Post Tagged with: "term extension"

Cooperation in the Pacific Rim by Jakob Polacsek, World Economic Forum (CC BY-NC-SA 2.0) https://www.flickr.com/photos/worldeconomicforum/48179628441

Canada Threatens to Delay Copyright Term Extension in Response to U.S. Electronic Vehicle Tax Credit Plan

Trade tensions between Canada and the U.S. have been rising in recent weeks with the U.S. Build Back Better Act proposing to create a tax credit for electronic vehicles that Canadian officials argue violates the Canada-U.S.-Mexico Agreement. The U.S. plan is said to be the equivalent of a 34 percent tariff on Canadian assembled electric vehicles. While trade disputes are not particularly noteworthy, the Canadian government response certainly is. Last week, Finance Minister Chrystia Freeland and International Trade Minister Mary Ng wrote to eight U.S. Senators with the following warning:

Beyond possible retaliatory actions, if the U.S. proceeds with the tax credit provisions as drafted, we would see this as a significant change in the balance of concessions agreed to in the USMCA. As such, we would consider the possible suspension of USMCA concessions of importance to the U.S. in return. Those concessions could include suspending USMCA dairy tariff-rate quotas and delaying the implementation of USMCA copyright changes.

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December 14, 2021 8 comments News
Gutenberg Galaxy by Marshall McLuhan by no_typographic_man (CC BY-NC-ND 2.0) https://flic.kr/p/8hhvER

Registration for Extension: My Submission to the Copyright Term Extension Consultation

Earlier this year, the Canadian government launched a timid consultation on copyright term extension. 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). With a 30 month transition period to allow for consultation, this represents an opportunity to mitigate against the harms of term extension.

I submitted my response last night and it is posted here. The submission cites a wide range of experts – including Justice Minister David Lametti and former US Register of Copyrights Maria Pallante for the proposition that registration for the additional 20 years is not only permissible under international law, it is desirable.  I also include a lengthy appendix of the some of the Canadian authors and leaders whose works will not enter the public domain if term is extended. These include Gabrielle Roy, Marshall McLuhan, Margaret Laurence, Louis St. Laurent, John Diefenbaker, Tommy Douglas, René Lévesque, Jean Lesage, John Robarts, and Bora Laskin.

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April 1, 2021 4 comments Committees, News
Politics 4 by Erik https://flic.kr/p/aChWHM (CC BY-SA 2.0)

The Law Bytes Podcast, Episode 78: Jennifer Jenkins on What Copyright Term Extension Could Mean for Canada

For years, Canada resisted extending the term of copyright beyond the international standard of life of the author plus 50 years. That appears to have come to an end with the USMCA, which requires an extension. The Canadian government has just launched a public consultation on the issue, identifying several “accompanying measures” to address concerns about the negative impact of term extension. For the many Canadians that participated in the recent copyright review process, the consultation document comes as huge disappointment as it seemingly rejects – with little legal basis – the review’s recommendation on establishing a registration requirement for the additional 20 years that would benefit both creators and the public.

The consultation is currently open until March 12th. Duke University’s Jennifer Jenkins, who is is a Clinical Professor of Law teaching intellectual property and Director of Duke’s Center for the Study of the Public Domain, joins the Law Bytes podcast this week to help sort through the likely implications of copyright term extension for Canada.

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March 1, 2021 3 comments Podcasts
copyright-trap-action-3 by EFF https://www.eff.org/deeplinks/2015/08/tpps-copyright-term-extension-isnt-made-artists-its-made-and-big-content-companies (CC BY 3.0 US)

Afraid to Lead: Canadian Government Launches Timid Consultation on Implementing Copyright Term Extension

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.

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February 12, 2021 9 comments News
President Donald J. Trump at the G20 Summit by the White House https://flic.kr/p/R8swU7 Public domain

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:

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February 4, 2020 5 comments News