speak to tonight.
Basically, we are discussing the existence of the Canadian private copying levy, which has existed in Canada for a number of years. My Bill would update the Copyright Act to ensure that this great Canadian success story continues on.
We started to see the changing dynamics of the cultural scene. People had cassettes and were starting to make copies of music for themselves and for their friends. Artists were questioning where the copyright was in this. Copyright refers to the right to make copies. They were questioning who was allowed to make copies.
One hundred years ago it was a very simple thing to make a copy with a printing press. It was the same when records were made. I made a number of albums back in my younger days and to make the lacquer of a record is not an easy thing to do. It was an expensive investment, so controlling copies was very simple. Then technology changed and everyone could make copies. The whole question of where to go with copyright arose.
Canada came up with a compromise at that time. People knew that copying was going on. As a former professional musician, I would say that some of that copying was good because musicians certainly wanted other people to hear their music. Their fans wanted to hear their music. People made cassettes. The question was raised: How were artists going to be remunerated? The private copying levy came into being.
For every cassette that was bought, 5¢, 10¢ or 15¢ was put into a fund and that fund paid the artists for the copies that were being made of their work. When cassettes went the way of the dinosaur and we moved into burnable CDs the levy was extended. A problem came up with the technical gap. People are no longer making burnable CDs. Now everything is on the iPod and it can hold anywhere from 1,000 to 2,000 songs.
Supporters of the levy and the artists fully expected the principle of the levy to be continued. This principle was supported by the Liberal government when in power and has been supported by two administrations of the Conservative government. It was felt that this was a fair and reasonable response. However, the Federal Court said the Copyright Act did not specifically identify music players, and we had to have a technical change to the act.
Today's motion for concurrence makes the House aware of the need to update the levy to take into account the technological changes. My Bill addresses the need to update the levy so that it applies to the iPod so that artists could continue to get paid.
I also brought in at the same time Motion No. 506, which proposes another technical change to the Copyright Act. My motion addresses the ability of students and researchers to access materials in their classroom, and to update the law and make it very clear.
The Copyright Act is so burdensome in some ways because every time there is a new technological change a fight breaks out, and it creates some problems. For example, under the Copyright Act it actually says that it is legal to take an easel and a marker in a classroom and write a quote. That is a very fastidious approach to copyright, so the motion was to say we need, as technological change happens faster and faster, to be able to adapt to the realities and how people are using copyrighted materials so that people have access.
This is the issue we are here to talk about. It is not so much the technological changes, but the principle that if we are to have copyright in the 21st century, it has to maintain the traditional balance of copyright. Copyright has existed since the 1700s. It has been identified in Parliament after Parliament, in the United States, in Canada and in Europe, as a principle that the state accepts that authors have a certain control of their work, but at the same time, there is a public good to this work.
What good is the work if it is kept in a drawer and we cannot access it? The public good has to be allowed to have access to that work. That was the principle on which copyright was founded. We have seen numerous technological changes since the 1700s, but we are in a brand new environment in terms of the speed at which copying is taking place.
The other fundamental change that has happened since the mid-1990s is that, I would argue, almost everyone is in some way involved in copyright because students are copying materials, people are downloading songs, people are making their own projects, things that they technologically would not have been able to do.
We have two solutions to this dilemma. We can either continue to find ways to compensate artists and allow access, or we can try to shut it down, litigate and lock down. My Conservatives friends live in a nuance-free zone. They tend to be tough on crime or fight the tax, so they have been in a bit of a schizophrenic, unsure position on where they stand with copyright.
For example, I was rather surprised when we talked about the levy and the fact that two Conservative administrations had supported the levy, which has been a long-standing principle, to see the denounce it as a job killer, one of those socialist schemes, a tax, and that the Conservatives would fight this tax.
He said that this was a real threat. Then he said that they would fight this tax every single step of the way. If one has to say everything one knows about copyright in 140 characters or less, one could say this levy is a real threat, but I was somewhat flabbergasted that a levy, that a principle that has existed and his government supported for two terms, is such a threat that it had to be fought.
There is an attempt to dumb down discussions in Canadian political life, and my colleagues in the Conservative Party have been masters at dumbing everything down. The Conservatives get down on tough on crime things, they send out their ten percenters and they denounce people. I was wondering, how will this attack on the killer tax play out with Joe Average? Here is the National Post response to the Conservative line on the copyright levy. It said, “The government's nonsensical 'Boo! Hiss! No new taxes!' response...is just dumb”.
