Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

Cross Border Action: The People's Round on the Trans Pacific Partnership by Caelie_Frampton (CC BY-NC-SA 2.0) https://flic.kr/p/dy8srf

Why The Secrecy on the TPP Talks in Ottawa This Week? Because There is Something to Hide

Trade agreements have emerged in recent years as one of the federal government’s most frequently touted accomplishments. Having concluded (or nearly concluded) free trade deals with the likes of the European Union and South Korea, senior government ministers such as International Trade Minister Ed Fast and Industry Minister James Moore have held dozens of events and press conferences across the country promoting the trade agenda.

The next major agreement on the government’s docket is the Trans Pacific Partnership, a massive proposed trade deal that includes the United States, Australia, Mexico, Malaysia, Singapore, New Zealand, Vietnam, Japan, Peru, and Chile. While other trade talks occupy a prominent place in the government’s promotional plans, the TPP remains largely hidden from view. Indeed, most Canadians would be surprised to learn that Canada is hosting the latest round of TPP negotiations this week in Ottawa.

My weekly technology law column (Toronto Star version, homepage version) argues the secrecy associated with the TPP – the draft text of the treaty has still not been formally released, the precise location of the Ottawa negotiations has not been disclosed, and even the existence of talks was only confirmed after media leaks – suggests that the Canadian government has something to hide when it comes to the TPP.

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July 7, 2014 17 comments Columns
Treaty for the Blind T-Shirts by Timothy Vollmer (CC BY 2.0) https://flic.kr/p/5SXhgK

Why Has Canada Still Not Signed the WIPO Copyright to Support the Blind?

Countries from around the world last year reached agreement on a landmark copyright treaty designed to improve access to works for the blind and visually impaired. As the first copyright treaty focused on the needs of users, the success was quickly billed the “Miracle in Marrakesh” (the location for the final round of negotiations) with more than 50 countries immediately signing the treaty.

The pact, which was concluded on June 27, 2013, established a one-year timeline for initial signatures, stating that it was “open for signature at the Diplomatic Conference in Marrakesh, and thereafter at the headquarters of WIPO [the World Intellectual Property Organization] by any eligible party for one year after its adoption.”

My weekly technology law column (Toronto Star version, homepage version) notes that in the months since the diplomatic conference, 67 countries have signed it. The list of signatories includes most of Canada’s closest allies, including the United States, European Union, United Kingdom, and France. The major developing economies such as Brazil, China, and India have also signed the agreement. Curiously absent from the list of signatories, however, is Canada.

The issue was raised in the House of Commons by NDP MP Peggy Nash, leading to the following exchange with Industry Minister James Moore:

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June 18, 2014 11 comments Columns
copyright takedown notice by Andrew Allingham (CC BY 2.0) https://flic.kr/p/bw9zNC

Canadian Copyright Notice-and-Notice System to Take Effect in 2015

The government today announced that there will be no additional regulations associated with the notice-and-notice rules that provide rights holders with the ability to have Internet providers forward notifications to subscribers alleging infringement. The government had delayed implementation of the rules amid a consultation on the issue. The notice-and-notice system does not require the ISP to disclose the subscriber’s personal information to the rights holder nor to takedown the content. The system, which other countries are now considering due to its effectiveness, is set to take effect on January 1, 2015.

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June 17, 2014 5 comments News
WIPO by Eszter Hargittai (CC BY-NC-SA 2.0) https://flic.kr/p/p7mM3

Canada Ratifies WIPO Internet Treaties

Canada has formally ratified  the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The ratification was a key part of the copyright reform process, leading to contentious debate over the Canadian approach to providing legal protection for digital locks. The treaties will enter into force on August 13, […]

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May 23, 2014 12 comments News
The Copyright Board of Canada Music Streaming Decision: The Good, the Bad, and the Ugly

The Copyright Board of Canada Music Streaming Decision: The Good, the Bad, and the Ugly

The Copyright Board of Canada issued its long-awaited music streaming decision late last week, setting royalties to be paid by Internet music streaming services such as Pandora for non-interactive and semi-interactive streaming for the years 2009 to 2012. This covers passive Internet radio services and services that allow users to influence what they listen to. Given that Pandora left the Canadian market over high tariff rates, the outcome of the decision was destined to be a key determinant over whether many of the missing Internet music streaming services enter the Canadian market.

For fans of Pandora or similar services, the decision brings good news. The board largely rejected the arguments of Re:Sound, the collective responsible for the tariff and settled on rates close to what the Internet services were seeking. While the collective argued for rates similar to those found in the U.S., the Board ruled that the U.S. was not a suitable comparison. 

Moreover, it rejected arguments that this form of music streaming cannibalizes music sales, concluding that exposure to music through non-interactive and semi-interactive streaming may increase sales:

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May 21, 2014 4 comments News