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Bill C-32 (40th Parliament, 3rd Session) committee  Thank you very much for the question, Mr. Braid. Certainly, ISPs under the act would be obligated to receive notices from rights holders that there's infringement activity and to pass those notices on to the subscriber in question without identifying the subscriber or violating the privacy rights.

February 3rd, 2011Committee meeting

Jay Kerr-Wilson

Bill C-32 (40th Parliament, 3rd Session) committee  If I may, I would just say that the only loss that will result--if we're talking about the radio station ephemeral--would be if no radio station keeps any copies longer than 30 days. The existing provision only covers copies for 30 days. On the 31st day, they can't rely on the exception; they need to do something else.

February 3rd, 2011Committee meeting

Jay Kerr-Wilson

Bill C-32 (40th Parliament, 3rd Session) committee  But I also don't think we should--

February 3rd, 2011Committee meeting

Jay Kerr-Wilson

Bill C-32 (40th Parliament, 3rd Session) committee  Certainly, on behalf of the BCBC members, we think it's absolutely fundamental that the rules have to be established that create the framework for all Canadians to move forward into the digital economy, whether it's creators, distributors, or consumers. We encourage Parliament to work together, the parties to work together, to get the bill passed this time.

February 3rd, 2011Committee meeting

Jay Kerr-Wilson

February 3rd, 2011Committee meeting

Jay Kerr-Wilson

Bill C-32 (40th Parliament, 3rd Session) committee  We may need to rebrand. But we have submitted to the committee a copy of the licence that online music services such as iTunes are required to pay to authors and publishers in order to make copies. And we've highlighted on the first page of the levy the part that says, “(1) This tariff”, which is a payment to rights holders from online music services, “entitles an online music service and its...distributors (c) to authorize consumers in Canada to further reproduce the musical work for their own private use”.

February 3rd, 2011Committee meeting

Jay Kerr-Wilson

Bill C-32 (40th Parliament, 3rd Session) committee  Yes, Mr. Angus, I agree. And I'm glad you asked the question because I think it also will address Madam Lavallée's question. When she was talking about time shifting, I misunderstood and thought it was about the recording of television programs. I think she was talking about the ephemeral as well.

February 3rd, 2011Committee meeting

Jay Kerr-Wilson

Bill C-32 (40th Parliament, 3rd Session) committee  Thank you very much, Madam Lavallée. I'll answer in English, if that's okay, just so I can make myself better understood. I would respond in a couple of ways. First of all, the act, as it exists now and as it would be amended by the bill, creates the same rules for everybody. So whether you're a large corporate rights holder or a small individual creator, the same rules apply to everybody.

February 3rd, 2011Committee meeting

Jay Kerr-Wilson

Bill C-32 (40th Parliament, 3rd Session) committee  The coalition has not taken a position on the statutory damages, so I will turn it over to our friends.

February 3rd, 2011Committee meeting

Jay Kerr-Wilson

Bill C-32 (40th Parliament, 3rd Session) committee  Thank you very much, Mr. Garneau. The coalition's position is the same as the one you just articulated. We support protection for digital locks and we support prohibiting breaking the digital locks for an infringing purpose. But we also believe that digital locks should not prevent consumers from making legitimate uses of content they have legitimately acquired.

February 3rd, 2011Committee meeting

Jay Kerr-Wilson

Bill C-32 (40th Parliament, 3rd Session) committee  Technically you can either move the user-generated content exception into the section 29 general fair dealing provision or you could simply make reference to fair use in the provision as it's drafted now. I think you want to keep the conditions in there now that talk about the effect of the mashup on the market for individual work.

February 3rd, 2011Committee meeting

Jay Kerr-Wilson

Bill C-32 (40th Parliament, 3rd Session) committee  Thank you very much, Mr. Chairman and members of the committee. My name is Jay Kerr-Wilson, and I am here today on behalf of the members of the Business Coalition for Balanced Copyright. Thank you very much for giving us the opportunity to present our views on Bill C-32. The members of the coalition include individual companies and trade associations representing a broad spectrum of the communications, technology, broadcasting, retail, and Internet industries.

February 3rd, 2011Committee meeting

Jay Kerr-Wilson