U.S. Ambassador to Canada David Wilkins gave a lengthy interview following the SPP meeting this week that is available as an MP3 file. Wilkins says that there was a general discussion on copyright and that the U.S. continues to advocate for a "stronger copyright law" but that there were no […]
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Is Prentice’s Copyright Bill Born in the U.S.A.?
The Hill Times runs a special op-ed (HT version, homepage version) in which I note that while the influence of the U.S. government in crafting a Canadian version of the U.S. Digital Millennium Copyright Act has been a recurring theme, what has gone largely unnoticed is the role that some Canadian lobby groups have played in quietly encouraging the U.S. to step up the pressure. Indeed, according to documents recently obtained under the Access to Information Act, last spring Canadian Recording Industry Association President Graham Henderson met with Wilkins' counterpart – Canada's Ambassador to the United States Michael Wilson – to encourage him to pressure both governments to prioritize U.S. style copyright reforms.
Is Prentice’s Copyright Bill Born in the U.S.A.?
Appeared in the Hill Times on February 4, 2008 as Is Prentice's Copyright Bill Born in the USA? With Industry Minister Jim Prentice preparing to unveil his controversial copyright bill, there has been considerable speculation about the role that the U.S. government has played in pressuring Canada to move on […]
The Letters of The Law: The Year in Law and Technology from A to Z
While I was away last week, the Toronto Star published my annual A to Z review of the year in law and technology (Toronto Star version, Tyee version, homepage version). From Access Copyright to Zeke's Gallery, there was rarely a dull moment in 2007.
The Canadian DMCA’s Talking Points
While some attendees were disappointed that Industry Minister Jim Prentice was not more responsive to the copyright questions posed at this weekend's open house, I found the comments very insightful since they provide a roadmap for how Prentice is likely to justify tomorrow's introduction of a Canadian DMCA. I expect that the launch will include some well co-ordinated laudatory comments from groups like CRIA and the CMPDA, yet the Minister is likely to focus on four points to justify his "framework legislation":
1. Canada Needs This Legislation To Meet Its International Treaty Obligations. This is a reference to the World Intellectual Property Organization's Internet Treaties that Canada signed in 1997 but has not yet implemented or ratified. While this is a bit rich coming from a government that has ratified Kyoto but not done much of anything to meet its obligations, there are two points worth making in response. First, signing a treaty is not the same as ratifying (just ask the U.S. which is one of only two countries in the world to have signed the U.N. Convention on the Rights of the Child but not ratified it) – Canada is not offside on its international obligations on copyright because it has yet to act on the WIPO Treaties. Second, there is great flexibility on how a country chooses to implement those treaties. It is simply not enough to claim that Canada has no choice. We do. We can meet the treaty standards and still protect fair dealing, privacy, consumer, and education interests. It is Prentice's choice not to do so.
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