Amidst NAFTA IP negotiation, Copyright Act review kicks off

After a unanimous vote in the House of Commons, the federal government has triggered the long-awaited five-year review of the Copyright Modernization Act, though the timing might cause some challenges for the government, according to David Fewer, director at the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC). Initially expected to begin at the start of November, the late-December launch for the review means it will occur in a similar timeframe as the negotiations of international trade pacts like the North American Free Trade Agreement (NAFTA) and the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP). Fewer told The Wire Report over email having concurrent government actions concerning IP was remarkable because of the “potential for conflict, duplication, repudiation.” In recommendations to the House standing committee on international trade earlier this year, Rogers Communications Inc. and Telus Corp. warned that any sort of modification of the Copyright Act should happen through the review rather than trade negotiations. “In our view, any changes to our domestic copyright laws should be made through the upcoming five-year review of the Copyright Modernization Act, not through the NAFTA renegotiation,” said Pam Dinsmore, vice-president of regulatory and cable at Rogers, on Sept. 20. Also on Wednesday, the House committee on international trade released recommendations for government’s position in NAFTA negotiations based on testimony from groups like the media industry and public advocacy organizations. It included a recommendation which read that the government should “oppose provisions that would reduce its ability to ensure that the Canadian intellectual property regime balances the interests of right holders and users. As well, the government should work to preserve Canada’s ability to modernize its regime following domestic reviews.” Fewer told The Wire Report that CIPPIC was “very supportive” of the recommendation and also agreed that “legislating at the table” should be avoided. He doubts the government would take conflicting positions when negotiating NAFTA and reviewing copyright legislation, but he admits there are realities that make the outcomes unpredictable. The copyright review will be before a parliamentary committee — with opposition members who want to include their input — while trade talks are executed by cabinet and will need to navigate other countries’ trade demands. Whereas the review process will be completed publicly, “who knows who has what kind of access to NAFTA decision makers,” said Fewer. To avoid inconsistent outcomes, he doesn’t think the copyright review will cover much more than reforming the Copyright Board and a re-evaluation of the “notice-and-notice” anti-piracy measures. The talks will inform each other, he added, but Fewer expects the federal government will proceed with whatever ends up being most advantageous for it. Right now, according to Fewer, it does not appear like the government will veer to far from its path of balancing the interests of users and rights holders in its review of copyright legislation. “I don’t think stirring up a hornet’s nest with another massive revision to the legislation is politically expedient,” said Fewer. “Particularly when that review might prove needless given the very real possibility that NAFTA or CPTPP could oblige us to make identical changes, or inconsistent changes.” — With reporting by Bryson Masse at bmasse@thewirereport.ca and editing by Anja Karadeglija at akarad@thewirereport.ca

Amidst NAFTA IP negotiation, Copyright Act review kicks off

Broadcast | December 13, 2017

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Amidst NAFTA IP negotiation, Copyright Act review kicks off

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