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).
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Quebec Digital Sales Tax Bill Demonstrates the Complications That Come With Implementing a “Netflix Tax”
The public policy battle over a digital sales tax to cover services such as Netflix continues in Canada with the introduction last week of a Quebec private members bill that would require the collection and remission of provincial sales tax by “persons with a significant online presence.” I’ve already written extensively about the longstanding policy work on digital sales taxes, the misleading claims about a level playing field, and how Canadian subscribers can pay the sales tax on Netflix today if they so choose. While there is an inevitably about digital sales taxes – it will come once global standards are sorted out – some still want the tax now without much regard for the challenges of implementation.
Canadian Heritage Minister Joly Hints Many Cultural Groups Don’t Comply With Lobbyist Reporting Rules
Canadian Heritage Minister Melanie Joly appeared before the Standing Committee on Canadian Heritage yesterday, facing questions from MPs on a range of digital culture issues. In light of reports this week on lobbying efforts by Internet companies, Joly was asked about meetings with companies such as Google. Joly defended her interactions by noting that the meetings included discussions on Canadian content and emphasizing that she has had hundreds of meetings with cultural groups. That isn’t particularly surprising, but what should raise concerns was her suggestion that the groups rarely register the meetings in the lobbyist registry as required by law.
Joly told the committee:
the reality is that it’s very rare that the cultural sector registers with lobbyists. I’ve had many more contacts with the cultural sector. I’ve had tens, hundreds of meetings with them throughout the country, in French or in English…I’ve had many more meetings with them than the platforms.
U.S. Judge Rules Canadian Court Order “Threatens Free Speech on the Global Internet”
A U.S. federal court has issued a preliminary injunction blocking enforcement of a Canadian court order requiring Google to remove search results on a global basis. Google filed suit in U.S. court in the aftermath of a Supreme Court of Canada decision upholding a B.C. court’s global takedown order. The Supreme Court decision noted that it was open to Google to raise potential conflict of laws with the B.C. court in the hopes of varying the order:
If Google has evidence that complying with such an injunction would require it to violate the laws of another jurisdiction, including interfering with freedom of expression, it is always free to apply to the British Columbia courts to vary the interlocutory order accordingly.
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.
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