Trade Treaties and Photographers

Another view-from-my-office photo from a Toronto Blue Jays baseball game in Toronto, 01 July 2017. The on-field ceremony celebrated Canada’s 150th birthday.

You’ve probably heard that Canada has negotiated the so-called “NAFTA 2.0” trade treaty. This US-Mexico-Canada treaty, which has yet to be ratified, has both pros and cons for Canadians.

Chapter 20 of the proposed trade treaty has a potential benefit for Canadian photographers. Right now, Canadian copyright lasts 50 years beyond a photographer’s death. The new treaty will extend this to 70 years to match copyright law in the US. The 70-year term will also match that in other countries including the EU, UK and Australia. Canada has until the end of 2022 to implement this change.

[Added January 7, 2023: Canada implemented the 70-year copyright on December 30, 2022.]

A small benefit to photographers is that the duty-free shopping limit for shipped goods will be increased from C$20 to C$150 (Chapter 7). The $20 limit was set in the mid-1980s and is the lowest among industrialized countries. For comparison, the current duty-free limit for Americans when they receive shipped goods is US$800, even though under this proposed treaty it need only be at least US$100. (The “on-person” limit for Canadians, when you carry goods back into Canada, was never part of NAFTA and is unaffected by this new treaty.)

But note that the new C$150 limit will apply only to duty and not to sales tax. The new sales tax limit on shipped goods will be increased from C$20 to C$40 which is still ridiculously low. Any purchase up to C$40 and shipped to you in Canada will be tax-free. But if you buy a C$41 item, you’ll pay tax on the whole $41; there is no $40 deductible. (Although currently I’ve had C$50 purchases arrive without taxes.)

There doesn’t seem to be any language in the new treaty (Chapter 16) that might allow photographers to travel more freely between the US and Canada. The list of business people and professionals who can travel between the two countries with fewer restrictions is similar to the original NAFTA. It does not include (photo) journalists or photographers. A serious omission, I think.

 

Please check the date of this article because it contains information that may become out of date. Tax regulations, sales tax rules, copyright laws and privacy laws can change from time to time. Always check with proper government sources for up-to-date information.

 

Trade Treaties and Photographers

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