The initial Canadian press coverage on the conclusion of the Trans Pacific Partnership negotiations has unsurprisingly focused on the dairy sector, with word that the government plans to effectively create a milk tax by transferring billions of dollars to dairy farmers without any evidence of loss. Lost in the coverage are the copyright and privacy implications of the deal. From a copyright perspective, it is notable that the Canadian government has sought to downplay the TPP, releasing a summary that suggests that it is consistent with current law. The government’s description of the copyright provisions in the TPP state:
News
TPP Negotiations Conclude: What Next for the Trade Deal Without a Public Text?
The Trans Pacific Partnership negotiations concluded early this morning in Atlanta with the 12 countries reaching agreement on the remaining outstanding issues. The U.S. quickly posted a summary of the TPP and the Canadian government has followed with its own package on the deal. At a just-concluded ministerial press conference, the ministers noted that this is one step in a longer process. The text itself must still be finalized and then each country will have its own rules before signing onto it. In the U.S., there is a review period with the full text, so this will be a 2016 issue. In Canada, new treaties must be tabled for review in the House of Commons, so there will be a Parliamentary review.
With the election only two weeks away, that means that there will be no text to review before the national vote. Instead, Canadians will face a barrage of TPP claims:
The TPP End Game and the Canadian Election
Negotiations aimed at concluding the Trans Pacific Partnership are underway in Atlanta with plenty of signs that the various countries are prepared to compromise in order to reach a deal when the ministers (including Canadian International Trade Minister Ed Fast) arrive toward the end of the week. Canada has already caved on most intellectual property issues (copyright term, etc.) and Prime Minister Harper recently signaled Canada’s willingness to cave on the issues related to the auto sector and the dairy industry. Meanwhile, Japan is said to be ready to compromise on rice and there is a proposal on biologics that may not change much, but could be enough to garner support from some Asian countries.
While I think there remain questions about whether a caretaker government can/should be committing to such significant changes (the New Zealand Minister of Trade noted that Canada is negotiating as if there is no election underway), the TPP is clearly viewed as a major political prize by the Conservatives in the midst of an election campaign. The usual suspects (Chamber of Commerce, Council of Chief Executives, etc.) presumably have their press releases and quotations of support for a done deal already submitted and even opponents in the auto sector are reportedly afraid to criticize the government.
CIRA’s Board Election Launches: Why I Need Your Vote
The Canadian Internet Registration Authority, the organization that manages the dot-ca domain, launched its annual board of director election earlier today. The week-long vote is open to all registered members (anyone with a dot-ca domain registration can become a registered member for free, but must have become a member before the start of the election in order to vote). I was voted onto the board in 2012 and have been nominated to serve as another term by the nominating committee. I need your support as I find myself on the ballot alongside some excellent candidates this year, including former CRTC Chair Konrad von Finckenstein, former Industry Canada executive Helen McDonald, community organizer Marita Moll, and current board members such as CNOC’s Bill Sandiford and Bill Gibson.
I hope that all dot-ca members will take the time to vote since the CIRA board plays an important role on a wide range of digital policy issues, including Internet governance. When I ran for the CIRA board in 2012, I made my primary goal very clear: CIRA generates considerable revenues, has a public interest mandate, and should actively engage the Canadian public in fulfillment of that mandate.
Canadian Music Industry Hit With Competition Complaint Over Public Domain Recordings
Earlier this year, I wrote about the secret campaign by major record labels and publishers to stop the release of public domain recordings, most notably Beatles records that outsold the offerings from major label records at retail giant Wal-Mart. The campaign included extensive lobbying for an extension in the term of copyright for sound recordings. The government included the extension in the April 2015 budget, with Prime Minister Stephen Harper writing personally to the Graham Henderson of Music Canada to inform him of the change. The reforms were a gift to the recording industry, with the result that Canadian consumers now face higher prices and less choice.
Stargrove Entertainment, the company behind the public domain Beatles releases, has found that the industry is still blocking attempts to bring works in the public domain to market. As a result, this week it filed a complaint with the Canadian Competition Tribunal, claiming that major record labels such as Universal Music and Sony Music, music publishers, and CMRRA are violating Canadian competition law by refusing to deal, engaging in illegal price maintenance, and exclusive dealing. The company is seeking an order requiring the companies to provide a mechanical licence so that it can continue to produce and sell public domain records. The complaint (CT-2015-009) should be posted on the Tribunal site shortly.
The complaint tells a fascinating behind-the-scenes tale, with the recording industry doing everything in its powers – including posting false reviews and pressuring distributors – to stop the sale of competing records. The complaint notably identifies Universal Music Canada as a key player in the alleged activities, including former President Randy Lennox, who last week jumped to Bell Media.
Recent Posts
Why the Verdict on Social Media Defective Design Harming Children Gets the Instinct Right But the Law Wrong 
Scoping in the Tech Giants: Bill C-22’s International Production Order and the Shift to a Less Privacy-Protective Cross-Border Disclosure System 
The Law Bytes Podcast, Episode 263: The Lawful Access Act Roundtable With David Fraser and Robert Diab 
When Writing About Antisemitism Proves the Point: What the Replies Reveal 
Acting on Antisemitism: If This Was Always Possible, Why Didn’t It Happen Sooner?
