The Canadian government and other TPP partners released the text of most of the CPTPP yesterday. The release contained few surprises as the TPP remains intact and a new annex identifies the suspended provisions. The list of suspended provisions was revealed several months ago and is particularly notable for the suspension of IP provisions such as copyright term extension, patent term adjustment, technological protection measures, biologics protection, and Internet safe harbour rules.
Post Tagged with: "Culture"
Canadian Copyright Diplomacy: My Appearance before the Senate Standing Committee on Foreign Affairs
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.
Canada Successfully Stands Up For Balanced IP and Canadian Culture in TPP Deal
While the NAFTA negotiations in Montreal were expected to be the lead trade story this week, the Trans Pacific Partnership talks in Tokyo have stolen the show with the remaining 11 countries reaching agreement on a deal that is likely to be signed in March. Canada faced intense criticism last year from some TPP partners (particularly Japan and Australia) over its demands to address concerns with the agreement. That sparked some Canadian business groups to quickly call on the government to simply cave in order to conclude a deal. Global Affairs Minister Chrystia Freeland and International Trade Minister François-Philippe Champagne rightly argued that capitulation is not a negotiating strategy and they now come away with an improved (albeit still flawed) agreement.
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.
Joly’s Challenge: Digital Cancon Without New Digital Tax Dollars
After months of public consultation and debate, Canadian Heritage Minister Mélanie Joly will unveil the government’s plan for Canadian content in a digital world this week. Joly launched the digital Cancon consultation in the spring of 2016 by emphasizing that all policy options were on the table, but the choices have narrowed considerably in recent months.
My Globe and Mail op-ed notes that a potential Netflix tax was a non-starter due to a 2015 election campaign commitment, Prime Minister Justin Trudeau eliminated the possibility of an Internet tax in June, and the government has steadfastly (and rightly) defended net neutrality, meaning there will be no mandated prioritization of Canadian content on the Internet.
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