That is the National Post, a newspaper that does not tend to give the NDP too much of an easy ride on any given day. This is interesting from the Edmonton Journal. It said:
While this mild tweaking of an existing statute seems like a perfectly reasonable compromise, to hear the [Conservative] government tell it, it's the Boston Tea Party circa 2010. [The] Industry Minister, misrepresenting its contents, denounced the bill as "totally nonsensical".
What the Edmonton Journal was referring to was that the Conservatives misrepresented what is involved with the iPod levy. They immediately started throwing numbers around, saying that this is $75 on everything we buy, every computer we buy, every phone we buy. The bill is very clear. It is not that and they would know from meeting with the private copying levy that the last time the levy came before the Federal Court, there was talk about a levy of $2 to $5 to maybe $10 on very large items. That is a fairly reasonable compromise to most Canadians.
It was interesting that the Edmonton Journal pointed out that the rather than responding to a levy that the Conservatives already supported, misrepresented it.
However, the is singled out as well. The heritage minister, who we might think would defend creators, also distorted the levy. Railing oddly, talking as if it included the levy on BlackBerrys, iPhones and laptops, which it does not and railing “that consumers deserve lower, not higher taxes.
The Edmonton Journal, in the great city of Edmonton, in the beautiful province of Alberta, said, “This is fair and balanced, worthy of support. It continued:
The Tories are clearly playing pandering politics; let's hope the other opposition parties -- and independently-minded Conservatives -- sign on to a thoughtful compromise that upholds basic Canadian values of straight dealing.
That is the larger picture. I am encouraging my colleagues in the Conservative Party not to always pander down to the most dumbed-down response, “It is a killer tax and we are going to fight it”. I am giving them the chance to remember that this is a levy that they have supported.
Interestingly, the came before our committee. The Liberals asked him if a fee was a tax because they were trying to get at what is a levy and what is a tax? The heritage minister asked if they were talking about the iPod tax, and they asked again if a fee was a tax?
The minister said that it depends on its purpose and it depends on how it is used, and it depends on who they were talking to. He said, for example, that if people are paying a fee for an ongoing service, like air security charges, which the government has downloaded, that it might not be, but I think people might disagree. He said that if it is dedicated in an envelope and it is transparent for that envelope, it may not be seen that way, as a tax.
That is what the levy is. The levy is transparent, dedicated money. It does not come to the government. The government never touches this money. It goes to artists. Our is maybe feeling a little uncomfortable about having gone out so far on a tax.
We have to talk about where we are going and we have to have an adult conversation about copyright because there are really only two solutions. There is a way that we compensate artists or we start to litigate, and we start to go after the consumers and the users. That approach will not work. We only have to look at the United States where it is suing single mothers, high school students, and an 83-year-old lady in an old folks home for supposedly downloading songs. That is not a coherent cultural policy and it is not a defensible policy.
We see the attack on consumers that the Conservatives railed in the last Bill C-61. They deliberately blurred the distinction between counterfeit and personal use. If people broke the digital lock on their iPhone because they did not like the package they had and wanted to go somewhere else, well they were technically criminals. Or, if they had bought a CD and could not back it up to their iPod and they wanted to break that digital lock, the Conservatives treated them, the average consumers back home, the same as they would treat an international counterfeiting ring.
That is bizarre. That is an attack not just on consumers but it is an attack on artists because artists want to work with their fans. Knowing the Canadian music scene as well as I do, there is a special relationship between artists and fans in Canada because we are small markets and we have to support our artists.
We need to have this discussion about how we are going to compensate because I believe and our party, the New Democratic Party, believes that the Internet has created the opportunity for probably one of the most, if not the most, exciting democratic grassroots cultural exchange that has ever been imagined.
People are able to engage each other. People are sharing ideas. People are actively engaged. There are two threats to what exists on the Internet right now. The first threat is the corporate threat, the lobbyists who do not like citizens deciding what they want to watch and how they want to watch it and what kind of content. That is the approach that we see now with the secret ACTA negotiations that this Conservative government is engaged in.
Now under the ACTA negotiations, the government would make the ISP, the cable provider back home, liable for what consumers download, and the ISP could be sued. What do members think that would do for innovation in this country?
It would shut it down immediately because the cable guy would be too afraid to let people mess around if he was not sure. They would not even need the threat of copyright action. They could shut someone down. This is the three-strikes-and-you-are-out provision.
