Every year at this time I take a peek in the rear view mirror and look back at the main copyright highlights of the past year, at least the ones that I have written about in my blog. I also check back on the “year-end reflections” post written the previous year, and it is remarkable how many issues come up year after year. Like Brexit, or NAFTA, or Blackbeard’s Law as examples. Continue reading “International Copyright Highlights of 2019”
Since we are close to Christmas, I thought it would be appropriate to post a blog about a popular gift product that often finds its way under the tree at this time of year, and—as always—consider its copyright dimensions. That gift is perfume…fragrance…scent…eau de whatever. Continue reading “Making Scents of Copyright at Christmas”
When you negotiate with the 800 pound gorilla, the gorilla usually gets what it wants. Therefore exactly what it wants can be very important. In case you were wondering, from a trade policy perspective the 800 pound gorilla is the United States, the world’s largest economy and a largely open market, although increasingly less so these days. The United States also runs a massive global trade deficit in goods, some $887 billion in 2018 ($621 billion when services, where the US has a surplus, are factored in). Given the US dollar as the world’s reserve currency and the strength of the US economy, the US has had no difficulty in financing that deficit but the trade imbalance is a red flag for the Trump Administration. Many countries, from Canada to China, Japan to the EU, and from Mexico to Korea, depend heavily on the US market, and most (with the notable exception of Canada, which has a deficit in trade in goods and services with the US) run sizeable surpluses. Therefore, when it comes to negotiating trade pacts with the US, the US Government in the form of the US Trade Representative has a big stick to wield. Bend to our interests, or access to our market will be restricted. Continue reading “Are US Trade Negotiating Objectives Regarding Digital Responsibility and Copyright Protection Evolving? (What the 800 Pound Gorilla Really Wants is Important for the Trade Partners of the US)”
Last week I wrote about the ground-breaking Federal Court decision that granted the request from Rogers Media, Bell Media and GroupeTVA to issue an injunction requiring Canadian ISPs to block pirated streaming content from offshore content provider GoldTV. This is the first such “site-blocking” order issued in Canada, although such orders are relatively commonplace in a number of other jurisdictions. The order was unopposed by all respondents in the case, which included all of Canada’s major ISPs, and some smaller ones, with the exception of Teksavvy, a small reseller of ISP access based in southern Ontario. Ten days after the order was issued, Teksavvy filed an appeal. Continue reading “Canada’s First Piracy Site Blocking Decision is Under Appeal: What are the Issues and What’s at Stake?”