ACA, ACTRA join appeal of CRTC’s rule
WASHINGTON – The National Football League is urging the U.S. government to “retaliate” against Canada for the CRTC directive setting aside simultaneous substitution during the broadcast of the Super Bowl in Canada.
In comments provided to U.S. Department of Commerce over causes of significant trade deficits for 2016, the NFL accuses Canada of violating copyright protections owed to the United States under the North American Free Trade Agreement (NAFTA).
“Canada's discrimination against the NFL clearly violates NAFTA's intellectual property Protections”, reads the May 10 letter, addressed to Trade Promotion Coordinating Committee Secretariat director Patrick Kirwan. “In particular, it violates NAFTA Article 1703 which provides that "[e]ach Party shall accord to nationals of another Party treatment that is no less favorable than that it accords to its own nationals with regard to the protection and enforcement of all intellectual property rights"."
The letter also says that the rule is inconsistent with NAFTA Article 1705, which pertains to NAFTA governments' ability to grant intellectual property rights holders the right to transfer their rights by contract "for purposes of their exploitation and enjoyment".
“It is time for the Administration to act forcefully in the face of Canada's costly discrimination against a U.S. copyright holder” concludes the letter. “As an initial matter, Canada's action clearly warrants inclusion in the Omnibus Report on Significant Trade Deficits. In addition, if Canada persists in its discriminatory conduct, the NFL urges the Administration to exercise the full complement of U.S. rights under NAFTA.”
In related news, the Association of Canadian Advertisers (ACA) and the Alliance of Canadian Television and Radio Artists (ACTRA) have been granted intervenor status in the Federal Court of Appeal case challenging the CRTC’s simsub ban.
In a joint statement Wednesday, the organizations said that the policy has resulted in fewer work opportunities for members of Canada’s film and television sector, as well as less revenue for reinvestment back into Canadian content production.
The simsub decision is expected to face the Federal Court of Appeal later this year. Click here for more of Cartt.ca's comprehensive coverage of this issue.
