The Canadian government plans to extend the term of copyright from the international standard of life of the author plus 50 years to life plus 70 years without mitigation measures that would have reduced the harms and burden of the extension. The Budget Implementation Act, a 443 page bill that adopts the omnibus approach the government had pledged to reject, was posted late yesterday by Finance Minister Chrystia Freeland’s department and could be tabled in the House of Commons as early as today. Page 328 of the bill features the shoehorned amendments to the Copyright Act, including an extension of the term of copyright. While the government is not making the change retroactive (meaning works currently in the public domain stay there), no one seriously expected that to happen. What many had hoped – based on the government’s own committee recommendations and copyright consultation – was to introduce mitigation measures to reduce the economic cost and cultural harm that comes from term extension. Instead, Freeland, Prime Minister Justin Trudeau, Innovation, Science and Industry Minister François-Philippe Champagne, and Canadian Heritage Minister Pablo Rodriguez have chosen to reject the recommendations of students, teachers, universities, librarians, IP experts, and their own Justice Minister.
Post Tagged with: "usmca"
The Canadian Government Makes its Choice: Implementation of Copyright Term Extension Without Mitigating Against the Harms
The Harm from Budget 2022’s Hidden Copyright Term Extension, Part Three: “It Does Not Put Money in the Pockets of Most Creators”
The inclusion of copyright term extension in Budget 2022 – a commitment to implement was buried in an annex to the budget – will cause enormous harm to access to Canadian culture and history for a generation. My previous posts in the series examined the incredible array of authors and political figures that helped shape Canada for decades who will have their works locked out of the public domain. The response from supporters of the policy is typically to ignore the economic evidence and reality that copyright already protects works for 50 years *after* the death of the creator, by relying on claims that term extension will benefit creators.
Yet consider the comments of Bryan Adams, one of Canada’s best known artists. In a 2018 submission to the Standing Committee on Canadian Heritage, Adams foresaw the likelihood of term extension and issued a warning:
The Harm from Budget 2022’s Hidden Copyright Term Extension, Part Two: The Generational Loss of Access to Canadian History
The decision to agree to a copyright term extension in the USMCA is harmful policy, made worse by the decision to bury plans for implementation in Finance Minister Chrystia Freeland’s Budget 2022. As a result, there will be a two decade moratorium on new works entering the public domain, creating an enormous negative impact on access to Canadian culture and history for a generation. My first post examining the cost focused on some of Canada’s most decorated authors, whose works will be locked out of the public domain for a generation.
The negative impact of term extension on access to Canada’s history is equally damaging. Historians will lose public domain access to the works and papers some of Canada’s most notable leaders and figures of modern times, including leading Prime Ministers, Premiers, First Nations leaders, and Supreme Court justices. They include:
Budget 2022’s Tax on Consumers: Chrystia Freeland’s Seven Year Struggle With Copyright Term Extension
The inclusion of copyright term extension in Deputy Prime Minister and Finance Minister Chrystia Freeland’s Budget 2022 may have been buried toward the very end of the last annex of the budget on page 274, but the issue has been front and centre for Freeland for many years. Indeed, Freeland has been well aware of the hidden costs arising from term extension since she was first elected in 2015. In her roles as Minister of International Trade, Minister of Foreign Affairs, and now Finance Minister, term extension has arisen repeatedly as she worked first to avoid term extension and later to maintain flexibility if forced into implementing the change.
Having fought to maintain that flexibility, it is now essential to establish a registration requirement, which would allow rights holders that want the extension to get it, while ensuring that many other works enter the public domain at the international standard of life plus 50 years. By providing for life plus 50 and the option for an additional 20 years, Canadian law would be consistent with Berne Convention formalities requirements and with its trade treaty obligations.
Chrystia Freeland’s Hidden Tax: How Canada Should Implement the Copyright Term Extension Buried in Budget 2022
Deputy Prime Minister and Finance Minister Chrystia Freeland unveiled Budget 2022 yesterday. While much of the focus was on housing and the environment, buried in Annex 3 at page 274 was a promise to extend the term of copyright from the international standard of life of the author plus 50 years to life plus 70 years. The extension fulfills a commitment in the Canada-US-Mexico Trade Agreement with the specific implementation details presumably to come in several weeks in the Budget Implementation Act. This is both a terrible policy making approach (Prime Minister Justin Trudeau was elected in 2015 in part on a pledge not to use the budget to sneak through legislation this way) and terrible policy that experts have termed a “tax on consumers”. Indeed, term extension was long opposed by successive Canadian governments both Liberal and Conservative for good reason: it creates significant costs with limited to no benefits.