Last week, I appeared before the Senate Standing Committee on Foreign Affairs as part of its study on the impact and utilization of culture and arts in foreign policy and diplomacy. I was asked to consider the impact of Canadian copyright in foreign diplomacy, leading to an interesting and engaging discussion that touched on everything from the changes to the IP provisions in the TPP to the legality of streaming services. My opening remarks, which emphasized the potential for Canada to engage in copyright diplomacy by serving as model for other countries, is posted below.
News
No Panic: Canadian TV and Film Production Posts Biggest Year Ever Raising Doubts About the Need for Site Blocking and Netflix Regulation
This year in digital and broadcast policy is likely to be dominated by two lobbying efforts: the radical website blocking plan proposed by the Bell coalition and the ongoing efforts from Canadian culture groups to impose new regulations on online video services such as Netflix. At the heart of both lobbying efforts are similar claims that seek to paint the Canadian cultural sector at risk of collapse without new regulations in the form of blocking or mandated contributions. Last week, the Canadian Media Production Association released Profile 2017, its annual report on the state of the industry. The latest report tells a remarkable success story. Far from the doom and gloom, the Canadian industry is achieving record growth, suggesting that website blocking and new Internet regulations are ill-advised solutions in search a problem.
Thousands Slam Bell Coalition’s Website Blocking Proposal in Submissions to the CRTC
If the Bell coalition’s website blocking proposal was designed to garner attention, it achieved its goal as the proposal attracted thousands of individual submissions to the CRTC within days of it being posted online. The massive response is overwhelmingly negative, however, with thousands of Canadians registering their objections to the proposal. I wrote about the site blocking plan in a Globe and Mail op-ed and discussed it in an interview with CBC’s As It Happens. I will have many more posts on why the radical proposal should be rejected in the days ahead.
Don’t Make the TPP Mistake Again: Why Canada Needs to Maintain a Progressive Approach on IP in NAFTA
The intellectual property chapter has not been a focal point of the NAFTA negotiations this week in Montreal, but the successful conclusion of the TPP11 (or CPTPP) serves as a reminder that it is likely to emerge as a contentious issue in the months ahead. The U.S. position on the NAFTA IP chapter is clear: it wants to replicate the original TPP IP chapter. Yet Canada now stands opposed to that chapter having backed the suspension of many of its provisions including copyright term extension, digital locks, notice-and-takedown, patent protections, biologics protections, and pharmaceutical plan rules. In fact, Prime Minister Justin Trudeau this week cited changes to the IP provisions as one example of how the government worked to make the TPP more progressive.
NAFTA Offers Chance for Much-Needed Internet Safe Harbour Rules in Canada
The NAFTA negotiations resume in Montreal this week with Internet liability emerging as an increasingly contentious issue. I was pleased to be part of a group of 55 Internet law experts and organizations that recently urged negotiators to include Internet safe harbour rules that promote freedom of expression in the agreement. The provision, which is already found in U.S. law, would lower barriers to startup online companies, advance free speech, and protect sites publishing consumer reviews.
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