Heritage Committee Copyright Hearing, November 6, 2003

Posted by: Jason Young on Tuesday, November 11, 200311:49 PM EST

 

CopyrightThe questions to the Minister focused mainly on the WIPO treaties and why the Government still has not ratified. The Minister expressed regret and blamed the slow process on the “machinery of government”. The minister is a strong proponent of the treaty and promised to do everything in her powers to push through with ratification....

Standing Committee on Canadian Heritage Meeting No. 57
Thursday, November 6, 2003
11:00 a.m. to 1:00 p.m.
Room 308, West Block
Canadian Internet Policy and Public Interest Clinic (CIPPIC)
Student Correspondent: Michael Yang

Members of parliament present:
Clifford Lincoln (Chair, Lib), Paul Bonwick (Lib), Carole-Marie Allard (Lib),
Liza Frulla (Lib), Alex Shepherd (Lib), Jim Abbott (CA),
Christiane Gagnon (BQ).

Orders of the day:

Statutory review of the Copyright Act, Section 92.

Witnesses:

1. Department of Canadian Heritage, Hon. Sheila Copps, Minister

2. Neighbouring Rights Collective of
Canada

3.
Canadian Recording Industry Association

4. Association québécoise de l’industrie du disque, du spectacle et de la vidéo (ADISQ)

5. Société professionnelle des auteurs et des compositeurs du Québec et Société du droit de reproduction des auteurs, compositeurs et éditeurs au Canada

6.
Copyright Consortium of the Council of Ministers of Education, Canada

Commentary:

The room was packed with people because Minister Copps made an unscheduled appearance and was available to take questions from MPs and witnesses.

The questions to the Minister focused mainly on the WIPO treaties and why the Government still has not ratified. The Minister expressed regret and blamed the slow process on the “machinery of government”. The minister is a strong proponent of the treaty and promised to do everything in her powers to push through with ratification.

The Councils of Ministers of Education was the only party present who took an opposing view towards ratification of WIPO treaties. It advocated a “wait-and-see” approach citing an article written by Professor Michael Geist for support. The committee rebuked their position by asking how long should the copyright holders suffer before the government took action to protect their rights?

The focus of the hearing was diverted somewhat by Paul Bonwick, who talked about the illegal black market satellite situation that is currently plaguing the Canadian Broadcasting Industry.

In all, the Minister spoke with the various MPs and witness for about an hour before departing. This left only one hour for the witnesses to speak. The Chair decided to extend the hearing by 30 minutes to allow for questions by the MPs.

Due to the time constraints, each witness spoke very quickly, most reading directly off their notes. The interpreters sometimes had problems keeping up.

Surprisingly each party appeared to be fairly disinterested in each other’s position. For example, Mr. Robertson, President of the Canadian Recording Industry Association, after addressing the committee for about 15 minutes played with his Blackberry for the rest of the hearing.

I also sensed some distrust amongst various groups. For example, when the committee asked if anyone had a problem with the Music Industry representatives who volunteered to submit a draft legislation to help the process along, the Council of Ministers of Education objected and asked to submit their own draft.

Questions and Answers:

Abbott (CA): to Minister Copps
· Regarding fees, you recommend more governmental analysis and consultation. I find it astounding that you would recommend this after all the work that has already been done.

Ans: The problem is that two positions conflict: the position of the Heritage Department and the one of Industry
Canada. This is a “machinery of government” issue that has to be decided by the Prime Minister. That’s why I’m suggesting the creation of a sub-committee that would include both departments.

Bonwick (Lib): to Minister Copps
· You didn’t address the issue of black market satellite reception.

Ans: Satellites are under Industry’s purview. I can’t take the legislation forward for that reason, but if this committee was to “pack the snowballs, I could throw them”. As for the World Intellectual Property Organization Treaty, it would be the happiest day in my life if it were to be ratified.

Frulla (Lib): to the Canadian Recording Industry Association
· We can’t seem to get a draft document together to work on, would it be possible for you to put together such a document for us to consider?

Ans: Absolutely. We could bring it forward in two weeks.

Bonwick (Lib):
· Concerning the black market of satellite signals and the “machinery of government” problem that the Minister has raised, would the Chair of this committee consider sending a letter to the PMO in order to make things move forward?

Lincoln (Lib):
· Since we don’t have quorum at this moment, I can’t decide without consulting with the other members of this committee. I will however write to the other members to see what they think.

Bonwick (Lib): to the Copyright Consortium of the council of Ministers of Education, Canada
· You keep saying that we are fast-tracking the process on the ratification of the WIPO Treaty, but this has been a 6 year process and the way things are going now, this could be dealt with in the Fall of 2005. I don’t consider this fast-tracking the process at all. This is the reason why we have asked interest groups to help us get the process kick started by providing us with a draft legislation.

Ans: The problem is that M. Robinson’s (representing the Canadian Recording Industry) draft legislation will deal with rights without balancing fair use. We feel that our point of view will not be represented.

Lincold (Lib):
· You can also provide a draft if you like. We will consider
M. Robinson’s draft recommendation but it will not be adopted as such without review.

Ans: Thank you, in that case we will also provide a draft.

Note: Source: CIPPIC. Special thanks to Christian Villeneuve for his assistance.