Columns

amoeba records by Chris Frewin (CC BY-NC-ND 2.0) https://flic.kr/p/5HrsCM

Competition Killer: Why the Copyright Term Extension For Sound Recordings Will Limit Consumer Choice and Increase Costs

As the negative coverage of the government’s surprise decision to extend the term of copyright for sound recordings and performances mounts (Billboard, National Post), it is worth remembering that it is Canadian consumers that will bear the costs with decreased choice and increased prices. I touch on this in my weekly technology law column (Toronto Star version, homepage version), but a more detailed discussion is warranted (see here, here, and here for previous posts on the proposed extension).

The question of competition and consumer costs was addressed in several leading European reports on intellectual property and term extension. The University of Cambridge’s Centre for Intellectual Property and Information Law reviewed the economic evidence related to term extension for sound recordings, stating:

April 27, 2015 — 10 comments — Columns

TRAILER PARK BOYS INTRODUCING BRIAN SCOLARO by Pemberton Music Festival (CC BY-NC 2.0) https://flic.kr/p/ow12W1

Race to the Bottom: Why Government Tax Credits For Film and TV Production Don’t Pay

The Nova Scotia government has been embroiled in a high profile controversy for the past week following its decision to slash tax credits available to film and television production in the province. The decision sparked an immediate backlash from the industry, which staged a major protest last Wednesday across from the legislature in Halifax.

While the government’s approach is certainly open to criticism – abruptly cutting the tax credits without warning may force the cancellation of long-planned productions this summer – the larger question of whether it should provide massive tax relief to the film and television industry is an important one. Eliminating or cutting the programs is politically difficult given the star power associated with film and television production, yet a growing number of studies have found that film and television tax credits do not deliver much bang for the buck.

My weekly technology law column (Toronto Star version, homepage version) notes that the widespread use of film and television production tax subsidies dates back more than two decades as states and provinces used them to lure productions with the promise of new jobs and increased economic activity. The proliferation of subsidies and tax credits created a race to the bottom, where ever-increasing incentives were required to distinguish one province or state from the other.

April 20, 2015 — 27 comments — Columns

back to drawing board by Michael Kötter (CC BY-NC-SA 2.0) https://flic.kr/p/dqQzTn

Back to the Drawing Board: Bell Drops Opt-Out Targeted Ad Program

Days after the Office of the Privacy Commissioner of Canada released its decision that found that Bell was violating Canadian privacy law with its targeted ad program, the communications giant advised that it is withdrawing its program and deleting all customer profiles. A company spokesperson stated yesterday that Bell plans to re-introduce the program using an opt-in consent approach. That would likely require more than just a change to the privacy policy since the company would need to provide customers with incentives or compensation to get much acceptance to be voluntarily tracked.

My weekly technology law column (Toronto Star version, homepage version) notes that Bell’s targeted advertising program, which creates customer profiles that include age, gender, account location, credit score, pricing plan, and average revenue per user, generated controversy from the moment it was announced in October 2013. The communications giant maintained that it complied with Canadian privacy laws, yet many clearly disagreed as the Privacy Commissioner of Canada received an unprecedented barrage of complaints.

April 14, 2015 — 2 comments — Columns

No Spam by Thomas Hawk (CC BY-NC 2.0) https://flic.kr/p/y1JmD

CRTC, Competition Bureau Enforcement Actions Show Anti-Spam Law Has Teeth

As the launch of the Canadian anti-spam law neared last spring, critics warned that enforcement was likely to present an enormous challenge. Citing the global nature of the Internet and the millions of spam messages sent each day, many argued that enforcement bodies such as the Canadian Radio-television and Telecommunications Commission and the Competition Bureau were ill-suited to combating the problem.

My regular technology law column (Toronto Star version, homepage version) notes that in recent weeks it has become increasingly clear that the CRTC and the Bureau can enforce the law against companies that send commercial emails that run afoul of the new legal standards. Those agencies have completed three enforcement actions against Canadian businesses that point to the risks of millions of dollars in fines for failing to obtain proper consent before sending commercial messages, not granting users the ability to unsubscribe from further messages, or sending false or misleading information.

April 8, 2015 — 7 comments — Columns

Bell Media - Ottawa by Obert Madondo (CC BY-NC-SA 2.0) https://flic.kr/p/qJYGtC

Why the Vertically Integrated TV Giants Are the CRTC’s Hidden Target in Pick-and-Pay Decision

The Canadian Radio-television and Telecommunications Commission last week announced much-anticipated plans to require cable and satellite companies to offer consumers basic television packages for an affordable $25 per month alongside the option of picking the television channels they want without requiring them to purchase expensive bundles.

Despite some hand wringing that the changes will lead to reduced revenues for broadcasters, my weekly technology law column (Toronto Star version, homepage version) notes that it is readily apparent that the CRTC is committed to reducing or eliminating outdated regulations in the hope of fostering a more competitive broadcast environment. Consumer choice for television channels, greater flexibility for broadcaster programming, adjustments to Canadian content requirements, and the enforcement of net neutrality rules all fall within the same broader strategy of exercising its regulatory muscle to enable a level playing field and encourage the development of globally competitive content.

What makes the latest CRTC decision particularly notable is that it identifies a new threat to a competitive broadcast environment. Much to the chagrin of many within the Canadian system, it isn’t Netflix. In recent months, seemingly everyone has had a turn taking shots at the enormously popular online video service: the Government of Ontario has called for a Netflix tax, Bell Media has asked for measures to block access to the U.S. service, and many creator groups have urged the CRTC to adopt new regulations for online media.

March 23, 2015 — 2 comments — Columns