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:
Post Tagged with: "usmca"
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 LawBytes Podcast, Episode 15: Cows, Cars, and Copyright – A Conversation With Myra Tawfik on the IP Concerns With Implementing the USMCA
The new NAFTA – dubbed the USMCA or CUSMA depending on where you live – took a significant step forward recently with the introduction of Canadian legislation designed to ratify the treaty. The economic implications of the agreement are enormous, particularly with respect to digital issues and intellectual property. Myra Tawfik, a law professor at the University of Windsor and Senior Fellow with CIGI, joins the podcast this week to discuss Canada’s longstanding history of facing external pressure on copyright, the role that trade negotiations now play with that pressure, and the implications of the USMCA.
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.
Canada Introduces USMCA Implementation Bill…Without a General Copyright Term Extension Provision
The Canadian government tabled Bill C-100 yesterday, the bill to implement the Canada-US-Mexico Trade Agreement. I will have future post on the key provisions, which include new criminal provisions on trade secrets and tampering with rights management information. The bill also features several provisions related to copyright term but notably does not touch the current general copyright term of life of the author plus an additional 50 years. There are several new terms included in the bill with extensions for anonymous works, performances in sound recordings, sound recordings, and cinematographic works. The bill expressly states that none of the extensions are retroactive which means that the works that are currently in the public domain will remain there even after the new terms are established.
