The U.S. released its annual piracy watch list last week, elevating Canada to the priority watch list alongside countries such as China and Russia. If that sounds implausible, that’s because it is. The U.S. has long used its annual report on IP issues to exert pressure on other countries and this year is no different. Indeed, with the IP chapter still unresolved in the NAFTA negotiations, the decision to elevate Canada appears to be an obvious effort to place negotiators on the defensive. In doing so, the U.S. has further undermined the credibility of a review process that is widely recognized as little more than a lobbying exercise.
Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Copyright
Tackling IP Misuse: Canada Takes the Lead in Combating the Dark Side of Intellectual Property Protection
Navdeep Bains, Canada’s Innovation, Science and Economic Development Minister, unveiled the government’s long-awaited intellectual property strategy Thursday by responding to the need to increase IP awareness, develop new IP tools for businesses, and counter IP misuse that harms both consumers and businesses. The plan to introduce new legislative rules to discourage misuse of intellectual property is particularly noteworthy since the rules should help foster a more progressive, balanced, and innovative legal framework.
My Globe and Mail op-ed notes that with proposed reforms to all of Canada’s main IP statutes, the government is taking the lead in combating the dark side of intellectual property protection. Since abuse of intellectual property rights may inhibit companies from innovating or discourage Canadians from taking advantage of the digital market, crafting rules that address misuse can be as important as providing effective protection.
Canadian Music Industry Seeks New Fees, Content Blocking, and Right to Renegotiate Deals Despite Generating Record Digital Revenues
The global music industry released its annual report this week with data that shows an industry successfully transitioning to digital services. The Canadian market is particularly strong as revenue growth far exceeds global averages. Despite the success, behind the scenes the industry is calling on the government to implement radical copyright reforms that include creating new levies to cover smartphones, requiring Internet providers to block services and report activity back to the industry, and even the power to require renegotiation of commercial deals it no longer thinks are fair.
Quebec Writers Group Calls for an End to Copyright Exceptions: “Only Where Access is Otherwise Impossible”
The Standing Committee on Industry, Science and Technology continues its year-long review of copyright this week with a mix of witnesses from education, libraries, writers, and publishers. The Union des écrivaines et des écrivains québécois (UNEQ), which represents Quebec-based writers, appeared yesterday and submitted a brief to the committee with its key recommendations. There are several that will attract attention, including increased damages and an expansion of the private copying levy to cover e-readers, hard drives, and USB keys (a recommendation that may stem from a misunderstanding of the levy which is only for music). However, the most troubling is how the group takes aim at copyright user’s rights.
Digital Trends and Initiatives in Education: The Study the Association of Canadian Publishers Tried To Bury
The Standing Committee on Industry, Science and Technology starts its year-long review of copyright today with the first of several hearings focused on copyright, education and fair dealing. The hearings begin with evidence from education groups to be followed by publishers and other rights holder representatives (sources indicate that Access Copyright declined an invitation but will presumably return at a later date). The Association of Canadian Publishers, the leading national publisher lobby, has been one of the most vocal groups on copyright and will likely appear to tell MPs that fair dealing should be narrowed.
While the ACP has not hesitated to speak out at industry events, it interestingly has said nothing about a study it commissioned on digital trends and initiatives in education in Canada. The ACP study, which received financial support from the Government of Canada and the Ontario Media Development Corporation, is not posted on the publicly available portion of its website. There was no press release when it was released last June and I can find no public reference to it anywhere on the site. Jean Dryden pointed out to me that the study is available through the OMDC.
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