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Canadian Copyright Law Article

Discussion in 'Off Topic [BG]' started by newbold, Oct 3, 2008.


  1. newbold

    newbold

    Sep 21, 2008
    Toronto
    Hey!

    I noticed the other thread closed, and I thought I would explain to so many of you non-Canadians how Jonyak and I aren't actually committing crimes. Somehow he thought he was stealing...but then also refuted that he supports many artists. I think i know who he is in real life...so I can say for sure that he doesn't solely download music and deprive the industry of his money.

    Filesharing is not stealing. I'm not rationalizing crime.

    Filesharing IS the control of a potential market from profits on a particular good.

    that market is me.

    With society so vastly different than 20 years ago, conventional ideas and attitudes about music are incongruent with the options and opportunities of the consumer and supporter.

    If one MAKES MONEY from a downloaded work and does not pay rights to an artist or royalties agency then THAT is theft.

    Just because I get a digital copy of Combat Rock it doesn't mean I won't buy London Calling.

    I do admit that there are an awful lot of artists that depends on selling records to pay for the record pressing itself, let alone income, but to have a hard line rule about it is insecure.

    I still really love going into record stores when I have the money, but the market is saturated with thousands of new and old artists, and sadly the market can't handle so much product being the sole or even major source of revenue for acts.

    If you vilify filesharing it most certainly will be in your best interests going forward in this increasingly media-socialized society to evaluate the business model and principles you adhere to and the habits of your particular fanbase and specific music community.

    The tools of distributing your music as a business card are at your fingertips. Your real supporters will always really support you. The only other people that exist are those that +could+ be your real supporters. Everyone else doesn't exist and them spending money on your record would probably give them a bad taste in their mouths...adding to the potential for them to only download music and never financially support artists whatsoever.

    Personally, I rarely download music but I have and I will but I am a proponent of people having the ability and right to hear and listen to all sorts of music and the internet is the best way to do it. If this opportunity was removed from people around the world, imagine how secluded and isolated people would be - musically.

    I tend to put my CDs on my computer and either make copies of CDs and trade (emphasizing the value of a hard copy) or buy more records.

    Much of my collection is live bootlegs and they're not on my computer.

    I think a hard copy is a great thing to have, and this is why I value the Vinyl Record.

    I wish I had the disposable income to buy records. Unfortunately I do not. When i did, I would spend my record money on going out to see live music, and drinking/partying.

    I would also spend my money on gas to travel between cities to go to shows.

    I'm sure many people enjoy rationalizing the criminalization of filesharers, but when it comes down to it, the restriction of rights and opportunities for people to experience life and culture withough monetarially profiting from it is oppressive and truly unjust.

    If I have the money in hand when I see your show and want to buy an album I will. I'll have already paid to see you and supported your chance to return to that venue by buying drinks or bringing more people that do the same. If I get a copy of your album and share it with people that in turn want to see you live or buy a t-shirt on your website then that shared set of files will have been a great investment to your overall success.

    Without the advent of filesharing and trading of music there are countless classic albums I would never have heard and will never hear...that I would never have bought anyway and would never have been in my presence to begin with.

    I believe that I am not in the absolute majority with my music practice, but I feel that I'm not too far from the mark.
    .r.


    Canada: Downloading music is legal

    John Borland CNET News.com

    Downloading copyrighted music from peer-to-peer networks is legal in Canada, although uploading files is not, Canadian copyright regulators said in a ruling released on Friday.

    Show related articles
    In the same decision, the Copyright Board of Canada imposed a government fee of as much as $19.20 on iPod-like MP3 players, putting the devices in the same category as audio tapes and blank CDs. The money collected from levies on "recording mediums" goes into a fund to pay musicians and songwriters for revenues lost from consumers' personal copying. Manufacturers are responsible for paying the fees and often pass the cost on to consumers.

    The peer-to-peer component of the decision was prompted by questions from consumer and entertainment groups about ambiguous elements of Canadian law. Previously, most analysts had said uploading was illegal but that downloading for personal use might be allowed.

    "As far as computer hard drives are concerned, we say that for the time being, it is still legal," said Claude Majeau, secretary general of the Copyright Board.

    The decision is likely to ruffle feathers on many sides, from consumer-electronics sellers worried about declining sales to international entertainment companies worried about the spread of peer-to-peer networks.

    Copyright holder groups such as the Recording Industry Association of America (RIAA) had already been critical of Canada's copyright laws, in large part because the country has not instituted provisions similar to those found in the US Digital Millennium Copyright Act. One portion of that law makes it illegal to break, or to distribute tools for breaking, digital copy protection mechanisms, such as the technology used to protect DVDs from piracy.

