Significant step towards USA, Canada & Mexico trade deal

10 December 2019 - Press release

Copyright provisions a mixed bag for music industry

 

A deal has been reached in the US by the Democratic Speaker of the House Nancy Pelosi with US president Donald Trump to ratify the trilateral trade deal between Canada, the USA and Mexico.

The deal's Intellectual Property (IP) Chapter has direct relevance for the music industry.

It contains:

• Provisions on 'Safe Harbour' copyright liability exemptions - an issue of concern for music publishing companies whose daily work is the licensing and valuation of music online. ICMP represents members with copyright over more than 53 million musical works on more than 200 digital service providers.

• The welcome extension of copyright term in Canada by 20 years (currently the life of the author plus 50 years, to life plus 70 years). 

The deal now requires ratification in each jurisdiction in order to be implemented.

 

John Phelan, Director General of ICMP commented:
"A significant impasse has been overcome. This deal is as crucial for the music industry as it is complex. We would warmly welcome the prospect of copyright term in Canada - it's vital that term there arrives at a level which is standard worldwide. Copyright is the bedrock of creative sectors. 

"That said, the copyright exemptions for certain online services are a troubling trait of trade talks. The industry has made every effort to provide digital music and drive its value for songwriters and composers. So-called 'Safe Harbours' risk real regress on music's value – something we'll continue to be vigilant about".

David Israelite, President & CEO, National Music Publishers Association commented:
"The U.S.-Mexico-Canada Agreement includes important copyright provisions that will greatly affect songwriters. We are encouraged by the term expansion for Canadian copyright law that is included in the deal, but remain concerned that the DMCA safe harbors in the agreement continue to devalue creators' work and protect Internet service providers who should be doing more to prevent piracy and infringement."

Margaret McGuffin, Executive Director, Music Publishers Canada commented:
"Enacting the term extension provisions of the Canada – U.S. – Mexico Agreement will ensure that Canadian songs and scores continue to be heard daily on the radio, on streaming services, in video games and in film, television and other screen-based productions around the world. It is imperative that the term extension provisions in CUSMA be enacted immediately, without any unnecessary delay and no conditions"

Brittain Ashford, Executive Director, Music Publishers Association of the United States:
"The MPA is heartened by the emphasis on increased protection for intellectual property in the new agreement, which will be a significant help in resolving some long-standing problems in the North American music market. We hope that all governmental bodies involved will see this through to a swift and successful conclusion."