Reality check: Heritage Minister attacks legislation that could keep him out of jail

Yesterday in Question Period, Minister of Canadian Heritage James Moore showed just how disconnected he is from his own iPod, and those he purports to represent: Canada’s artistic creators.

In response to a question by a government MP, Minister Moore resorted to baseless falsehoods to attack Bill C-499, legislation introduced by NDP MP Charlie Angus which seeks to modernize the successful Private Copying Levy regime so it applies to the current generation of digital copying devices. Mr. Angus also introduced a motion on “fair dealing” that would protect the reasonable use of copyrighted materials for innovation, research, and study.

“Mr. Speaker, the NDP … [has] proposed legislation that would impose a massive new tax on Canadians. The last time an iPod tax was put forward it was up to $75 per iPod, a massive tax on consumers.” – James Moore, Hansard, March 17, 2010.

Reality Check:

• Mr. Angus’s legislation supports no such tax, it calls for a mechanism to fairly compensate artistic creators for their work, as defined by a 2005 Federal Court decision which estimated a levy of approximately $2 per device.
• If Mr. Moore is so opposed to such levies, why does his government continue to support the 1997 Private Copying Levy which compensates artists for material recorded to old fashioned tapes and CDs?
• Last year Mr. Moore admitted he “watches more television on my iPod than I do on an actual conventional television set or through my personal video recorder” (Canwest News, May 10, 2009). Under his own government’s proposed copyright legislation, Bill C-61, this would be illegal, making Minister Moore liable to punitive fines and jail time. Why is Mr. Moore opposed to legislation that would actually legalize his own use of digital material?

James Moore is free to position himself on the wrong side of Canadian consumers and artists, but here’s what others have to say about Charlie Angus’s Bill:

• “This approach is precisely what thousands of Canadians supported during last summer's copyright consultation. It strikes the right balance - it's fair dealing, not free dealing - and it is based on current Canadian jurisprudence. Greater fair dealing flexibility benefits creators, innovators, educators, and the broader public. The motion deserves strong support from all parties.” –Michael Geist, March 16, 2010;
• "Bill C-499 brings much-needed balance to our out-of-date copyright laws. It allows Canadians to enjoy music when and how they want while ensuring that artists get paid regardless of how technology develops.” – Stephen Waddell, ACTRA National Executive Director, March 16, 2010
• "The private copying levy has put over $180 million in the pockets of over 97,000 composers, musicians and other rights holders. But with very few people still using audio cassettes and blank CDs, the money flowing to artists from the levy is heading for extinction. Without this important change to the private copying levy, many recording musicians and writers will not be able to continue their careers.” – Bill Skolnik, Vice President from Canada, American Federation of Musicians (AFM), March 16, 2010