Canada reportedly caves, will extend copyright and yank James Bond out of the public domain

Michael Geist sez, "Last month, there were several Canadian media reports on how the work of Ian Fleming, the creator of James Bond, had entered the public domain. While this was oddly described as a 'copyright quirk', it was no quirk. The term of copyright in Canada (alongside TPP countries such as Japan and New Zealand) is presently life of the author plus an additional 50 years, a term that meets the international standard set by the Berne Convention. Those countries now appear to have caved to U.S. pressure as there are reports that they have agreed to extend to life plus 70 years as part of the Trans-Pacific Partnership."

If new reports out of Japan are correct, however, Canada may have caved to U.S. pressure to extend copyright term. The U.S. extended its term to life plus 70 years in 1998 in response to demands from the Disney Corporation (Mickey was headed to the public domain) and has since pressured other countries to match. NHK reports that a deal on copyright term has been reached within the TPP with countries agreeing to a life plus 70 term. Alongside Japan, Malaysia, New Zealand, and Vietnam (the TPP countries that adhere to the Berne standard), it appears that Canada has dropped its opposition to the change.

From a policy perspective, there is no credible evidence that this will do anything other than leave Canadians with 20 years of no new works entering the public domain. Indeed, many economists have examined the issue and concluded that extending the term unsurprisingly does not create an additional incentive for new creativity. Moreover, studies in other countries that have extended term have concluded that it ultimately costs consumers millions of dollars in additional royalties, most of which are sent out of the country.


Reports Indicate Canada Has Caved on Copyright Term Extension in TPP Talks
[Michael Geist]

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