Joseph F. Turcotte, PhD

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Feature @IPilogue Post: “‘Made in America’ 2015? The TPP and the Future of Canada’s Digital Economy”

TPP-Special-Issue

“The Trans-Pacific Partnership (“TPP”) agreement pages of both the Office of the United States Trade Representative and the White House display an understandable, if not provocative, logo extolling that the trade deal is “Made in America”. For a trade deal whose negotiations spanned the length of President Obama’s term in office, this is hardly surprising: with the end of his Administration on the horizon, the President is seeking to galvanize public and political support for an initiative he has long championed. However, in the context of a deal said to “set the rules for the 21st century for trade” between 12 countries of differing levels of economic development, such a US-centric system should raise some concern. In the case of Canada and more specifically Canadian copyright law, the TPP’s merits must be measured according to the domestic needs and realities of the country’s existing industries as well as its maturing digital economy. The Government of Canada should ensure that flexibilities and exceptions available in the TPP are creatively employed to mitigate concessions made to trading partners, which international trade agreements necessarily entail.”

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IPOsgoode @IPilogue Post: ‘A Tidal Shift for the Digital Economy?’

“A decade and a half since music industry titans like the rock group Metallica launched legal action to shut down the largest (unauthorized) distributor of recorded content, the ways that fans and audiophiles are able to access music and other cultural resources appear, once again, to be in flux. 2015 has already seen the headline-grabbing launches of two new music streaming services backed by major players with deep pockets: Tidal, spearheaded by recording artist and serial entrepreneur Jay Z; and Apple Music, the revamped music service offered by the world’s most valuable company. These services are set to compete with the streaming music sector’s dominant player, Spotify, and a host of others and, in doing so, may serve as an indication of where the broader digital economy is heading as it continues to evolve.” 

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New @IPilogue Post: ‘Intellectual Property, Politicians, and the Press: Who’s Protecting the Public Good?’

“It’s hardly surprising that politicians and members of the press often find themselves at odds with one another, as the two have a long history of conflicting priorities and mandates. Yet the two entities occupy complementary and at times oppositional roles in serving the public good. The recent debate surrounding leaked information about possible copyright reforms brings this tension to the surface. It also raises the question of who is left to serve the public interest when politicians and the Press openly conflict.”

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New @IPilogue Post: ‘Canadian Digital Copyright’s Second Decade: What’s at Stake’

“For the first time in some twenty years, Canada’s copyright law framework is set for the foreseeable future. Previous attempts (in 2005, 2008, and 2010) to update the country’s copyright legislation for contemporary realities were stalled or aborted due to the problematics of successive minority governments during the mid-2000s. After attaining a parliamentary majority in 2011, the governing Conservative Party’s Copyright Modernization Act (Bill C-11) received Royal Assent on 29 June 2012. This followed a series of Supreme Court of Canada (SCC) copyright decisions between 2002 and 2012, which together form the basis of Canada’s copyright framework moving forward. However, with mandated five-year reviews of copyright law included in Section 58 of Bill-C11 (see s 92 of the Copyright Act), debates surrounding the current and future shape of Canada’s copyright regime are destined to continue in the coming years.”

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New @IPilogue Post: ‘The Future of Copyright in a Global Context’

“This past March, Toronto hosted the 55th Annual Convention of the International Studies Association (ISA). This year’s ISA Annual Convention brought together over 5300 scholars, practitioners, and students to discuss “Geopolitics in an Era of Globalization”. As intellectual property-based industries become increasingly implicated in global economic, social, cultural, and political discussions, copyright issues are becoming more complicated and contested.”

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