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Copyright

Why Canada Does Not Belong on the U.S. Piracy Watchlist

In what has become an annual rite of spring, each April the U.S. government releases its Special 301 report – often referred to as the Piracy Watch List – which claims to identify countries with sub-standard intellectual property laws. Canada has appeared on this list for many years alongside dozens of countries. In fact, over 70% of the world’s population is placed on the list and most African countries are not even considered for inclusion.

While the Canadian government has consistently rejected the U.S. list because it “basically lacks reliable and objective analysis”, this year I teamed up with Public Knowledge to try to provide the U.S. Trade Representative Office with something a bit more reliable and objective. Public Knowledge will appear at a USTR hearing on Special 301 today. In addition, last week we participated in meetings at the U.S. Department of Commerce and USTR to defend current Canadian copyright law and the proposed reforms.

The full submission on Canadian copyright is available here. It focuses on four main issues: how Canadian law provides adequate and effective protection, how enforcement is stronger than often claimed, why Canada is not a piracy haven, and why Bill C-11 does not harm the interests of rights holders (critics of Bill C-11 digital lock rules will likely think this is self-evident). The section challenging the piracy haven claims states the following:

February 23, 2012 — 28 comments — News

Telecom and Tech Coalition Calls on Government To Stop MicroSD Card Levy

The Wire Report reports that a coalition of telecom and technology companies that includes Telus and RIM have written to Canadian Heritage Minister James Moore and Industry Minister Christian Paradis to ask that cabinet implement a regulation to exempt the memory cards from the private copying levy. The Copyright Act gives cabinet the right to issue such exemptions. I wrote about this issue last November, asking whether the government would be willing to step in.

Interestingly, the article quotes David Basskin of the Canadian Private Copying Collective, who says that it would be unfair for the government to stop the process before the Copyright Board of Canada has heard the case. Basskin states “it’s manifestly unfair. We have a solid case to make, and we look forward to making it. The matter is, as you might say, ‘before the courts.’ The Copyright Board has the power of a court.”

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February 20, 2012 — 8 comments — News

Bill C-11 Committee Sets Witness List

The Bill C-11 Committee has set the witness list for hearings that run until mid-March.

February 20, 2012 — 1 comment — News

Bill C-11 Committee Timeline Set

The Bill C-11 committee reviewing the copyright reform bill met for the first time yesterday and set out a fast-paced plan to conclude review of the bill. The committee will meet for 12 hours per week – four times a week for three hours each – until mid-March. It will […]

February 15, 2012 — 9 comments — News

Deadline Day To Speak Out on TPP’s Copyright Term Extension

While many will be focused on the return of lawful access, today is also the deadline for submissions to the government’s public consultation on Canadian entry into the Trans Pacific Partnership negotiations. As I noted in earlier posts (here, here, here, and here), the TPP would have enormous implications for Canadian copyright law – the Globe’s John Ibbitson described as surrendering Canadian copyright sovereignty – as it would require stricter digital lock rules, extend the term of copyright, and mandate new Internet provider liability provisions.

I’ve posted my submission, which includes comments on the lack of transparency with the TPP negotiations, digital locks, Internet provider liability, and copyright term, below. Another submission focused on the public domain comes from Dr. Mark Akrigg, Founder, Project Gutenberg Canada.

February 14, 2012 — 3 comments — News