Canadian Cultural Policy and the NAFTA: Problems Facing the U.S. Copyright Industries
![handle is hein.journals/gwilr28 and id is 663 raw text is: NOTE
CANADIAN CULTURAL POLICY AND THE NAFTA:
PROBLEMS FACING THE U.S. COPYRIGHT
INDUSTRIES
I. INTRODUCTION
Since the early part of the twentieth century the Canadian gov-
ernment has singled out the so-called cultural industries for special
treatment.1 The special status accorded these Canadian enterprises
has been a focus for debate over U.S.-Canadian trade issues. This
Note first examines Canadian efforts, both current and historical,
to preserve cultural industries. This policy has been implemented
in large part through Canadian legislation and regulation of differ-
ent aspects of its foreign trade such as tariffs, taxes, foreign invest-
ment restrictions, and content requirements that overtly
discriminate against U.S. cultural industries.
Second, this Note examines how the Canadian government has
circumvented the national treatment aim of the North American
Free Trade Agreement (NAFTA)2 with respect to cultural indus-
tries. Pursuant to its policy of safeguarding these industries, the
Canadian government first negotiated an exemption to the princi-
pal of national treatment in the NAFTA.3 The cultural industries
1. Article 2012 of An Act to Implement the Free Trade Agreement Between Canada
and the United States defines a cultural industry as
an enterprise engaged in any of the following activities: a) the publication, distri-
bution, or sale of books, magazines, periodicals, or newspapers in print or
machine readable form but not including the sole activity of printing or typeset-
ting any of the foregoing,
b) the production, distribution, sale or exhibition of film or video recordings,
c) the production, distribution or sale of audio of video music recordings,
d) the publication, distribution or sale of music in print or machine readable
form, or
e) radio communication in which the transmissions are intended for direct
reception by the general public, and all radio television and cable television
broadcasting undertakings and all satellite programming and broadcast network
services.
An Act to Implement the Free Trade Agreement Between Canada and the United States,
ch. 65, § 2012, 1988 S.C. 1999 (1988) (Can.).
2. North American Free Trade Agreement, Dec. 17, 1992, 32 I.L.M. 289 (containing
chs. 1-9), 32 I.L.M. 605 (containing chs. 10-22) [hereinafter NAFTA]; North American
Free Trade Agreement Implementation Act, Pub. L. No. 103-182, 107 Star. 2057 (1993)
(codified at 19 U.S.C. § 3301); An Act to Implement the North American Free Trade
Agreement, ch. 44, 1991-1992-1993 S.C. 1 (Can.).
3. NAFTA, supra note 2, Annex 2106, at 702.](ViewImageLocal?handle=hein.journals/gwilr28&div=23&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Canadian Cultural Policy and the NAFTA: Problems Facing the U.S. Copyright Industries
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most