Cultural products have value and their creators should have the right to reasonable compensation by those who use them. That’s the strongest message in Bill C-32, the Copyright Modernization Act, which was brought forward in June.

While Bill C-32 is imperfect as written, it presents an opportunity for frank and reasonable discussion on copyright reform, and for the passage of a modern and balanced law in Canada. Research shows that Canadian consumers will welcome rules to guide their understanding of what is fair and reasonable behaviour on the Internet, and what is not. A big challenge is finding the right balance between reasonable compensation to creators and fair use by consumers.

Most people accept that the person who creates a product or service should be able to determine how to distribute it to others, and to set the terms of that distribution. Some artists offer samples of their work to consumers for free, in order to increase their exposure. It’s akin to the “loss leader” tactic used by retailers when they offer products at or below cost—or even for free—to get you into their store. As a consumer, it is perfectly reasonable for you to accept that “free gift”. But if you went into that store and, instead of just taking the free offer, walked out with something else without paying, you would be stopped for shoplifting.

Unfortunately, when it comes to music, movies, and other cultural products, some people take creations that don’t belong to them and offer them to consumers on-line for free, without the artists’ consent. These so-called “pirates” seem to think nothing of taking artists’ investments of sweat equity, money, and creativity, without giving them anything in return. How would you respond if you were told to keep coming to work, but that you would no longer be paid? In all likelihood with two words: “I quit.”

Most artists don’t get into the music business for the money. A 2008 Pollara study found that Canadian artists take home just $16,500 a year on average from music, after expenses. That means many of them have to take on other jobs to make ends meet. Driven by the love of their art, they keep on creating music. But that doesn’t mean they shouldn’t get paid for what they do.

I believe that, at heart, Canadians are honest and law-abiding people. In a truly legitimate marketplace governed by reasonable rules, I am confident more of them will choose to buy, and not steal, the music they enjoy. That is why we need copyright reform, to shut down the pirate downloading sites and to encourage Canadians to buy.

This will make more money available to develop a wider array of legal options for distributing digital music along with digital films, books, and video games—to the benefit of consumers. Given the right rules, convenient legitimate options, and reasonable prices, Canadians will do the right thing. And they will happily support artists over pirates.

J.P. Ellson is a Regina lawyer who chairs the Canadian Council of Music Industry Associations that includes 10 provincial and territorial music industry associations from every province except Quebec, and from the Yukon. Ellson also serves as a member of the advisory board of Balanced Copyright for Canada.