Fast-Track Trade Authority and the Free Trade Agreements: Implications for Copyright Law

In 2002, Congress passed the Bipartisan Trade Promotion Authority Act, which restored the presidential fast-track trade-promotion authority that had lapsed in 1994. Fast-track trade promotion authority is a means by which Congress delegates to the president a portion of its constitutional authority over international trade policy. This paper reviews the development, scope, and application of fast-track trade-promotion authority, evaluates some of the copyright provisions in key Free Trade Agreements, and concludes that the process has been effectively captured by the information and entertainment industries. There are numerous negative consequences that flow from the resulting policy environment. Not only is an expansionary copyright policy imposed on the trading partners of the U.S., but the domestic legislative process with respect to copyright legislation in the U.S. is itself short-circuited. This paper concludes that intellectual property issues should not come within the scope of the fast-track negotiating authority, that Congress should discontinue, or effectively limit, fast-track authority at the earliest opportunity; and in the short term, should reject the flawed agreements that will be submitted for its approval. Following a general overview of the fast track provisions, the Free Trade Area of the Americas (FTAA), the U.S.–Central America Free Trade Agreement, and key bilateral agreements will be discussed. Two specific digital copyright provisions contained in these agreements, the issue of temporary copying as a reproduction, and the anti-circumvention rules will then be considered

Another Look at Bill C-32 and the Access Copyright Tariff: Still Double Trouble for Higher Education

Earlier this year, the government tabled Bill C-32, proposed amendments to the Copyright Act. Following a consultation process, the Bill is widely recognized as more reasonable than its predecessor, Bill C-61. On the positive side, the bill would expand fair dealing to explicitly include education . On the other hand, the digital locks provisions of the Bill are fundamentally flawed and override many existing and proposed users rights. Also this year, Access Copyright filed a proposed tariff for the post-secondary education sector with the Copyright Board. The proposal, which includes a drastic increase in costs as well as numerous new reporting and auditing requirements has met with stiff opposition from the educational sector. Following up on his July presentation (http://ir.lib.uwo.ca/fimspres/4/), Dr. Samuel Trosow discusses the interrelated provisions of these measures and reviews the various responses from the educational community

Technology Transfer and Innovation Policy at Canadian Universities: Opportunities and Social Costs

This project examines the role of universities in transmitting knowledge in the forms of technology transfer mechanisms, intellectual property (IP) agreements and other knowledge diffusion policies

Technology Transfer and Innovation Policy at Canadian Universities: Opportunities and Social Costs

This report, supported by a Social Sciences and Humanities Research Council (SSHRC) Knowledge Synthesis Grant, critically examines the role of universities in transmitting knowledge in the forms of technology transfer mechanisms, intellectual property agreements and other knowledge diffusion policies. In reviewing and synthesizing the recent literature on the topic, we seek to provide some initial evidence-based policy recommendations in order to generally strengthen Canada‘s innovation ecosystem and more specifically to maximize the return on the nation‘s investment in higher education research and development

Mobilizing User-Generated Content for Canada’s Digital Content Advantage

The goal of the Mobilizing User-Generated Content for Canada’s Digital Content Advantage project is to define User-Generated Content (UGC) in its current state, identify successful models built for UGC, and anticipate barriers and policy infrastructure needed to sustain a model to leverage the further development of UGC to Canada\u27s advantage.This poster session is based on the report, Mobilizing User-Generated Content For Canada’s Digital Advantage (http://ir.lib.uwo.ca/fimspub/21/) and is related to the Brown Bag presentation also presented on March 23, 2011 (http://ir.lib.uwo.ca/fimspres/11/)

Mobilizing User-Generated Content For Canada’s Digital Advantage

Executive Summary: The goal of the Mobilizing User-Generated Content for Canada’s Digital Content Advantage project is to define User-Generated Content (UGC) in its current state, identify successful models built for UGC, and anticipate barriers and policy infrastructure needed to sustain a model to leverage the further development of UGC to Canada\u27s advantage. At the outset, we divided our research into three domains: creative content, small scale tools and collaborative user-generated content. User-generated creative content is becoming increasingly evident throughout the technological ecology through online platforms and online social networks where individuals develop, create and capture information and choose to distribute content through an online platform in a transformative manner. The Internet offers many tools and resources that simplify the various UGC processes and models. Social networking sites such as Facebook, Twitter, YouTube, Vimeo, Flickr and others provide functionality to upload content directly into the site itself, eliminating the need for formatting and conversion, and allowing almost instantaneous access to the content by the user’s social network. The successful sites have been able to integrate content creation, aggregation, distribution, and consumption into a single tool, further eroding some of the traditional dichotomies between content creators and end-users. Along with these larger scale resources, this study also treats small scale tools, which are tools, modifications, and applications that have been created by a user or group of users. There are three main categories of small scale tools. The first is game modifications, or add-ons, which are created by users/players in order to modify the game or assist in its play. The second is modifications, objects, or tools created for virtual worlds such as Second Life. Third, users create applications and tools for mobile devices, such as the iPhone or the Android system. The third domain considers UGC which is generated collaboratively. This category is comprised of wikis, open source software and creative content authored by a group rather than a sole individual. Several highly successful examples of collaborative UGC include Wikipedia, and open source projects such as the Linux operating system, Mozilla Firefox and the Apache platform. Major barriers to the production, distribution and aggregation of collaborative UGC are unduly restrictive intellectual property rights (including copyrights, licensing requirements and technological protection mechanisms). There are several crucial infrastructure and policies required to facilitate collaborative UGC. For example, in the area of copyright policy, a careful balance is needed to provide appropriate protection while still allowing downstream UGC creation. Other policy considerations include issues pertaining to technological protection mechanisms, privacy rights, consumer protection and competition. In terms of infrastructure, broadband internet access is the primary technological infrastructure required to promote collaborative UGC creation. There has recently been a proliferation of literature pertaining to all three of these domains, which are reviewed. Assessments are made about the most effective models and practices for each domain, as well as the barriers which impede further developments. This initial research is used as a basis for generating some tentative conclusions and recommendations for further research about the policy and technological infrastructures required to best mobilize and leverage user-generated content to create additional value in the digital economy internal and external to Canada. Policy recommendations based on this research focus on two principles: balancing the interest of both content owners and users, and creating an enabling environment in which UGC production, distribution, aggregation, and re-use can flourish