The Conservatives have not told the consumers back home and all the little people they claim to support that the negotiations that are going on internationally would create provisions that would make it possible for three violations of copyright. Maybe our son or nephew has sent a song for us to listen to. That could be a violation of copyright. Three times and we would be denied access to the Internet, period, without going to court, without going to trial. I think this would be very invasive.
We see this approach and, again, we see the approach of the Recording Industry Association of America that is launching millions of dollars of lawsuits against individuals. That is not a reasonable response.
This is the corporate threat to the Internet, the attempt to lock down, to deny access, to make digital lock sacrosanct. That is a serious threat to the development of the cultural commons that is being created.
However I would say there is another threat, and I think this is a threat that civil society needs to look at. We talk about digital citizens and the rights of the digital citizen, but if citizens do not take the responsibility as a citizen, that is as much a threat to the development of a cultural commons.
If citizens believe, if individuals believe, that the great works that are created, the music, the books, the films that are being created by our wonderful creators, can be just taken anytime we want without anybody ever getting paid, that is a destruction of our cultural heritage.
I have met many of these digital libertarians and many of them I like and I get along with very well, but I would argue that there is nothing countercultural about taking the work that artists create. I have had people say to me that artists are living in a dead business model; they should develop a new business model.
There is nothing new in the business model of having to sell T-shirts to pay for the gas to get to one's next show. Artists have been doing that for years. There is nothing new in the business model of having to hawk buttons, bumper stickers and whatever else. Artists do this anyway, because artists barely make a living at the best of times. However artists put a lot of effort into that music and they put an investment of their future into it.
We can talk to many artists. They do not want to sue their fans. They do not want a war with their fans. They are just saying, “Find a way that we can share our music and we can be compensated”.
This past winter the great U.K. rocker Billy Bragg came here to Parliament Hill. Billy Bragg was speaking for the musicians of England and many musicians all over the world and he said, “When music is played, artists should get paid”. It is a fundamental principle.
Billy Bragg was saying he did not support the corporate attack on fans. He did not support the locking down of his music. He wanted people to be able to share his music and to hear it, but that he wanted to be able to continue doing what he has done so well and that it has to have a remuneration factor to it.
The alternatives we are looking at tonight are these. One model is whether we continue to go down the road with the Conservative government that has no plan, no vision for a true digital economy, who are engaged in secret ACTA negotiations that would penalize and criminalize average citizens, that would lock down content and make it impossible for researchers, for students, music fans to be able to access works without having to worry whether they need to see a lawyer. The other progressive model is to say we know there is sharing going on, we know there is all kinds of trading, and some of this is good because it is creating new business ideas out there and we want to support the new business models that are coming. However, we want to ensure artists are compensated. That is a fair and reasonable solution.
It is not an enormous amount of money when we divide up how many songs are being put on iPods. It is a fairly reasonable amount.
We have an opportunity in the House to say that, as various members, we can agree to some fundamental principles. One of those principles is that artists have a right to be remunerated for their works.
I will say in closing I was speaking with Cory Doctorow, who is another great digital activist. He was talking about the levy. He said that what Parliament needs to do is to find a way to end the cold war between the music industry, the corporate lobbyists, the musicians and the fans, because we all benefit from great music and we all benefit from building the relationship between our artists and the consumers.
:
Madam Speaker, the motion of the Standing Committee on Canadian Heritage before the House today arrives at an opportune moment. These issues raised are important to Canadians and we welcome this debate.
As my hon. colleagues will remember, our government announced in the Speech from the Throne earlier last month that it would take steps to strengthen laws governing intellectual property in copyright. The committee's motion presents a valuable and timely opportunity for us to begin our discussions in this area.
I would like to remind the House that our government has pledged its commitment to helping Canadians succeed and meet the emerging challenges of the global and digital economy. We believe that innovation, collaboration and creativity must be the foundation of any such efforts. Let us celebrate and build on the fact that through the efforts of individuals and businesses from across our great country we are bringing innovative ideas, products and processes to the world stage.
Our country's work should and is recognized as effective, powerful, innovative and of the highest quality. It is for this reason that our government has made the unprecedented investments in business innovation and creativity through Canada's economic action plan. These investments will help Canadians build an economy that will provide prosperity and jobs for both today and tomorrow. However, to do this, Canadians must be able to develop the knowledge and skills they need to create and take advantage of economic opportunities. Of these, one of our government's priorities is to capitalize on the opportunities offered by the digital economy.
As we all know, technological change is occurring at an unprecedented speed and intensity. We cannot afford to simply be reactive as we are presented with both the opportunities and the challenges posed by increasingly rapid technological change. The question becomes: How do we secure our place as a world leader in an ever increasingly competitive marketplace?
