After years of rejecting copyright term extension beyond the international law standard of life of the author plus 50 years, the Canadian government caved to pressure from the United States by agreeing to the equivalent of life of the author plus 70 years in the U.S.-Canada-Mexico Trade Agreement (USMCA). As part of that agreement, Canada obtained a 30 month transition period that would allow for consultation on how to implement the copyright term obligation. That consultation was launched late yesterday, with the two departments responsible for copyright – ISED and Canadian Heritage – launching the consultation and a consultation document. The consultation period is very short with responses due by March 12, 2021. The department says that all responses will be made available online once the consultation is concluded.
Post Tagged with: "term extension"
Afraid to Lead: Canadian Government Launches Timid Consultation on Implementing Copyright Term Extension
Conservative MP Dan Albas on Copyright Term Extension in USMCA: Government Needs to Mitigate Damage to Copyright Law
The House of Commons has been debating Bill C-4, the implementation bill for the US-Canada-Mexico (USMCA) Trade Agreement. The copyright term extension has begun to attract attention. Green MP Paul Manly called it an “unnecessary change” and Conservative MP Dan Albas, who participated in the copyright review, used his time to make a strong case against extension. Albas’ comments are a must-read as he warns of the danger of term extension, welcomes the chance to mitigate the harm, and encourages the government to use the copyright review as its road map for the issue:
Making the Best of a Bad Provision: Why Canada Should Work Toward a Copyright Term Extension Registration Requirement
The agreement on a revised Canada-US-Mexico Trade Agreement this week featured both good news and bad news. Among the positive changes in the revised agreement is the significant changes to the patent provisions, including the elimination of the ten years of protection for biologics. That provision would have required changes to Canadian law and added significant new costs to pharmaceuticals. Moreover, the retention of the Internet safe harbour provision is a win for freedom of expression in Canada as it will help ensure that free speech is not lost in the current rush to regulate Internet platforms.
On the downside, many of the problematic digital trade provisions remain unchanged (they can also be found in the CPTPP so their inclusion does not change much) as does the requirement for a copyright term extension to life of the author plus 70 years. The additional 20 years of protection beyond the international standard found in the Berne Convention will be costly for Canadians with little discernible benefit.
The Authoritative Canadian Copyright Review: Industry Committee Issues Balanced, Forward-Looking Report on the Future of Canadian Copyright Law
In December 2017, the government launched its copyright review with a Parliamentary motion to send the review to the Standing Committee on Industry, Science and Technology. After months of study and hundreds of witnesses and briefs, the committee released the authoritative review with 36 recommendations that include expanding fair dealing, a rejection of a site blocking system, and a rejection of proposals to exclude education from fair dealing where a licence is otherwise available. The report represents a near-total repudiation of the one-sided Canadian Heritage report that was tasked with studying remuneration models to assist the actual copyright review. While virtually all stakeholders will find aspects they agree or disagree with, that is the hallmark of a more balanced approach to copyright reform.
Bryan Adams Warns Canadian Heritage Committee on Copyright Term Extension: Enriches Large Intermediaries, Not Creators
Canadian artist Bryan Adams captured headlines earlier this year when he appeared before the Standing Committee on Canadian Heritage and urged reform to the reversion provision that seeks to remedy the bargaining imbalance between creators and music labels/publishers by reverting the rights many years later. Adams noted that creators never experience the benefit of reversion since it applies decades after their death. Instead, he proposed a 25 year reversion rule, which he argued was plenty of time for copyright to be exploited by an assignee.