And we have news of yet another massive copyright infringement lawsuit in the music industry. This one takes place in Canada, and the infringed party is placing a truly massive claim on the infringing party: 50 million USD, with the possibility of it exceeding 60 billion USD. Bad news? Well, no, not really - you really need to consider the infringing party in this one. This is irony not even the ancient Greeks could imagine.
Post a Comment
Member since:
2005-07-06
I'll be surprised if the recording industry don't manage to wiggle out of having their own rules applied to them but I applaud an effort to try.
Also, in Canada, isn't there a tax on CD-Rs etc to compensate the recording industry for piracy? That would mean that if you want to copy a CD then you've kinda paid compensation for piracy before you do the copyright infringement (even if you weren't going to). automatically whereas if you're the recording industry and don't license copyright then you've not paid *anybody*. If that's the case then it's just messed up!
Member since:2009-10-29
Yes, in Canada it's true: "On March 19, 1998, new federal copyright legislation came into force. Among other things, the legislation provides for a levy to be collected on blank audio recording media.
It is called a levy (and not a tax) because it is not collected by any level of government, it is collected by a group representing the recording industry. In a letter to the Copyright Board of Canada released Monday, January 18, 1999, the five collectives that filed tariffs for a proposed levy on blank audio recording media announced the creation of the Canadian Private Copying Collective (CPCC).
The Copyright Board decides on the amount of the levy and what media it applies to. The CPCC submits its proposed levies and the Copyright Board holds hearings to hear any objections to the proposed levy amounts. Note that the Copyright Board CANNOT change the law, they can only determine the levy value and the media to which it will apply. The levy can be set for a 1- or 2-year period. So far, all of the periods set and requested have been 2 years.
The first time the Copyright Board set the levy was December 17, 1999."
So of course, I download all the music I feel like. The industry also pissed me off by making me pay a licensing fee to play music I already own at my own wedding. SOCAN's argument is that my private, invitation only wedding is a public performance.
Member since:2009-10-29
Member since:2005-07-06
"Can I legally copy music CDs for my friends?
The simple answer is NO, but you can legally copy your friend's music CD for YOUR OWN use."
It's been amusing to watch the CRIA trying to "debunk" that interpretation. It's boiled down to "No, even though you pay a levy on blank media, that doesn't give you the right to make copies. Why? Well, uh... SHUT UP!"
Member since:2005-07-06
IIRC, there is also a similar levy on photocopiers, printers, printer/copier paper, etc, for a decade or two. I know a few current and former print journalists who still get a cheque for a few hundred $ every year as a result of the levy.
The reasoning being that devices like photocopiers will inevitably be used for copyright infringement, so the levy is collected and used to compensate copyright holders for the infringement that's assumed to occur. As a result, small-scale infringement is largely treated as "de minimis" (too insignificant for the law to bother with).
I think that's a much more pragmatic/realistic approach than the RIAA/MPAA has used.
Member since:
2007-04-06
Member since:2006-07-14
Member since:
2006-01-04
Member since:
2005-08-10
Member since:2005-07-06
Ditto, couldn't happen to a more deserving group of "people."
This has been a hilariously-bad year for the CRIA. A few months back, they were in hot water because they commissioned a report concluding that Canada needs a more stringent, American-style copyright regime - except the report itself was an example of copyright infringement, since it contained significant portions of another report, without any attribution.
Member since:
2005-07-06
Member since:
2005-07-06
This practice is not limited only to Canada. Recently an artist was denied to put his song on MySpace because the copyright was claimed by Warner Brothers. The label's license had expired years ago.
"'A Girl Like You' is available for sale all over the internet. Not by Edwyn, by all sorts of respectable major labels whose licence to sell it ran out years ago and who do not account to him"
http://www.nme.com/news/edwyn-collins/47628
Member since:
2005-08-11
Member since:
2006-07-05
The Canadian Government should make the record
companies pay for pirating music. An if they
refuse to pay the fine, seize all bank accounts
and property of the music companies.
