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EU Demands Canada Rework Its Copyright, Patent Law

An anonymous reader writes "The draft intellectual property text of the EU - Canada Trade Agreement has leaked, with news that the EU is demanding that Canada fundamentally alter copyright, patent, and trademark law. The laundry list of demands includes copyright term extension, WIPO ratification, DMCA-style legislation, resale rights, new enforcement provisions, and following patent, trademark, and design law treaties. The net result is that when combined with the ACTA requirements, Canadian copyright law may cease to be Canadian." Reader TheTurtlesMoves stresses the "first sale doctrine" aspect of the Canada - EU negotiations. Once an artist sells a creative work, should she get a cut of any future resales of that same work? The EU says yes at least for some types of works, and it wants Canada to see things its way. "Europe's Directive 2001/84/EC says that the right covers only 'works of graphic or plastic art such as pictures, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware and photographs, provided they are made by the artist himself or are copies considered to be original works of art.'"

20 of 271 comments (clear)

  1. Cue the apologists... by HarrySquatter · · Score: 5, Interesting

    Aren't we constantly told that the EU is so much better in regards to patents and copyrights and it's only the big bad US that is constantly trying to push all this stuff on people?

    1. Re:Cue the apologists... by HarrySquatter · · Score: 4, Insightful

      I might be paranoid, but I don't believe the US had nothing to do with this.

      Because otherwise the EU wouldn't be pushing for this? Are you joking? The EU hardly is a utopia when it comes to copyrights.

    2. Re:Cue the apologists... by Colonel+Korn · · Score: 4, Interesting

      Aren't we constantly told that the EU is so much better in regards to patents and copyrights and it's only the big bad US that is constantly trying to push all this stuff on people?

      No, we're not. The EU is the hot spot for three strikes laws. If anything, it's usually shown as an example of a dark possible future for the US.

      --
      "I zero-index my hamsters" - Willtor (147206)
    3. Re:Cue the apologists... by OrangeTide · · Score: 4, Insightful

      US politicians are simply cheaper to bribe than EU politicians due to the weak dollar.

      I won't worry about America until our politicians start only accepting bribes in Euros.

      --
      “Common sense is not so common.” — Voltaire
    4. Re:Cue the apologists... by NotBornYesterday · · Score: 4, Interesting

      AFAICT, we are constantly told that the EU is so much better in regards to medical care, social programs in general, environmental laws, gun laws, architecture, culture, art, world peace, sexual repression, drug laws, and trading value of the Euro vs. the dollar among other things, much of which is debatable, but hardly relevant here. In general, the world's most developed countries are realizing that more and more of what they ("we", I suppose, since I''m in the US) have to trade on internationally is IP rather than physical goods, which can usually be made cheaper elsewhere. If the developed countries want to keep their riches, they have to keep their IP secure. I think the drive to implement (or "impose", depending on how you look at it) oppressive international IP agreements draws more fire when the US does it because at home and abroad the US is often perceived as an aggressive superpower exporting cultural imperialism. On the other hand, when the EU does it, they are beneficently supporting artists' rights.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    5. Re:Cue the apologists... by FuckingNickName · · Score: 4, Informative

      Honestly? Speaking as a Spaniard, I see the official and populist line in Spain is that the EU is A Great Thing. Why?

      (1) After Franco, Spain was way behind the rest of Western Europe in terms of infrastructure and social justice. When it joined the EU (then EC) in 1986, it received huge sums for investment in large scale programmes. Before this time, the big money had often come from US private investment (Spaniards were cheap labour!), which certainly provided jobs but wasn't going to build roads and railways or take care of the very sick. ...queue a couple decades of investment and the rising middle classes...

      (2) Then after Aznar's monumentally stupid blaming of the local terr'ist group, ETA, for bombings in Madrid the day before the election, the pendulum swung from pro-US back to anti-US sentiment. The prevailing impression in Spain still seems to be that the EU stands as some great body to counter US influence, even though it's by and large motivated by special interests which often lie in common with the special interests of the US elite.

      (3) (perhaps slightly prejudiced) Spaniards like patriarchal government. The legacy of Franco is still there, obviously. They're obsessed with a veneer of political correctness, still compensating for their once genuinely macho culture, but ultimately they don't like the idea of a nation of independent individuals, preferring a very detailed, united conception of morality and society. This sentiment is easy to take advantage of.

  2. I hope Canada stands up to this and says NO: by pecosdave · · Score: 4, Insightful

    They have enough asinine copyright laws as it is. Seriously? An extra charge on blank optical and tape media because it "might" be used to pirate? Does this go for hard drives and bandwidth? I'm with the current US and Canada system. The artist don't benefit much, it's the royalty houses are the ones that really benefit. Don't they get enough from performance, broadcast, sales, etc..? Artist can go broke trying to collect their money.

    --
    The preceding post was not a Slashvertisement.
    1. Re:I hope Canada stands up to this and says NO: by Capt.DrumkenBum · · Score: 5, Insightful

      An extra charge on blank optical and tape media because it "might" be used to pirate?

      I actually like this system, because it gives me implied governmental approval to copy as I see fit.

      --
      If I were God, wouldn't I protect my churches from acts of me?
  3. Just as a Matter of Principal by sycodon · · Score: 5, Insightful

    Just as a matter of principal, Canada should give them a nice hearty "F**k you, eh!"
     

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  4. O Canada by RobVB · · Score: 4, Interesting

    Please tell the EU to go fuck itself and/or adapt its copyright and patent law to the Canadian model.

