Speaking Points

The Honourable Jim Prentice, PC, QC, MP
Minister of Industry

Amendments to the Copyright Act

Ottawa, Ontario
June 12, 2008

Check Against Delivery

Today, the Minister of Heritage and I tabled much-needed amendments to the Copyright Act. This fulfills the commitment our government made in the Speech from the Throne to improve the protection of cultural and intellectual property rights in Canada.

We have been asked repeatedly when these reforms would be brought forward. Our response has been consistent: when we were satisfied that we have a balanced situation that benefits all Canadians.

Ladies and gentlemen, I am confident we have found that balance. This is a unique, made-in-Canada approach to copyright reform that is truly a win-win situation for Canadian consumers who use digital technology, and for everyone who creates material that becomes digitally accessible.

Let me give you a few examples. Consumers will be able to record their favourite TV shows to watch later — known in the industry as time shifting. You will also be able to copy songs you have purchased onto your iPod or cellphone and make backup digital copies of books or photographs. This is commonly known as format shifting.

It has been 10 years since this important legislation was reformed. And in those 10 years the Internet and other new technologies have radically changed the way in which we produce and access copyright material.

Think about it in these terms: 10 years ago, the first portable MP3 player hit the market. The 1998 version bragged about storing up to one hour of music. Today's players can hold thousands of songs, videos and photographs. All of that content at your fingertips in a device the size of a credit card at a fraction of the cost of the original versions. Few could have imagined this a short decade ago.

Copyright reform has been extensively debated over these past years, including in previous Parliaments. Associations have published position papers. Newspapers and blogs have examined the Act from every angle. I myself received thousands of emails on the issue.

And now it is time to act.

The proposed changes are built upon four core principles:

• The rights of those who hold copyright must be balanced with the needs of users to access copyright works.
• The Copyright Act must provide clear, predictable and fair rules to allow Canadians to derive benefits from their creations.
• The Copyright Act should foster innovation in an effort to attract investment and high-paying jobs to Canada.
• Canada must ensure that its copyright framework for the Internet is in line with international standards.

Now, the Copyright Act is a complex legal framework. It affects consumers, creators, publishers, producers, Internet service providers, educators and students. It relates to the books we read, the movies we watch, the music we listen to, and, of course, new technology such as MP3 players and memory sticks. In fact, it touches us all, and it is no surprise to find so many different points of view.

Given this complexity, review and reform must be an ongoing process. But our principles have guided us in reaching this important milestone, and we are confident that we have developed the proper framework for this point in time.

I have spoken about what this bill means for consumers and creators. My colleague Minister Verner will speak more about the cultural aspects. As Minister of Industry, I would also like to talk about what this means for helping businesses in Canada.

As I've said many times before, our role as government is to set the stage for business to succeed and the economy to flourish — in short, to create the right environment by setting the right policies.

With this bill, we have introduced important measures to support industries whose success depends on copyright — software companies and filmmakers, for example. We are providing stronger protection of digital locks online so that companies that choose to use them in their business models will have the support of the law. We have also introduced stronger provisions to address Internet piracy.

We believe that these businesses should be able to invoke the new protections when needed, in a manner that promotes, rather than stifles, innovation and competition in a digital, knowledge-based economy.

In addition to the challenges of the Internet, there are also great opportunities. The Internet has opened up new markets, offered new ways of doing business. This has prompted growth in Canada's Internet service provider (ISP) community. In recognition of this, we have proposed a unique exemption from liability for ISPs to clarify responsibilities online.

We believe these changes will encourage greater participation in the online marketplace — an area that is growing dramatically and is now estimated at $63 billion.

I am also pleased to announce today that our government will be launching a consultation process this fall on the private copying regime — a regime that was introduced in 1997 and is facing similar challenges in relation to the changes brought about by the Internet.

I look forward to hearing the views of all interested Canadians. Review of the regime is another part of the government’s coordinated approach to copyright reform.

In closing, let me be very clear: it is critical that we update Canada's copyright laws for a number of reasons:

• First, to bring us in line with new technologies, as well as international standards.
• To help Canadian businesses remain competitive.
• To provide rights and protection to our Canadian creators who want to better secure their work online.
• And finally, to ensure Canadians can use digital technologies at home to enjoy with their families, or at work, or for educational and research purposes.

This bill represents a win-win approach. Ultimately, our goal is to have the best copyright law for Canada.