Canadian Coalition for Electronic Rights
 

It appears that the American arm of the Entertainment Software Association (ESA) is keenly interested in ‘circumventing’ Canada’s domestic copyright regime, reformed or otherwise, by employing the controversial Anti-Counterfeiting Trade Agreement (ACTA). On September 23, 2009 a meeting of the U.S./EU IPR Enforcement Working Group took place in Washington DC, attended by the old guard: private sector industry reps and lobby groups. The listed objectives were as follows:

• To promote enforcement
• To fight piracy and counterfeits
• To promote public & private partnerships on piracy and counterfeits

Both the U.S. and EU governments and industry representatives shared concerns on IPR enforcement in Canada. ESA representatives went on to suggest that ACTA be used as a means of “raising the bar” in Canada to force Canadian government to respect TPMs and uphold its IPR commitments. U.S. representatives responded by stating that they expect all parties involved in ACTA to uphold the provisions put forth in the agreement, and will not accommodate the “lowest common denominator.”

It now appears that even if Canada modernizes its copyright regime to meet its international obligations, ACTA could be used to ‘circumvent’ domestic copyright laws and tip the balance between consumer and creator rights in favour of distributors, lobby groups and litigious-happy lawyers. While the Canadian government has been open with their public consultations on copyright reform, Canadians are left wondering how and why ACTA, an agreement which threatens to supersede the domestic Copyright Act, is so secretive and non-transparent.

From the outside looking in, The Intellectual Property and Trade Advisory Group set up by the Ministry of Industry may seem like a good way to study the proposals of the forth-coming Anti-Counterfeiting Trade Agreement (ACTA), however, the superb work of Michael Geist and Canada’s Access to Information have revealed the usual one-sided perspective that the Conservative Government continues to subscribe to.

Instead of a broad cross section of educators, small business owners, creators, content owners artists, musicians and concerned citizens, the “insider” group will be comprised solely of government departments and industry lobby groups. Just as these “insiders” had free rein with Bill C-61, it seems here again they will have the ear and the law making powers of Ottawa at their beck and call.

And what about the supposed made in Canada provisions the Conservatives trumpet about Bill C-61. Hmmmm, let’s see:

ISP Provisions: Made in Canada: Negated by ACTA
Format Shifting: Made in Canada: Negated by ACTA
Time Shifting: Made in Canada: Negated by ACTA
Educational Exemptions: Made in Canada: Negated by ACTA
Private Copying of Music Provisions: Made in Canada: Negated by ACTA

Unless something can be done to amend/stop Bill C-61 the big lobby groups will seemingly have their cake and eat it too. They will get the law they crafted in Bill C-61 and be able to enforce the law through the implementation of ACTA. The Conservatives will simply be allowed to throw their hands up in the air and claim they tried to make a made in Canada bill, but this pesky ACTA go in the way.

Come on Canada, we’re smarter than this, aren’t we?