Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
As the negotiations on the Trans Pacific Partnership continue in Hawaii, the Electronic Frontier Foundation has published a guest post I wrote on the implications of copyright term extension for Canada. The EFF has also launched a campaign urging Canadians to speak out on the issue. With Prime Minister Harper stating today that Canada “cannot be left out” of the TPP, it seems increasingly likely that the government will cave on copyright term extension in order to be part of the TPP.
The post states:
The Trans Pacific Partnership (TPP), a proposed trade agreement that encompasses nearly 40 per cent of world GDP, heads to Hawaii later this month for ministerial-level negotiations. According to media reports, this may be the final round of talks, with countries expected to address the remaining contentious issues with their “best offers” in the hope that an agreement can be reached. Canadian coverage of the TPP has centred primarily on U.S. demands for changes to longstanding agricultural market safeguards.
With a national election a few months away, my weekly technology law column (Toronto Star version, homepage version) notes the prospect of overhauling some of Canada’s biggest business sectors has politicians from all parties waffling on the agreement. Canadian International Trade Minister Ed Fast, who will lead the Canadian delegation, maintains that the government has not agreed to dismantle supply management protections and that it will only enter into an agreement if the deal is in the best interests of the country. The opposition parties are similarly hesitant to stake out positions on key issues, noting that they cannot judge the TPP until it is concluded and publicly released.
While the agricultural issues may dominate debate, it is only one unresolved issue of many. Indeed, the concerns associated with the agreement go far beyond the supply of products such as milk and chickens.
Last week, the Conservative party posted an offensive advertisement on YouTube and Facebook titled Justin Trudeau on ISIS. The ad starts with ISIS music and images of prisoners about be drowned or beheaded before running short edited clips from a 13 minute interview with Trudeau and the CBC’s Terry Milewski. The advertisement has rightly generated a backlash with questions about whether it violates Bill C-51′s prohibitions on terrorist propaganda. Conservative Party campaign spokesman Kory Teneycke argues that it is little different than newscasts involving ISIS, but watching the combination of music and imagery, it clearly goes well beyond conventional news reporting on ISIS. Indeed, even if it fall short of violating Bill C-51, the ad is in terrible taste, treating images of victims as mere props for political gain.
Beyond the C-51 issue, the CBC waded into the issue late on Friday, as Jennifer McGuire, the CBC News Editor-in-Chief, posted a blog indicating that the broadcaster has asked YouTube and Facebook to take down the ad. The ostensible reason? Copyright. The CBC has again raised the issue of re-use of news coverage in political advertising, claiming that it is determined to limit re-use since “our integrity as providers of serious, independent coverage of political parties and governments rests on this.” In light of this position, the CBC says its guiding principle is:
No one – no individual candidate or political party, and no government, corporation or NGO – may re-use our creative and copyrighted property without our permission. This includes our brands, our talent and our content.
The government’s gift to the recording industry wrapped up yesterday as Bill C-59 received royal assent and with it, the term of copyright for sound recordings was extended from 50 to 70 years. I’ve chronicled in detail how the extension of the copyright term without public consultation or discussion hurts Canadian consumers, reduces competition, and is a direct result of record label lobbying (surprise, cost to consumers, limited competition, reduced access to Canadian heritage, lobbying impact).
As an added bonus, groups have started to use the extension to argue that the government should also extend the term of copyright for authors from the current term of life plus an additional 50 years to life plus 70 years. Randy Bachman has an op-ed in the Globe and Mail today calling for a copyright term extension that must be read to be believed. The piece was not only a day late (he calls for the government to extend term in the same budget bill that already received royal assent), but contains some of the most absurd claims about copyright in recent memory.
SOCAN, Canada’s largest music copyright collective, released its annual report this week, reporting record revenues and a massive increase in earnings from Internet streaming services. SOCAN reports that copyright revenues from Internet streaming hit $21.3 million, a 525% increase over the $3.4 million generated in 2013. The huge increase in Internet streaming revenues in Canada points to why persistent criticism about Tariff 8, a Copyright Board tariff for Internet streaming misses the mark. As I pointed out last year, Tariff 8 is only part of a larger ecosystem of royalties paid for Internet music streaming.
Indeed, the fact that songwriters, composers, and music publishers are successfully generating new revenues from Internet music services has actually been a target of criticism by the Canadian Recording Industry Association, which has intervened in tariff proceedings involving SOCAN to argue that its tariff proposals are “grossly excessive.”