The ratification of the Canada – US- Mexico Trade Agreement has captured considerable attention with several committees studying Bill C-4, the bill aimed at ratifying the deal. Over the past month, I’ve had the opportunity to appear before two of those committees – the House of Commons Standing Committee on International Trade and on Industry, Science and Technology – where I discussed the digital law and policy implications the agreement. This week’s podcast features excerpts from those appearances, including my opening statement and the ensuing discussion with several MPs on copyright term extension, cultural policy, and privacy.
Post Tagged with: "cusma"
The LawBytes Podcast, Episode 42: What Does the Canada-US-Mexico Trade Agreement Mean for Digital Policy?
The CUSMA Culture Poison Pill: Why the Broadcast Panel Report Could Lead to Millions in Tariff Retaliation
As Parliament continues its review of legislation designed to implement the Canada-U.S.-Mexico Trade Agreement (CUSMA), I have had the honour to appear before both the International Trade and Industry, Science and Technology committees to discuss the digital implications of the trade agreement. While Members of Parliament have expressed concern with copyright term extension that could cost millions of dollars and restrictions on future privacy safeguards, the issue that has sparked the greatest surprise arises from a provision frequently promoted as a “win” during the negotiations.
My Globe and Mail op-ed notes that the inclusion of a cultural exemption was viewed as an important policy objective for the government, with Prime Minister Justin Trudeau insisting “defending that cultural exemption is something fundamental to Canadians.” The USMCA does, indeed, feature a broad cultural exemption that covers a wide range of sectors. The exemption means that commitments such as equal treatment for U.S., Mexican and Canadian companies may be limited within the cultural sector.
The CUSMA Cost: My Appearances Before the Standing Committees on International Trade and Industry, Science and Technology
Over the past month, I’ve had the opportunity to appear before two House of Commons committees – International Trade and Industry, Science and Technology – to discuss the digital law and policy implications of the Canada-U.S.-Mexico Trade Agreement. My opening remarks were nearly identical and focused on four issues: copyright term extension, the cultural exemption, privacy and data protection, and Internet platform liability. The Standing Committee on International Trade yesterday released its report on Bill C-4, the bill implementing CUSMA, with no changes, meaning that lobbying pressure to immediately extend the term of copyright was rejected.
Earlier this week, the Standing Committee on Industry, Science and Technology began hearings on Bill C-4, the bill designed to implement the Canada-U.S.-Mexico Trade Agreement. I appeared before the committee to discuss digital issues (more on the appearance in an upcoming post), but just prior to my panel, the team of lead negotiators from Global Affairs took questions from Members of Parliament.
The questioning opened with a stunning exchange between Conservative MP Michelle Rempel Garner and chief negotiator Steve Verheul on the privacy analysis (or lack thereof) conducted by Canadian officials:
The LawBytes Podcast, Episode 40: “Copyright Term Extension is a Tax on Consumers” – Paul Heald on What Extending Copyright Term Could Mean for Canada
Copyright term extension has emerged as a major policy issue in Canada in recent months. Canada’s general copyright term is life of the author plus 50 years and successive governments have rejected lobbying pressure to extend by an additional 20 years. That changed with the new NAFTA, which includes a life plus 70 years requirement. Canada negotiated a 30 month transition period with no need to extend the copyright term during that time. The Canadian copyright review recommended that any extension include a registration requirement for the extra 20 years.
Paul Heald is a law professor at the University of Illinois, where he has led the world in conducting extensive empirical analysis on the effects of copyright term extension and the value of the public domain. His work has used some creative methods examining data on sites such as Amazon and Wikipedia to learn more about the effects of term extension. He joined me on the podcast to discuss his findings and new work he has been doing on the data in Canada.