Canada needs to be at the forefront of these new markets, ready and equipped to benefit from the opportunities it creates. That is why our Conservative government is working to ensure that our legislative and regulatory approach is conducive to supporting these businesses. We want to ensure that Canadian businesses are equipped to deal with the challenges posed and take advantage of the opportunities offered by the digital revolution with strong intellectual property laws that encourage new ideas and protect the rights of Canadians.
Our government recognizes that updated copyright legislation will strengthen Canada's ability to compete in the global digital economy and contribute to our cultural and civic life. As such, we are committed to modifying the laws governing intellectual property and copyright with the ultimate goal of creating an environment that encourages the creation of new ideas and contributes to economic prosperity overall.
I will take a moment here to remind the House that industries touched by copyright account for 4.5% of our gross domestic product and employ 5.5% of our workforce. These are industries that are creating wealth and value where none existed before. This is why our government is committed to helping ensure our copyright laws are designed in a way that the ingenuity of Canada's best and brightest can continue to flourish. We will foster creativity, innovation and economic growth by giving Canadian creators and consumers the tools they need to keep Canada competitive internationally.
The field of copyright is very complex and there are many players who have a wide variety of views and interests. Our government must consider and balance these interests as we move forward to a modernized copyright law.
Our government wanted to take the opportunity to listen to what Canadians had to say about why copyright is important to them. In the summer of 2009, we took the initiative and demonstrated leadership within the current copyright debate by holding eight weeks of public consultations on copyright reform. Our process allowed interested Canadians to have their say in discussions of Canada's copyright law. We hosted events right across our great country.
Furthermore, we leveraged new technologies to reach out and consult with a greater number of Canadians as effectively as possible through our interactive website.
The participation was unprecedented and we welcomed the comments of rights holders, users, intermediaries and everyday Canadians.
We know that Canadians are concerned with copyright and its implications in our increasingly digital environment. This was demonstrated by the thousands of Canadians who took the time to participate in one way or another.
I will remind my colleagues of the scope of participation in this process. In total, we received more than 8,000 formal written submissions from organizations and individuals across the country, while over 1,000 Canadians attended live events, which included both public town halls and stakeholder round tables, across the country, in Vancouver, Calgary, Edmonton, Winnipeg, Toronto, Peterborough, Gatineau, Montreal, City of Quebec and Halifax, at which they were able to offer their views.
The most easily accessible way to participate was an interactive website that received more than 30,000 unique visits. More than 2,200 visitors registered as users and they collectively left more than 2,500 comments on the site through an online forum. The online forum allowed site visitors to create their own threads of discussion and views and comment on what others had to say. I am pleased to tell members that this was quite a lively discussion that explored the issues associated with copyright.
Participants were asked questions to determine their personal interest in copyright law and how they believed the law should be strengthened in light of that interest. They were asked how copyright laws should reflect Canadian values and interests. They were asked how these laws might better foster innovation and creativity. They were asked what sorts of copyright changes would best foster competition and investment. They also were asked what kinds of changes would best position Canada as a leader in the global digital economy.
Let me emphasize that this open and transparent process will help us to deliver new legislation that is forward-looking and reflects Canadian values.
The feedback we have received on the consultations has been very positive and the level of debate is one of which we are very proud. Much as the standing committee's motion suggests, the Canadian private copying regime is an issue of interest which was discussed during the consultations. The motion before us bears directly on that regime's future. I will take a moment to expand upon it here.
The Canadian private copying regime was created 13 years ago through the 1997 copyright reforms. It was designed to deal with the challenges stemming from new technology. With better technology, Canadians could easily make and use copies of music in their possession. Making such copies without the copyright holder's explicit consent was illegal.
This created a situation in which individuals regularly flouted the law, even if they were not aware of this. This also meant that rights holders were not being compensated for the use of the work to which they held the copyright. The solution was to place a levy on the blank media consumers use to make copies and then distribute this money to copyright holders. This solution was known as the Canadian private copying regime and its legal basis was set forth in the Copyright Act.
Under the private copying regime, the copyright holders of sound recordings are entitled to receive compensation drawn out of the moneys collected against blank media. The regime also allows Canadians to make copies of audio works for their personal use without infringing copyright law.
