On June 2, the Minister of Canadian Heritage, James Moore and the Minister of Industry, Tony Clement presented legislation that will modernize the Copyright Act. This follows an eight-week online and in-person public consultation process held in the summer of 2009.

If you get the chance to review the legislation, I think you will find it balanced and fair. It addresses the challenges faced by copyright owners and creators and legitimizes many everyday activities of Canadian consumers in the digital age.

The Government recognizes that everyday consumer behaviours such as taking advantage of TV time shifting or posting videos on social media are regular parts of the lives of many Canadians and should be legitimized under the law.

In response to demands for stronger consumer provisions, this Bill extends fair dealing to new purposes, introduces new exceptions for education, and allows innovative businesses to continue developing the technology of tomorrow.

This Bill contains strong measures that will help creators and other copyright owners ensure that they are fairly compensated for the use of their work.

The legislation is technology-neutral, making it flexible and adaptable to change while ensuring appropriate protections for both creators and users.

For instance, Bill C-32 recognizes the incredible potential that technology offers education.   New exceptions and extension of fair dealing to education will open the door for digital learning, enabling students in rural and remote communities to access the same lessons as those in metropolitan cities.

Many would have preferred that the Bill just throw the door wide open but it will still allow the use of Technological Protection Measures (TPM/DRM/digital locks) where industry chooses to use them.  This is mainly because TPMs remain an important tool for creators and copyright owners to protect their work.

While certain businesses have chosen not to use TPMs, there are some business models that rely on digital locks to protect their investments. These industries need to have the protection of the law. 

Software producers, video game  and movie distributors, for example, continue to use TPMs as part of their business model because they wish to protect the significant investment each makes in developing the products. Canadian jobs depend on their ability to make a return on this investment.

It is important to note however that legal protections under Bill C-32 are not unlimited as they are in the United States.

In Canada we will have liability limits.

No company will be able to sue a soccer mum for millions of dollars.

Software companies will be allowed to circumvent TPMs for the purpose of undertaking encryption research and likewise, consumers, within the bounds of their contract, will be able to circumvent TPMs to switch their wireless service provider.

The bill also provides a regulation-making power to allow the circumvention of TPMs in certain cases, for example, where the presence of a TPM would unduly restrict competition in an after-market sector.

Ultimately, the success of TPMs will depend on market forces. Creators may decide whether or not to use a TPM, and consumers can then decide whether or not to buy the product.

I have heard from a few constituents on the issue already.  Both Minister Moore and Minister Clement have indicated that they are open to Bill C-32 being amended in the Committee process so on your behalf, I will present your suggestions to Minister Moore and Minister Clement.  Your wisdom and common sense will be helpful in making the Bill the best it can be.

Speaking of wisdom, I had a few good chats with some fine folks while I was back in the riding last weekend.

I spoke with our retired and still very wise Fire Chief Gerry Zimmerman.  It’s great to see him back on his feet, happy and healthy once again. 

I also attended the quarterly meeting with our MLAs, Mayor and Chamber of Commerce which is always useful and ensures that all levels of government that represent you are working together on the priorities of the community.

If any of you have any questions or comments on this proposed legislation, or any other federally-related matter, I encourage you to contact me by email at ron@cannan.ca or by phone at 470-5075 and I’ll be pleased to get you more information or pass your comments along to the appropriate Minister.