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TPP protest at Washington, D.C, Chamber of Commerce by Vision Planet Media (CC BY-NC-ND 2.0) https://flic.kr/p/Ayc5Qd

The Trouble with the TPP, Day 1: U.S. Blocks Balancing Objectives

The debate over the merits of the Trans Pacific Partnership is likely to play out in Canada and other TPP countries throughout 2016. While it seems likely that the treaty will be signed in early February (February 4th is the earliest possible date for the U.S. to sign), decisions on whether to ratify the agreement will extend into 2017 and beyond. I’ve already posted some thoughts on the TPP’s digital policy implications (and spoken about the issue in this speech and on this panel) but wanted to expand on the trouble with the TPP in more detail. With that goal in mind, I plan to post each weekday until February 4th on problems associated with the TPP. The series will include posts on copyright, privacy, Internet governance, and many other issues.

The Trouble with the TPP series starts with the slimmed down objectives of the intellectual property chapter. Leaked versions of earlier drafts shows that most TPP countries (including Canada) were supportive of expanded objectives that emphasized balance, the public domain, and timely access to affordable medicines. The full objectives provision, supported in full or in principle by New Zealand, Chile, Peru, Vietnam, Brunei, Malaysia, Singapore, Canada, and Mexico stated:

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January 4, 2016 16 comments News
Beatles Vinyl by Erwin Bernal (CC BY 2.0) https://flic.kr/p/axnRZ4

Competition Tribunal Gives Go Ahead for Price Maintenance Claim Against Music Industry Giants

The Competition Tribunal has granted leave to Stargrove Entertainment, the Canadian music label that has published public domain recordings from the artists such as the Beatles, to pursue a Competition Tribunal complaint against some of the giants of the music industry. The complaint targets the Canadian Music Reproduction Rights Agency (CMRRA), Universal Music, Sony Music, and several music publishers. I wrote earlier about Stargrove’s complaint and noted the backroom lobbying campaign that succeeded in obtaining a copyright term extension in Canada for sound recordings.

Despite strong opposition from the music industry, the Tribunal granted leave to pursue a complaint of price maintenance in violation of the Competition Act. The Tribunal concluded:

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December 15, 2015 8 comments News
https://www.youtube.com/watch?v=4YgQuoOV6tg

Technology and the TPP: A Panel Discussion

Last month, the University of Ottawa hosted a standing room only panel on technology and the TPP featuring Burcu Kilic, Carolina Rossini, Jeremy deBeer, Tamir Israel and myself. The panel was moderated by Loris Mirella, the lead IP negotiator on the TPP for the Canadian government. A full video of the event is posted below.

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December 11, 2015 6 comments News
failcampmtl 2014 - 142 by Eva Blue (CC BY 2.0) https://flic.kr/p/kpgE4F

What Canadian Heritage Officials Didn’t Tell Minister Mélanie Joly About Copyright

Last week, Canadian Heritage posted the Ministerial briefing book that officials used to bring new minister Mélanie Joly up-to-speed on the issues in her portfolio. The proactive release is a great step toward further transparency. While the mandate letter from the Prime Minister provides insight into government policy priorities, the briefing book sheds light on what department officials view as priorities and how they frame key issues.

The copyright presentation is particularly revealing since it presents Minister Joly with a version of Canadian copyright lacking in balance in which “exceptions are always subject to certain conditions” but references to similar limitations on rights themselves are hard to find.  Department officials present a frightening vision of emerging copyright issues, pointing to mandated Internet provider blocking, targeting copyright infringement that occurs on virtual private networks, and “hybrid” legal/illegal services that may be a reference to Canadians accessing U.S. Netflix. The suggestion that Canadian Heritage officials have identified site blocking or legal prohibitions on VPN or U.S. Netflix usage as emerging copyright issues should set off alarm bells well in advance of the 2017 copyright reform process.

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November 30, 2015 16 comments News
The Control Room by Jonathan (CC BY-NC-ND 2.0) https://flic.kr/p/9sVNfe

Why the Supreme Court’s Endorsement of Technological Neutrality in Copyright May Be Anti-Technology

The Supreme Court of Canada issued its long-awaited decision in SODRAC v. CBC today, a case that has major implications for the role of technological neutrality in copyright. As I noted when it was argued before the court, though the case was about whether CBC should be required to pay royalties for incidental copies necessary to use new broadcast technologies, at stake was something far bigger: the future of technological neutrality under Canadian copyright law.  The case offers wins and losses for both users and creators, but the manner in which the court strongly affirmed the principle of technological neutrality runs the risk of actually undermining technological adoption.

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November 26, 2015 6 comments News