tpp why so secret? by Public Citizen (CC BY-NC-SA 2.0) https://flic.kr/p/daKbUD
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.
Canada’s business community has mobilized in recent weeks to call on the government to adopt a more aggressive, engaged approach with respect to the biggest trade negotiations on the planet – the Trans Pacific Partnership Agreement. The TPP involves 12 countries including the United States, Australia, Mexico, Malaysia, Singapore, New Zealand, Vietnam, Brunei, Japan, Peru, and Chile.
My weekly technology law column (Toronto Star version, homepage version) notes that negotiators insist that progress is being made, but some in the business community are concerned that Canada may be left out of the deal unless it makes significant concessions on market access (including the dismantling of supply management in several agricultural sectors), restrictive intellectual property protections, and investor-state dispute settlement rules that allow companies to sue governments and potentially trump national courts.
The Great Canadian Copyright Giveaway: Why Copyright Term Extension for Sound Recordings Could Cost Consumers Millions
Randy Bachman, the well-known Canadian musician, found himself embroiled in a public fight with Prime Minister Stephen Harper last year when Harper used his song “Takin’ Care of Business” as a theme song for a major speech. Bachman said he probably would not have granted permission to use the song, since “I don’t think he’s taking care of business for the right people or the right reasons.” Bachman was singing a different tune yesterday as the government released its budget and apparently took care of the right people – record companies. Despite no study, no public demands, and the potential cost to the public of millions of dollars, the government announced that it will extend the term of copyright for sound recordings and performances from 50 to 70 years. For that giveaway, Bachman was quoted as saying “thanks for the term extension PM Harper, you really are taking care of business.”
While the government lined up industry supporters to praise the term extension, the decision is unexpected and unnecessary (it also announced that it will accede to the Marrakesh copyright treaty for the blind, but that should not require significant domestic reforms). The music industry did not raise term extension as a key concern during either the 2012 copyright reform bill or the 2014 Canadian Heritage committee study on the industry. Experience elsewhere suggests that the extension is a windfall for record companies, with little benefit to artists or the public. In fact, many countries that have implemented the extension have been forced to do so through trade or political agreements, while signalling their opposition along the way.
Canada will extend term without any public discussion or consultation, yet other studies have found that retroactive extension does not lead to increased creation and that the optimal term length should enable performers and record labels to recoup their investment, not extend into near-unlimited terms to the detriment of the public. For Canadian consumers, the extension could cost millions of dollars as works that were scheduled to come into the public domain will now remain locked down for decades.
Last month, there were several Canadian media reports on how the work of Ian Fleming, the creator of James Bond, had entered the public domain. While this was oddly described as a “copyright quirk”, it was no quirk. The term of copyright in Canada is presently life of the author plus an additional 50 years, a term that meets the international standard set by the Berne Convention. The issue of extending the term of copyright was discussed during the 2009 national copyright consultation, but the government wisely decided against it. Further, the European Union initially demanded that Canada extend the term of copyright in the Canada – EU Trade Agreement, but that too was effectively rebuffed.
If new reports out of Japan are correct, however, Canada may have caved to U.S. pressure to extend copyright term. The U.S. extended its term to life plus 70 years in 1998 in response to demands from the Disney Corporation (Mickey was headed to the public domain) and has since pressured other countries to match. NHK reports that a deal on copyright term has been reached within the TPP with countries agreeing to a life plus 70 term. Alongside Japan, Malaysia, New Zealand, and Vietnam (the TPP countries that adhere to the Berne standard), it appears that Canada has dropped its opposition to the change.