Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

Ich glotz TV. by Christian (CC BY-NC-ND 2.0) https://flic.kr/p/aNQPMH

Digital Cancon, the Sequel: CRTC Broadcast Consult Sparks Demands for Everything from Internet and iPod Taxes to Website Blocking to Abandoning Net Neutrality

Canadians could be forgiven for thinking that the policies associated Cancon in a digital world largely wrapped up with the release of the government’s policy in September. Canadian Heritage Minister Melanie Joly spent months crisscrossing the country, meeting with hundreds of stakeholders, and ultimately delivering a high profile policy that featured the much-debated Netflix commitment alongside various plans to support the sector. While Joly also promised reviews of the Broadcasting Act, Telecommunications Act, and Copyright Act, she puzzlingly re-opened the very issue she had just decided by issuing an Order-in-Council to the CRTC to examine (yet again) policies associated with broadcasting.

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December 6, 2017 6 comments News
▇▇▇▇ [1113] by Brian J. Matis (CC BY-NC-SA 2.0) https://flic.kr/p/bfa2dF

Bell Leads on Radical Proposal for CRTC-Backed Mandatory Website Blocking System

Canadaland reports today that Bell is leading a coalition that plans to file a proposal with the CRTC that would lead to the creation a mandatory website blocking system in Canada. The unprecedented proposal, which includes the creation of a new “Internet Piracy Review Agency”, envisions the creation of mandatory block lists without judicial review to be enforced by the CRTC. As a result, the companies (reportedly including Rogers and Cineplex) envision sweeping new Internet regulations with the CRTC ultimately charged with enforcing site blocking by every Internet provider in Canada. I reviewed the proposal in order to provide comments to the Canadaland.

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December 4, 2017 24 comments News
Foreign Minister Freeland, U.S. Trade Representative Lighthizer and Mexican Ministry of Economy Guajardo Participate in the Fourth Round of NAFTA Negotiations by U.S. Department of State, United States government work https://flic.kr/p/Zyj1pK

NAFTA and the Digital Environment: My CIGI Global Forum Lecture

Last week I delivered the CIGI Global Forum lecture in Ottawa on NAFTA and the Digital Environment. The lecture draws on some of my work for CIGI (NAFTA, Innovation) and makes the case that NAFTA negotiations are a problematic place for digital copyright reform, noting the lack of transparency, lost flexibility, and inability to strike a critical policy balance. Given that the issues are seemingly unavoidable in NAFTA, the lecture then highlights the preferred approach (relying on international treaty standards) and identifies many of the most important issues up for discussion including copyright term, fair dealing, intermediary liability and digital issues such as net neutrality and data localization. A video of the talk is embedded below.

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November 29, 2017 1 comment News
Santeri Viinamäki [CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0)], via Wikimedia Commons

Music Canada Data Confirms Huge Increase in Streaming Revenues and Sharp Decline of Music Listening from Pirated Sources

Music Canada released a report on the so-called Value Gap last month which serves as the basis for its lobbying campaign for copyright reform in Canada. The industry lobby group has used the value gap rhetoric primarily as an argument to undo safe harbours for Internet intermediaries. As I noted earlier this year, the argument is poor fit in Canada. First, Canada has experienced massive growth of Internet streaming revenues, with the Canadian music market outpacing global competitors by almost any metric and revenues going to both the industry and creators.

Yesterday I posted on SOCAN generating a 10X increase in Internet streaming revenues with growth rates of over 100 per cent over the past year for songwriters, composers, and music publishers. The industry numbers from Music Canada and IFPI tell a similar story. According to industry data, the Canadian music market is growing much faster than the world average (12.8 per cent in 2016 vs. 5.9 per cent globally), streaming revenues more than doubled last year to US$127.9 million (up from US$49.82 million) growing far faster than the world average of 60.4 per cent, the Canadian digital share of revenues of 63 per cent is far above the global average of 50 per cent, and Canada has leaped past Australia to become the 6th largest music market in the world. In fact, as the chart below indicates, the growth of streaming revenues in Canada since the 2012 copyright reforms has increased significantly year-after-year with growth rates for the industry and collectives mirroring each other.

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November 22, 2017 5 comments News
music-on-your-smartphone by Photo Mix CC0 Creative Commons https://pixabay.com/p-1796117

SOCAN Financial Data Highlights How Internet Music Streaming is Paying Off for Creators

Music industry lobby groups may frequently seek to equate the Internet with lost revenues, but an examination of financial data from one of Canada’s largest music copyright collectives demonstrates massive growth in earnings arising from Internet streaming including major services such as Youtube and Apple Music. While many collectives do not publicly disclose their revenues, SOCAN, which represents composers, songwriters, and music publishers, provides a detailed breakdown of revenues and distributions in its annual report.

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November 21, 2017 5 comments News