Last fall, months before the start of the Canadian copyright review, the Canadian Private Copying Collective, the collective that administers the tax on blank CDs that has long advocated for extending the payments to iPods and other electronic devices, met with senior officials at Canadian Heritage including Deputy Minister Graham Flack and Melanie Joly’s chief of staff Leslie Church (over two days the collective also met with politicians such as Dan Ruimy, Peter Van Loan, and Pierre Nantel). According to documents released under the Access to Information Act, the collective arrived with a startling demand, asking the federal government to pay $160 million over the next four years to compensate for music copying.
Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Copyright
Why the Government’s Copyright Board Plans Threaten to Spark Another Lobbying Battle
Copyright reform has long been viewed as one of the more contentious policy issues on the Canadian agenda, pitting creators, education groups, innovative companies, and a growing number of individuals against one another in processes that run for years and leave no one fully satisfied. Indeed, my Hill Times op-ed notes the copyright review currently underway before the Standing Committee on Industry, Science and Technology promises to run for months with MPs hearing from a broad range of stakeholders presenting perspectives that will be difficult to reconcile.
Separating Fact From Fiction: The Reality of Canadian Copyright, Fair Dealing, and Education
This week, I had the honour of speaking at a packed event at the World Intellectual Property Organization titled How WIPO Can Contribute to Achieving the Right to Education. The panel featured speakers from around the world focusing on the copyright-related education issues. My talk, which used emerging data from the copyright review, focused on the reality of Canadian copyright, fair dealing, and education. A recording of my remarks embedded into my slide presentation is posted below in a YouTube video.
Who Needs an iPhone Tax: Canadian Music Industry Instead Calls for $40 Million Annual Handout
As the Standing Committee on Industry, Science and Technology continues its copyright review, the Canadian Heritage committee has launched its study on remuneration models for artists and creative industries. Yesterday, Music Canada’s Graham Henderson appeared before the committee to make his case for copyright reform (the organization will presumably make the same case in the coming weeks at the Industry committee). The industry is garnering record-setting Internet revenues, but it reverted to claims of a “value gap” that doesn’t fit within the Canadian legislative experience and demands for a copyright term extension that would cost Canadians millions of dollars and that was rejected by the government in the TPP.
Most notably, after privately lobbying for a new tax on all smartphones and other devices, the group is shifting toward an even bigger cash haul. Rather than apply a tax on all smartphones, the industry is spinning for a tax on everyone by simply calling for a $40 million handout:
Canadian Copyright, Fair Dealing and Education, Part Four: Fixing Fair Dealing for the Digital Age
My series on Canadian copyright, fair dealing, and education has explored spending and revenue data at universities and publishers, explained the diminishing value of the Access Copyright licence, and conducted a detailed analysis of site licensing on Canadian campuses which demonstrates the foundation for accessing works are the site licences that offer greater flexibility and value than the Access Copyright licence. The series has also shown how some of the publishers who have been most critical of fair dealing are also the ones that have benefited the most from licensing their e-books to educational institutions.
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The Law Bytes Podcast, Episode 239: The Rise and Fall of Canada’s Digital Services Tax 
Canada’s DST Debacle a Case Study of Digital Strategy Trouble 
Canadian Government Caves on Digital Services Tax After Years of Dismissing the Risks of Trade Retaliation
