Archived - Daluca, Marcel

Marcel Deluca

Minister Tony Clement,

I am a Canadian taxpayer, voter and work in the Recording Industry but, first and foremost I am a parent of two young boys that attend school. As a parent, I have gone to great length to instill the values and principles that will make them productive Canadians and contribute positively to society. I had the opportunity to listen on-line to the Montreal and Toronto Copyright Consultation Town Halls and as a parent, I am very concerned and afraid that the very values and principles that as parents we try to instill in our children our being ignored and even questioned in the debate on Copyright Reform.

The act of taking something that is not yours without permission from its owner is, pure and simple…stealing. Mass unauthorized downloading of digital goods such as movies, music and software continues to take place in Canada and by failing to take action, our government has allowed a culture of piracy to thrive in Canada. As most students, including mine, exposure to the internet and the culture of piracy and sheer volume of illegitimate traffic without clear rules against unauthorized file sharing goes to undermine the basic principle most civilized societies abide by "Though shall not Steal".

Copyright protection for creators and owners of derivative works has long been the foundation of the Canadian Copyright Act. Canada's Copyright Act does need reform. In the absence of modern copyright rules, rampant file sharing in Canada has undermined the ability of creators and creative industries to earn a living from their work. The Copyright Act must provide clear, predictable and fair rules to allow Canadians to derive benefits from their creations. Yes, the upcoming Copyright reforms should balance the rights of those who hold copyright with the needs of users to access copyright works, but reform can not erode the foundation in which the Canadian Copyright Act was developed. The upcoming copyright reforms should foster innovation in an effort to attract investment and high paying jobs in Canada. They should protect the right of artist and other creators to earn a living from their work. The reforms can do this by bring Canada's copyright framework for the Internet in line with International standards, and specifically, the WIPO Treaties.

At a minimum, Canada's copyright reform must

• Create online legal certainty to enable a robust legitimate marketplace.
• Provide strong copyright protection that provides incentives for entrepreneurs to invest in innovative new digital models that enhance Canadian consumer choice.
• Effectively protect creators' investment of time, money and creativity
• Avoid vaguely-worded, open-ended or flexible exceptions to the copyright that invite litigation, create legal uncertainty and deter new business models.
• Prohibit hacking of digital protections of creative works under the same principles that prohibit picking locks, hacking computer, stealing satellite signals or trafficking in break-and-enter tools.
• Provide clear rules against unauthorized file sharing services to ensure that Canada does not become a haven for illegitimate operations that profit from enabling the massive theft of other people's property.

This is about jobs, it is about careers and it about culture, but more importantly this is about ensuring that the values and principles that we want our children and future generations to live by are in place for the digital age.

Thank you for allowing me to provide input on the issues of critical importance to me.

Regards,
Marcel Deluca