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

Glenn Gould, CBC, Toronto by Chris Beckett (CC BY-NC-ND 2.0) https://flic.kr/p/LoHFA1

Global Music Lobby Groups Hit Ottawa in Blitz Over Copyright Term Extension

Global groups such as the International Confederation of Music Publishers and the U.S. National Music Publishers Association came to Ottawa this week to lobby the government to extend the term of copyright beyond the Berne Convention standard of life of the author plus an additional 50 years. The lobbying effort kicked off with a Hill Times piece, followed by an evening wine and dine event with politicians, a panel from the supposedly progressive Pearson Centre for Progressive Policy, and then yet more lobbying with Canadian music lobby groups. The lobbying campaign comes on the heels of the controversial 2015 copyright extension of sound recordings, which some groups used to sow confusion about the term of protection for sound recordings (from 50 to 70 years) with the term of protection for the composition or written work (frequently longer at life plus 50 years).

Read more ›

November 8, 2017 1 comment News
DSC_7422 by Leadnow (CC BY-SA 2.0) https://flic.kr/p/NsCasz

The TPP is Back: My Submission on the Canadian Government’s TPP11 Consultation

The Trans Pacific Partnership, once left for dead after U.S. President Donald Trump withdrew from the agreement, is back with negotiations on a TPP11 (the original agreement featured 12 countries) set to resume next week. With reports indicating that dozens of provisions may be suspended, the Canadian government just concluded a public consultation on the issue.  My full submission is posted below.  It expresses concern with the lack of TPP transparency and provides comments on five substantive areas: dispute settlement, copyright, patents, e-commerce/digital trade, and culture.

Read more ›

November 2, 2017 1 comment News
jonhz_2017-Oct-30 by Jonathan Hernández  https://twitter.com/jonhz/status/925127995211370496

NAFTA and the Digital Environment: My Keynote on Striking a Fair Balance on Copyright and Digital Policy

Earlier this week, I had the opportunity to deliver a keynote lecture at American University, Washington College of Law on NAFTA and the digital environment. A video of the talk can be found here (my remarks start just after 11:40) and is embedded below.

Read more ›

November 1, 2017 0 comments Keynote Speaking, News, Video
canadian money is pretty by Robert Anthony Provost (CC BY 2.0) https://flic.kr/p/3jV8UB

Access Copyright Calls for Massive Expansion of Damage Awards of Up To Ten Times Royalties

The Canadian government’s consultation on reform to the Copyright Board recently closed and the 60 written responses were just posted online (my response – which focuses on the public interest role of the Board – can be found here). I will have a more fulsome review of the responses in the weeks ahead, but in the meantime one of the most radical recommendations, from Access Copyright, is worthy of comment. The copyright collective has called for a massive expansion of damage awards, seeking a new statutory damages provision that could result in damage awards ten times the size of actual applicable royalties.

Read more ›

October 30, 2017 2 comments News
Shipments from Amazon by Public.Resource.Org (CC BY 2.0) https://flic.kr/p/7tayh5

The Government’s Role in E-commerce: My Appearance Before the Standing Committee on International Trade

On the same day that I wrote about the overwhelming volume of hearings, notices, and consultations on digital policy, I also appeared before the House of Commons Standing Committee on International Trade to discuss the role of government policy in fostering the growth of e-commerce. The panel included eBay Canada’s Andrea Stairs (who argued for an increase in the de minimis threshold for consumer imports) and Peter Simons, the CEO of the Simons department store chain (who argued for no de minimis and the application of sales taxes on all purchases regardless of the size or location of the seller). My opening remarks centered on five areas for government action on e-commerce: access to affordable broadband, fostering consumer trust, intermediary liability, intellectual property, and e-commerce in trade agreements.

Read more ›

October 27, 2017 1 comment Committees, News