To manage the operation of the regime, the Copyright Board of Canada authorized a body known as the Canadian Private Copying Collective. Based out of Toronto, this non-profit agency is an umbrella organization that represents songwriters, recording artists, music publishers and record companies. The Canadian Private Copying Collective receives moneys arising from the levies and distributes these to copyright holders. To date, the Canadian Private Copying Collective states that it has distributed over $180 million to copyright holders in the music sector.
As with many other elements of the Copyright Act, the Canadian private copying regime has always been the subject of debate. It is important to note that technological changes that occurred since the creation of the regime 13 years ago had added new elements to the debate. Various technological developments mean that one does not necessarily need to purchase blank media to make copies anymore.
Needless to say, there are many views around how this might be addressed. Our government believes it is important that we consider all these views when contemplating possible solutions. In our consultations in the summer of 2009, the views we heard on the future of Canadian private copying regime were many and varied. Issues such as compensation for copyright holders, flexibility, reasonableness and clarity were all discussed.
There were some who would like to see the act amended, as indeed the committee report proposes, such that a tax may also be charged on digital recording devices, such as MP3 players and other media recorders, computers, cell phones, et cetera. The opposition coalition's proposed tax would equal up to $80 per iPod and MP3 player for Canadian consumers.
The viability of the regime in light of the new technological developments needs to be revisited and re-examined. We need to develop changes that can encourage new business models. Many of those who were consulted were eager to defend their right to continue to use electronic files in their possession and to transfer these files to new media, such as MP3 players, without paying additional fees.
In short, some have come to expect that the market will give consumers a wider variety of material in formats that are both more convenient and less expensive than what is currently available.
We need to examine how we can maintain protection of artists' rights and their ability to receive payments for use of their work while avoiding an additional tax on consumers. Canadians also expect that our copyright laws will continue to foster economic growth by providing incentives to our best and brightest to continue to create.
As we go forward in our consideration of this legislation, I encourage this House to keep all these points in mind, particularly how the proposed amendment fits into the larger copyright domain. We need to keep our eye on the bigger picture and the work our government has already begun well before the adoption of the motion.
We look forward to discussing these issues during this debate. Thanks to the consultations, we are now equipped with a wide variety of points of view as we turn our attention to preparing copyright legislation. This is essential because we know that technology will continue to develop. It will not be enough to simply amend the act to respond to each new challenge presented to us by technology.
Let us proceed together to update and strengthen our copyright law in a way that will strengthen Canadians' ability to compete in the global digital economy. Moreover, let us work to enhance their ability to continue to make their significant contribution to our cultural and civic life.
:
Madam Speaker, first of all, I will be sharing my time with the hon. member for .
I am pleased to be able to speak to the motion moved by my colleague from . It is a very complex, topical debate that goes far beyond the context and scope of the motion.
We are in the midst of a transition to a digital economy, which affects culture in a big way. It is a topic we are faced with every day, not only in the House of Commons, but also in the business world, in broadcasting, and in film studios, to name a few. We could talk about it even more, if this government would be more open about the anti-counterfeiting trade agreement, which concerns all of us. We know our government colleagues very well, and they like to have full control over access to information. That said, let us get back to the matter at hand.
The Liberal Party has always believed and still strongly believes that our artists, especially our creators, must be paid and remunerated for their work. Our party has always been recognized as a reliable partner for Quebec and Canadian artists. This is the case because we recognize the value and wealth of the contributions made by our artists and cultural industries.
Our party fought back when the Conservatives decided to eliminate various cultural programs in 2008 for ideological reasons. I can assure the House that we will continue to protect what our artists do to enhance our culture with courage, innovation and creativity.
This is why I agree in principle with my colleague's motion. Clearly, our creators should be compensated for the valuable work they do. Who would agree that they should not be compensated for what they create, except maybe our Conservative colleagues?
The purpose of the motion before us is not to create a new law or a new tax. Its purpose is to update the current law, because there is already a system of levies on recording media such as blank CDs to account for copies. That already exists. Why should the new technology that is replacing CDs not be subject to the same law?
The argument we have heard from the Conservatives today makes no sense. Unlike them, we know that this motion has nothing to do with a new tax; it has to do with a levy on electronic devices. That levy would be redistributed directly to artists.
My colleague should know that when a tax is collected, the money goes into the government's consolidated revenue fund and can then be put toward government priorities. In this case, we are talking about a levy that goes directly to creators and artists. The government does not get one cent of the money.
Unfortunately, the and his parliamentary secretary cannot tell the difference between a tax and a levy, and they are hoping that the public will not be able to either.