If RIAA can sue 65 year old ladies and 9 year
children for downloading music ... These companies
should be held to a higher standard and they should
pay twice as much as the standard person ... 
They should be paying closer to 120 Billion USD ...
Member since:
2006-04-19
It is not either "difficult to understand why the industry has been so reluctant to pay its bills".
They delay because they can.
I say forgive the monied interests, all of them, but do away with with the allowances of the financial systems we now have. (Punny.) Those aren't, who stand to gain, starving artists,
What is financial crises other than loss of consensus?
What is ownership but responsible handling?
The CRIA should not have ownership of money
if they cannot "handle" it out responsibly.
Neither should State have Church (or Money).
Economics alone confuses life's ecological decision-making.
The ancient Greeks? They say κρίσις (krisis), “‘a separating, power of distinguishing, decision, choice, election, judgment, dispute’”) < κρίνω (krinō), “‘pick out, choose, decide, judge’”)
Member since:
2008-12-31
Member since:2005-07-06
Member since:
2005-09-15
Aside from the delicious irony, there's justice to be
done. For so many years we've heard the recording industry wail about stolen music when all along
they were the biggest thieves of all.
Not to mention, they make every dime off of the Blood, Sweat and Tears of musicians and performers who they ensnare in outrageous contracts and usually end up owning
their creative works.
A fine isn't enough, much as I'd like to see them take a hit to the pocketbook. A year in a REAL jail should teach the thieving hypocrites a proper lesson.
Member since:
2009-05-31
Member since:
2009-03-27
I applaud the Canadian recording industry in taking the initiative in helping the American government with its stimulus package, the war in Iraq, and spreading the merits of universal health care by financing it with such largesse. Bravo!
Seriously, though: assuming that most of these artists are American, after taxes (or from the Canadian point of view, before taxes) this would probably be one of the greatest single transfers of wealth from one government to another if indeed $60 billion were ever to be exacted. Obviously that won't happen, but the thought of Chet Baker's tunes underwriting global wars is too twisted to resist.
(If historians of music ever had a thing called FUD, I think I just found it =)
Member since:
2009-12-09
I wouldn't be at all surprised to learn that this was going on everywhere else, not just Canada,as geleto pointed out by providing the link to the Edwyn Collins story.
[Grace's MYSPACE post about it is here: http://blogs.myspace.com/index.cfm?fuseaction=blog.view&friendId=81... ]
The problem is that corporations used to hold all the power, so artists had to give up copyright in order to be heard. That is no longer the case which is why the corporations are spending vast sums of money to attempt to legislate anti-progress.
They could be adapting to the new business model, but they don't understand sharing.
I've tried to gather a heap of links about ACTA in my public service blog:
http://stopusagebasedbilling.wordpress.com/2009/12/07/a-c-t-a-is-ba...
ACTA is secret for a reason. Contact your political representative to tell them you want ACTA brought into the light of day. (Scary vthought: most elected officials don't know as much as you do about ACTA.)
But ACTA has not yet come to pass; iif there is enough outcry governments will back down.
Member since:
2005-11-15
Member since:
2009-12-09
That's interesting about the paper levy, I wasn't aware of that one.
As far as the CD levy goes, I had heard a long time back that it was collected but never paid out. Does anyone know if any musicians have ever actually paid from that fund? I'm curious.
The result to consumers is that Canadians pay more for blank CDs than DVDs. I've heard various parties talking about extending the levy to all blank media, including thumb drives and DVDs. I'd expect the movie companies wouldn't like that one much. Guess they won't need it if they get ACTA passed.
Myself I feel ripped off by it because I have zillions of CDs backed up with my own digital photos and scanned family photos. (After the first time I lost six months worth of scanned and photoshopped images when my computer committed suicide I got paranoid. Now my 8Gig card can take 2,000 pictures... all I can say is i love external hard drives)