    And possibly to close Disneyland Paris, stop accepting money from **AA and start developing some common sense.

    Crap, I think I overdid it with that last part. They are, after all, politicians. But if they're supposed to represent the European population, let me be the first to say this isn't what all of the population wants.

    --
    I'd rather you rationally disagree than irrationally agree.
    1. Re:O Canada by Monkeedude1212 · · Score: 4, Funny

      Please tell the EU to go fuck itself and/or adapt its copyright and patent law to the Canadian model.

      Canadians, please do as he says.
      I'm European.

      Alright, as a Canadian, I kindly ask you to go fuck yourself and/or adapt your copyright and patent laws to the Canadian Model.

  5. As a Canadian... by whisper_jeff · · Score: 5, Insightful

    As a Canadian, to all foreign powers who demand we change our laws to match yours, I say fuck you. Get your house in order before you tell us how to get ours in order.

    1. Re:As a Canadian... by Monkeedude1212 · · Score: 5, Informative

      The reason it would have been modded down if it were by an American is that the American Government is over there mucking about in other people's Countries before getting its house in order, making the statement completely hypocritical.

      Canadians on the other hand, do very little besides peacekeeping, and combing the hills of Afghanistan.

  6. Re:I'm surprised by HarrySquatter · · Score: 4, Informative

    Actually a few countries in the EU have passed DMCA-like legislation. But from the article:

    Anti-circumvention provisions. The EU is demanding that Canada implement anti-circumvention provisions that include a ban on the distribution of circumvention devices. There is no such requirement in the WIPO Internet treaties.

    This sounds pretty much like wanting DMCA-style legislation.

  7. International Bullying by Adrian+Lopez · · Score: 4, Insightful

    Canada should not allow itself to be bullied into adopting bad copyright law. While the European Union appears quite eager to be as bad (or worse) than the United States in terms of harmful copyright legislation, I sincerely hope Canada will put its citizens interests above those of copyright holders. I'm not against globalization, but countries must sometimes defend their sovereignty for the sake of their citizens.

    --
    "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
  8. Disgusting... by Synchis · · Score: 5, Interesting

    This type of news is disgusting to me as a Canadian.

    Throughout the summer, Canada held an enormous copyright consultation in which large corporations expressed an interest in these types of changes, and artists, creators and citizens expressed an interest in the exact opposite direction to this.

    Michael Geist usually carries all the latest news about this topic.

    At the same time, I think we have nothing to worry about. In a country that shows a 30% voter turnout (at best), that makes 6.9 million voters. Historically, over 500000 canadians joined the protest against the last attempt to bring laws like this. Thats a 7% swing in the vote towards the party that will stand up against this type of law making. Thats enough to win an election in Canada.

    With all this hype over copyright and trademark law, I expect it to be a hot topic in the next election, and with us running under a minority gov't, we could end up with an election at any time.

    --
    Thomas A. Knight
    Author of The Time Weaver
    1. Re:Disgusting... by Monkeedude1212 · · Score: 4, Interesting

      I've always been a little wishy washy when it comes to voting, I mean both Liberals and Conservatives end up making good points, and I always end up voting for whoever sounds like less of a douche at the debates, despite if their policy actually makes sense or not.

      However, this is something that concerns me a bit more. Usually everything breaks down into what will cost us the most tax dollars versus the benefit it brings us. I go along and pay my taxes no matter how much they demand (which is quite ludicrous right now actually, we're taxed something like 40% after GST, PST, Income and other taxes, and don't have half the services of some european countries).

      But this is another issue altogether. This could effect the way I do things, punishable by the law. So - yeah, I want to see who supports what in this whole debacle.

  9. Canadians speak up! by ubergeek65536 · · Score: 5, Informative

    If you are as pissed off about other countries trying to write our laws write your MP and the following Ministers.

    Tony Clement
    Minister of Industry
    http://www.ic.gc.ca/eic/site/ic1.nsf/eng/00093.html
    minister.industry@ic.gc.ca

    Bev Oda
    Minister of International Cooperation
    http://www.bevoda.ca/
    Oda.B@parl.gc.ca

  10. What a load of crap by SmallFurryCreature · · Score: 5, Insightful

    That is not what international law is at all. International law is the stuff that happens in The Hague and it has been around a long time and is desperately needed. It governs such silly every day things as trade. If you trade between countries (between sets of laws) which one goes? Well, that is what international law is for.

    And it is in Holland because Holland was ONCE a world-power (yes really) but lost that status but still had a need to maintain its trading empire. So while the british and other powers settled trade disputes with the law of the biggest gun(boat) Holland needed something more.

    International law is an entirely different beast then this, what we are talking about here are treaties. It may look the same, but it is fundementally different.

    In fact, the current system is so wrong because it seeks to bypass laws altogether. The media companies are waging a very complex war against basic law by trying to get a new set of laws introduced by means that were never intended. Trade treaties were supposed to be "We sell you X and you don't charge for it and we allow you sell us Y without charging tariffs on it". Not "you will subject your citizens to our laws".

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  11. This is a real threat. by Anonymous Coward · · Score: 5, Insightful

    Forget about the small ragtag bands of Middle Eastern terrorists. They aren't a real threat to freedom and democracy.

    Legislation like this, pushed by supranational organizations, is. It is a far, far bigger threat to everybody's freedom and the democracy of Western nations than any terrorist organization.