I have said it before and I will say it again: our artists should be compensated for their work. They amply deserve to be compensated. It is logical, fair and essential to maintaining a strong, vital cultural milieu. The cultural industry generates $40 billion in revenue and creates more than 600,000 jobs in Canada. Culture makes a significant contribution not only to our economy but to our everyday lives. Can we even imagine a day without culture?
We must support our artists by ensuring that our legislative framework reflects this new reality. My colleague's motion talks about redefining that framework. Unfortunately, though, this motion has serious problems in terms of process and content.
With respect to content, it is clear that the motion is not specific enough, particularly when it comes to the digital devices targeted by the new levy. What exactly are we talking about? We know that it would apply to iPods because people use them primarily to listen to music, but would it also apply to the BlackBerry and iPhone?
That is a good question. Will it also apply to home computers? In short, will it apply to all devices that have a memory and can record and play back music? We think it is absolutely critical that we differentiate between these devices based on their primary use. The primary use of a device that will be subject to the levy is a new element we have to consider in this debate.
This matter deserves to be taken seriously, but a motion that does not take this distinction into account will not help. However, I want to say that the work that went into this motion is not for nothing. It reminds us that we still have a lot to do to deal with current problems that need solutions. That is what I wanted to say about the content of the motion.
With respect to the process my colleague has chosen, with all due respect, I must say that it was somewhat ill-advised. For this discussion to be productive, it must take place within the larger context of the ongoing debate on copyright. Many have said that the government is behind when it comes to updating that kind of legislation. My NDP colleague mentioned that too.
The Conservatives believe that it is more important to advance their ideological agenda than to help our artists. We all know that. The Copyright Act is in dire need of amendment, but we have to deal with it comprehensively. We cannot do it by playing with motions that will not end up changing anything. Nor can we dissect every little part of the Copyright Act and turn all of those parts into motions to win political points.
Unfortunately, this motion is incomplete. It comes at a bad time and in the worst way. In fact, it could be counterproductive and hinder our current objectives. The Conservatives have taken advantage of this in order to spread falsehoods about the end goal. The Bloc Québécois motion—and we heard this again today—has allowed the Conservatives to completely shift the debate to make it an issue of taxes. We all know that is not the case.
The Conservatives are obsessed with the word tax. They are unable to distinguish between a tax and a levy. The motion as presented has given the government the opportunity to talk about taxes. This will hurt our artists in future debates. The current debate will not change anything, but this motion may hurt future debates.
We must quickly come up with something concrete. I invite my colleague and her party and all the other hon. members to work with us in order to come up with a system. It could be the one proposed in the motion, but with some clarifications. We want a system that will enable our artists to be paid for their work. It is a matter of common sense, justice and equality.
Instead of debating a motion that, even if it were accepted, would not change anything and that simply allows the government to make speeches day after day about taxes, why not work together to amend the legislation when the time comes? That way, our artists will get what they deserve and will be paid for their creations.
:
Madam Speaker, I am delighted to speak to my colleague's motion. As we all know, the world around us is evolving at a fast pace and we must ensure that the legislative frameworks that we create are well-suited for this change, especially in the area of technology.
In this digital economy era, a sector that has to work even harder is the cultural sector to keep up with the change. We must ensure that the change that it is encountering is looked at as opportunities versus constraints. It is for this reason that it is incredibly important to make an informed decision.
In accordance with our historical reputation of being a strong partner in the cultural industry, I know that many of my caucus colleagues in the Liberal Party wish to ensure that our cultural heritage policy and our cultural heritage in Canada is protected, while at the same time promoting creativity and innovation and also ensuring that the rights of all artists are protected in our country.
For instance, members may recall that we supported the industry when the Conservatives decided to make a $45 million ideological cut, both to the loss of Trade Routes and the PromArt programs. The industry was yearning for help. I know that many individuals in this House and, in particular, caucus colleagues, ensured that they were with them to support them during that difficult time.
We must ensure that we have a strong and dynamic cultural industry. This is why we believe that artists must be supported and also remunerated for their work. They are talented, hard-working and dedicated and we must ensure they have the opportunity, the resources and the tools they need to succeed.
The motion presented by my colleague deals with the issue of the latest technologies not being included in a law that already applies to compact discs, or CDs. We talk about BlackBerrys and iPods. Clearly, the law must be modernized to take into account the new digital environment in which we live and the technologies that are being used by many Canadians across this country, in particular, our young people.
Also, to call such a measure and use the word “tax” is simply wrong. It is a levy, which means that the money raised will go directly to the rights of owners and that the government would not make any particular money out of all of the levies that are collected. I would hope that this difference and this particular concept between a tax and a levy would be knowledgeable to all members to ensure that all individuals could make an informed decision.
