Cramer Leads Letter to Canadian Government on Super Bowl Ads Infringing on U.S. Trade Rights

Press Release

Date: Dec. 8, 2016
Location: Washington, DC
Issues: Trade

Congressmen Kevin Cramer (R-N.D.) and Brian Higgins (D-N.Y.), co-chairmen of the House Northern Border Caucus, along with Caucus members Congressman Chris Collins (R-N.Y.) and Congresswoman Suzan DelBene (D-Wash.), are urging Canadian officials to prevent the implementation of an arbitrary regulation targeting the annual broadcast of the Super Bowl. In a letter sent to the Canadian government today, they wrote the inability to show Canadian ads during the Super Bowl would harm the ability of the National Football League (NFL) to protect the value of its programming in Canada. This violates, they wrote, Canada's trade obligations under the North American Free Trade Agreement (NAFTA) to provide key intellectual property protections to U.S. copyright owners.

"The United States maintains a close relationship with our northern neighbor, one that is built on a mutual respect for our trade laws," said Cramer. "Unfortunately, in this instance, Canadian regulators are interfering with U.S. copyright protections given to all American businesses. This rule established by the Canadian government discriminates against an American company and sets a dangerous precedent. The Super Bowl is one of the world's most televised international broadcasts, and each country must respect America's intellectual property rights laws in order to watch it."

The order issued by Canada's broadcast regulator singles out the Super Bowl for disparate treatment while all other similarly situated content continues to enjoy the benefit of a Canadian regulatory policy in place for more than 40 years. The letter said this order undermines the contractual rights between a U.S. company, the NFL, and its Canadian licensee, Bell Media, and creates serious -- and unexpected -- uncertainty in the marketplace for both. "

The Super Bowl is the most watched television program in Canada, capturing an estimated 9 million average viewers annually.

Cramer is North Dakota's at-large Congressman, and is a member of the House Energy and Commerce Committee. The House Northern Border Caucus consists of members who represent districts along the Canadian border.


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