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

Trans-Pacific Partnership Ministers Meet in Brunei by DFATD (CC BY-NC-ND 2.0) https://flic.kr/p/fzKSHo

More Than Milk: Why Agricultural Protections Are Just the Tip of the TPP Iceberg

The Trans Pacific Partnership (TPP), a proposed trade agreement that encompasses nearly 40 per cent of world GDP, heads to Hawaii later this month for ministerial-level negotiations. According to media reports, this may be the final round of talks, with countries expected to address the remaining contentious issues with their “best offers” in the hope that an agreement can be reached. Canadian coverage of the TPP has centred primarily on U.S. demands for changes to longstanding agricultural market safeguards.

With a national election a few months away, my weekly technology law column (Toronto Star version, homepage version) notes the prospect of overhauling some of Canada’s biggest business sectors has politicians from all parties waffling on the agreement. Canadian International Trade Minister Ed Fast, who will lead the Canadian delegation, maintains that the government has not agreed to dismantle supply management protections and that it will only enter into an agreement if the deal is in the best interests of the country. The opposition parties are similarly hesitant to stake out positions on key issues, noting that they cannot judge the TPP until it is concluded and publicly released.

While the agricultural issues may dominate debate, it is only one unresolved issue of many. Indeed, the concerns associated with the agreement go far beyond the supply of products such as milk and chickens.

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July 20, 2015 2 comments Columns
CBC Radio Canada - Vancouver by Tyler Ingram (CC BY-NC 2.0) https://flic.kr/p/7NujTF

CBC Seeks Takedown of Conservative Ad, Claims “No One” Can Re-Use Its News Clips Without Permission

Last week, the Conservative party posted an offensive advertisement on YouTube and Facebook titled Justin Trudeau on ISIS. The ad starts with ISIS music and images of prisoners about be drowned or beheaded before running short edited clips from a 13 minute interview with Trudeau and the CBC’s Terry Milewski. The advertisement has rightly generated a backlash with questions about whether it violates Bill C-51’s prohibitions on terrorist propaganda. Conservative Party campaign spokesman Kory Teneycke argues that it is little different than newscasts involving ISIS, but watching the combination of music and imagery, it clearly goes well beyond conventional news reporting on ISIS. Indeed, even if it fall short of violating Bill C-51, the ad is in terrible taste, treating images of victims as mere props for political gain.

Beyond the C-51 issue, the CBC waded into the issue late on Friday, as Jennifer McGuire, the CBC News Editor-in-Chief, posted a blog indicating that the broadcaster has asked YouTube and Facebook to take down the ad. The ostensible reason?  Copyright. The CBC has again raised the issue of re-use of news coverage in political advertising, claiming that it is determined to limit re-use since “our integrity as providers of serious, independent coverage of political parties and governments rests on this.” In light of this position, the CBC says its guiding principle is:

No one – no individual candidate or political party, and no government, corporation or NGO – may re-use our creative and copyrighted property without our permission. This includes our brands, our talent and our content.

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June 29, 2015 48 comments News
Randy Bachman - 2009.01.12 by Stephen Dyrgas (CC BY-NC-ND 2.0) https://flic.kr/p/5SbJ71

Guess Who Claims Canadian Music May Go Silent Without Another Copyright Extension?

The government’s gift to the recording industry wrapped up yesterday as Bill C-59 received royal assent and with it, the term of copyright for sound recordings was extended from 50 to 70 years. I’ve chronicled in detail how the extension of the copyright term without public consultation or discussion hurts Canadian consumers, reduces competition, and is a direct result of record label lobbying (surprise, cost to consumers, limited competition, reduced access to Canadian heritage, lobbying impact).

As an added bonus, groups have started to use the extension to argue that the government should also extend the term of copyright for authors from the current term of life plus an additional 50 years to life plus 70 years. Randy Bachman has an op-ed in the Globe and Mail today calling for a copyright term extension that must be read to be believed. The piece was not only a day late (he calls for the government to extend term in the same budget bill that already received royal assent), but contains some of the most absurd claims about copyright in recent memory.

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June 24, 2015 14 comments News
Spotify on iPad air & Bose qc15 by Julien Sabardu (CC BY-NC-ND 2.0) https://flic.kr/p/qY32kW

SOCAN Reports Canadian Internet Music Streaming Copyright Revenues Soar 525%

SOCAN, Canada’s largest music copyright collective, released its annual report this week, reporting record revenues and a massive increase in earnings from Internet streaming services. SOCAN reports that copyright revenues from Internet streaming hit $21.3 million, a 525% increase over the $3.4 million generated in 2013. The huge increase in Internet streaming revenues in Canada points to why persistent criticism about Tariff 8, a Copyright Board tariff for Internet streaming misses the mark. As I pointed out last year, Tariff 8 is only part of a larger ecosystem of royalties paid for Internet music streaming.

Indeed, the fact that songwriters, composers, and music publishers are successfully generating new revenues from Internet music services has actually been a target of criticism by the Canadian Recording Industry Association, which has intervened in tariff proceedings involving SOCAN to argue that its tariff proposals are “grossly excessive.”

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June 18, 2015 3 comments News
Twin Peaks, Plate 2 by Thomas Hawk (CC BY-NC 2.0) https://flic.kr/p/61x4pj

Netflix vs. CraveTV: More Than 90% of CraveTV Titles Are Not Available On Netflix U.S. or Canada

Bell’s recent characterization of Canadians using virtual private networks to access U.S. Netflix as thieves has attracted considerable attention. Yesterday, I posted on why accessing U.S. Netflix is not theft, noting that a minority of Canadian Netflix subscribers use VPNs and arguing that the frustration seems rooted in business concerns rather than legal ones. The post added that Netflix and CraveTV (Bell’s online video service) have little overlap in content. Working with Kavi Sivasothy, one of my research students, we took a closer look at the libraries of Netflix U.S., Netflix Canada, and CraveTV. We relied on AllFlicks.net for the Netflix data and CraveTV’s own A to Z page for its data.

Based on that information, how many titles does CraveTV offer that overlap with Netflix U.S. and are not available on Netflix Canada? Not many. In fact, the data suggests that there are some CraveTV titles that are not available on Netflix U.S., but are available on Netflix Canada. Overall, more than 90 percent of CraveTV’s titles are not available on either Netflix U.S. or Netflix Canada. [UPDATE: Thanks to a reader for pointing out a few omissions from the chart. The error was due to different spelling in the Netflix and CraveTV lists. The numbers have been updated].

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June 9, 2015 32 comments News