However, it is still inconceivable to think that artists should not be able to get their fair share for what they produce through their talent, their hard work and their efforts. One way or another, we must ensure that artists are supported. They are our industry's bread and butter, which is why some of the initiatives put forward by the government previously have been flawed.
In this spirit, I believe that the rationale behind my colleague's motion is actually sound, as my previous colleague just stated in his speech.
We must ensure that our artists receive their fair share not only for what they produce but also because they deserve it and because such a measure would help to ensure that the cultural industry keeps the creativity and the innovation and also gets rewarded for it. However, most important, it would help to ensure that artists and the cultural industry are viable and sustainable for many years to come. We must realize that the cultural sector alone represents over $40 billion and over 600,000 jobs in Canada. We must ensure that we protect and promote our cultural industries in Canada.
There are many flaws with the motion that we have identified in talking to many individuals, to stakeholders and to organizations. For example, the motion does not talk about devices that would be levied. What about the BlackBerrys and iPods that are being used? It is our belief that we must study this further to ensure it makes sense. We must ensure that the categories for this particular motion would be identified.
It is also important to have further studies on this before making a decision. We all must be informed and educated before making a decision that could impact the cultural industry and many Canadians and, most important, many consumers of these products.
However, in talking to some of the advocates, the stakeholders and organizations, they identified another criticism. They also highlighted the need for Canada as a country and for all of us as parliamentarians to revisit the copyright law and legislation.
In order for us to reframe this legislation, we must look at it in its entirety, not just a fraction of it. The committee report only deals with a portion of the copyright legislation, not its entirety.
The government must take immediate action to bring forward changes that are desired by the industry. However, these changes must be brought forward in consultation, collaboration and co-operation with all of the stakeholders at the table. It must not be done in isolation. In addition, the timing that has been identified perhaps is not the best.
On the international scene, many debates and discussions have been held throughout the world in regard to the issue of copyright. Any changes that we make here in Canada must be uniform. We must ensure that we have a copyright law that protects consumers, that protects the artists, that protects the stakeholders and the organizations.
Many organizations and stakeholders have been advocating for a change to the copyright legislation to ensure that it is fair, to ensure that all of the necessary players and stakeholders have an opportunity not only to benefit, but to be protected. At the same time there needs to be an opportunity to promote our cultural industries. We must ensure that we bring forward this change to the legislation as soon as possible, with proper consultation and collaboration.
We must also ensure that the decisions that come forward are done in consultation with all members of the House. In talking to many of the stakeholders, I have heard first-hand that they felt shut out of the previous copyright legislation.
This particular motion does not reflect all the changes that need to be made. It does not exactly identify the type of products and technologies that would be used. In particular, it does not exactly identify the impact it would have on young people in this country who I would think would be the prime consumers of such products.
As a member of the House of Commons heritage committee, I know there are many dedicated and hard-working individuals who want to ensure that we bring forward legislation which is reflective of the needs and the priorities of the organizations and the individuals and most important, Canadians, whom we are trying to help.
We must modernize our copyright legislation to ensure that it is coherent with the needs of the creator and also the consumer. We must work together to ensure that this legislative framework is beneficial for everybody. By putting partisanship and politics aside, all of us as parliamentarians will be able to work together in a co-operative and collaborative fashion to ensure that consumers are protected, to ensure that those individuals, such as artists with their talent, with their creativity, with their dedication, are also rewarded. We must ensure that legislation that is brought forward provides an opportunity for everyone to succeed. We must continue to invest in our cultural industries.
:
Madam Speaker, I am glad to speak this evening to the motion by my colleague from , which the committee has already adopted, as has been mentioned several times. As my NDP colleague said, half the Liberals on the committee voted in favour of the motion, as did the chair, who is a Conservative. So this is not a motion that some members on this side of the House just came up with. It comes directly from the committee and has the committee's support on the whole.
A well-known American author, Buckminster Fuller, who wrote Operating Manual for Spaceship Earth—a book that was famous in its day—and designed the geodesic dome that served as the U.S. pavilion at Expo 67 in Montreal, once said that if you are in a shipwreck and all the boats are gone, a piano top buoyant enough to keep you afloat that comes along makes a fortuitous life preserver. But this is not to say that the best way to design a life preserver is in the form of a piano top.
