Economic evidence indicates that the length of protection for copyright works already far exceeds the incentives required to invest in new works. Boldrin and Levine estimate that the optimal length of copyright is at most seven years. Posner and Landes, eminent legal economists in the field, argue that the extra incentives to create as a result of term extension are likely to be very small beyond a term of 25 years. Furthermore, it is not clear that extending term from 50 years to 70 or 95 years would remedy the unequal treatment of performers and producers from composers, who benefit from life plus 70 years protection. This is because it is not clear that extension of term would benefit musicians and performers very much in practice. The CIPIL report that the Review commissioned states that: â€œmost people seem to assume that any extended term would go to record companies rather than performers: either because the record company already owns the copyright or because the performer will, as a standard term of a recording agreement, have purported to assign any extended term that might be created to the copyright holderâ€.
Despite the evidence, the term of sound recordings was extended in the UK last year. Canada has thus far been spared a lengthy debate over the issue since a similar extension clearly holds little benefit to Canadians with the overwhelming majority of incremental revenues going to U.S. record labels.
Once again, now is the opportunity to help preserve the public domain in Canada by speaking out against TPP copyright provisions that would extend the term of copyright for both written works and sound recordings. The consultation is open until February 14, 2012. All it takes a single email with your name, address, and comments on the issue. The email can be sent to firstname.lastname@example.org. Alternatively, submissions can be sent by fax (613-944-3489) or mail (Trade Negotiations Consultations (TPP), Foreign Affairs and International Trade Canada, Trade Policy and Negotiations Division II (TPW), Lester B. Pearson Building, 125 Sussex Drive, Ottawa, Ontario K1A 0G2).