What our friend Buckminster meant—and it applies perfectly to our debate today—is that in an emergency, we do not always have time to fuss over details and we sometimes have to take the most expedient course of action instead of waiting for the best course of action. Perfect is quite often the enemy of good.
Our singers, our musicians, our authors, our songwriters and composers and all those who support them are in a state of emergency. Day after day, they are watching their copyright revenue melt away like snow in the sun. Paradoxically, consumption of their work is growing fast, and because of this gap, many of them have an annual income that puts them at the poverty level. This is unfair to them. Not every artist is a Luc Plamondon, a Céline Dion or a member of Cirque du Soleil who has made it big. Many artists are just starting out and still have far to go before they reach their goals.
It is simply a stalling tactic to claim in this House, as many members have, that before taking action we must wait for a comprehensive digital strategy and the modernization of the Copyright Act in keeping with this new strategy and what is being done internationally. This reasoning seeks to justify inaction, which is unwarranted at present and harms the artists concerned as well as their creations. In this sector, the creation is the goose that lays the golden egg for the entire system. If there is no creation, there will be no product for distribution. If there is no product for distribution, there will be no income to share.
Therefore we must ensure, and quickly, that our artists receive their share of the pie. They are entitled to it and we owe it to them. We hope they will continue to create, as their success assures us of ours. If the income of our creators nosedives when the income of all the others in the chain increases, it is simply because new technologies, such as MP3s and iPods, are not covered by the current Copyright Act.
The motion adopted by the Standing Committee on Canadian Heritage, which we are asking the House to adopt, will solve this problem, albeit temporarily. The motion reads as follows:
That the Committee recommends that the government amend Part VIII of the Copyright Act so that the definition of “audio recording medium” extends to devices with internal memory, so that the levy on copying music will apply to digital music recorders as well, thereby entitling music creators to some compensation for the copies made of their work.
This is, in fact, a declaration of principle.
My colleague, the member for , was very careful to specify the following in her remarks a few weeks ago:
We are asking to update the legislation to include MP3s.
I said in my speech that the measure would apply only to MP3 digital audio recorders. We are seeing the usual scare tactics from people who say that the measure will apply to smartphones such as the BlackBerry, but that is false.
That is what my colleague said.
We consider this a temporary solution to the problem because we are well aware that we will soon need a much more comprehensive framework to deal with the issues. Canadian regulations do not apply to broadcasting in new media. The CRTC has stated that many of the issues surrounding new media do not fall within its current mandate. That is why we will have to review its mandate, a process that will be neither quick nor easy.
There are many issues related to new media, including taxation, copyright, privacy, spectrum management and the convergence of the broadcasting and telecommunications industries, which fall within the purview of several federal departments, thus complicating matters. The CRTC asked the Government of Canada to coordinate its approach to these intersecting issues by developing a national digital strategy, but that is not going to happen overnight.
This is all the more pressing because we are talking about a major economic sector in which Canada's 2,300 digital media companies employ 18,000 workers and generate some $3.5 billion in revenue per year. That is not peanuts.
I should also point out that people are adopting these new technologies at an ever-increasing rate.
For example, a group of Harvard students set up the social networking site Facebook in 2004. Just five years later—not 50—in September 2009, the site had 300 million active users worldwide, including 12 million in Canada. That is an example of how fast things are changing.
In the same vein, Google Inc. is only 12 years old. The company was founded in 1998 by two students at Stanford University, Larry Page and Sergey Brin. The initial search engine quickly became the most powerful in the world and it currently processes roughly 70% of all online requests for information. Google is now the most popular Internet search engine and has generated astronomical revenues for its creators who have sold advertising space on the search pages.
Would the creators of Google have agreed to invest so much talent, time, energy and money if there had been no chance of being paid one day for their investment and creativity? I doubt it and, in my opinion, my colleagues do not think so either.
Our music creators are currently in a situation where their creative efforts might not be compensated because everyone can use their property without paying for it. We have to help them. It is urgent.
At the scene of an accident, we do not engage the multi-trauma victim in a discussion on medical philosophy or the future of health. We first ensure that the injured person is breathing, that the bleeding has stopped and that the person will survive long enough to receive the right treatment in order to recover.
That is exactly what the motion from my colleague, the member for , is trying to do.
I have read the questions and comments from government members that opposition members have been hearing in recent weeks, at least all the ones that were about this motion. A number of these questions and comments seemed to be trying to pass opposition members off as amateurs and government members, as usual, as professionals.
I would like to remind members opposite about something that is often forgotten: amateurs built Noah's ark, and professionals built the Titanic.