    A lawyer for the Canadian record industry's trade association said the group still believed downloading was illegal, despite the decision.

    "Our position is that under Canadian law, downloading is also prohibited," said Richard Pfohl, general counsel for the Canadian Recording Industry Association. "This is the opinion of the Copyright Board, but Canadian courts will decide this issue."

    In its decision on Friday, the Copyright Board said uploading or distributing copyrighted works online appeared to be prohibited under current Canadian law.

    However, the country's copyright law does allow making a copy for personal use and does not address the source of that copy or whether the original has to be an authorised or noninfringing version, the board said.

    Under those laws, certain media are designated as appropriate for making personal copies of music, and producers pay a per-unit fee into a pool designed to compensate musicians and songwriters. Most audio tapes and CDs, and now MP3 players, are included in that category. Other mediums, such as DVDs, are not deemed appropriate for personal copying.

    Computer hard drives have never been reviewed under that provision, however. In its decision on Friday, the board decided to allow personal copies on a hard drive until a fee ruling is made specifically on that medium or until the courts or legislature tell regulators to rule otherwise.

    "Until such time, as a decision is made on hard drives, for the time being, [we are ruling] in favour of consumers," Majeau said.

    Legal analysts said that courts would probably rule on the file-swapping issue later, despite Friday's opinion.

    "I think it is pretty significant," Michael Geist, a law professor at the University of Ottawa, said. "It's not that the issue is resolved...I think that sooner or later, courts will sound off on the issue. But one thing they will take into consideration is the Copyright Board ruling."

    Friday's decision will also impose a substantial surcharge on hard drive-based music players such as Apple Computer's iPod or the new Samsung Napster player for the first time. MP3 players with up to 10GB of memory will have an added levy of $11.50 added to their price, while larger players will see $19.20 added on top of the wholesale price.

    MP3 players with less than 1GB of memory will have only a $1.50 surcharge added to their cost.

    At about 31 million people, Canada's population is approximately one-tenth that of the United States. But Canadians are relatively heavy users of high-speed Internet connections, which make it easy to download music files. About 4.1 million Canadians were using a broadband connection at home as of the end of June 2003, according to UK-based research firm Point Topic. By comparison, US cable and DSL (digital subscriber line) subscribers totalled 22.7 million at the end of September, according to Leichtman Research Group.

    Canada has already raised the hackles of some copyright holders through its reluctance to enact measures that significantly expand digital copyright protection, as the controversial Digital Millennium Copyright Act (DMCA) has done in the United States. As a result, Canada could become a model for countries seeking to find a balance between protecting copyright holders' rights and providing consumers with more liberal rights to copyrighted works. For now, it remains unclear how other countries might be influenced by Friday's ruling.

    Geist said he believes the tariff decision could be just the tip of the iceberg for hardware makers, as Canadian regulators grapple with the full implications of the policy. Other devices, including PCs, may eventually be brought under the tariff scheme, he predicted.

    "Given that they've made a strong stand on [peer-to-peer matters], if the policy remains the same, there's little choice but to move ahead on personal computers," Geist said.

    However, a representative of the Canadian Private Copying Collective (CPCC), the group of music copyright holders that typically petitions for new media types to be added to the list, said computers were not on its agenda.

    "We have never sought a levy on computer hard drives and do not intend to do so in the future," Lucie Beaucheni, vice chair of the CPCC, said.
     
  2. RevGroove

    RevGroove Commercial User

    Jul 21, 2002
    Burlington ON Canada
    Manager, Account Services: Long & McQuade Ltd. (Burlington); MTD Kingston Basses International Emerging Artist; Bartolini Electronics Emerging Artist
    What's the date on this article? Isn't there legislation in place now that supersedes that ruling? Unfortunate, there's other ways it could have been handled...I like the $5 monthly ISP surcharge option myself...
     
  3. 12bass

    12bass

    Jan 2, 2003
    Victoria, Canada
    AFAIK Bill C-61 has never been passed, which would imply that Canada is still operating under the existing laws.
     
  4. RevGroove

    RevGroove Commercial User

    Jul 21, 2002
    Burlington ON Canada
    Manager, Account Services: Long & McQuade Ltd. (Burlington); MTD Kingston Basses International Emerging Artist; Bartolini Electronics Emerging Artist
  5. newbold

    newbold

    Sep 21, 2008
    Toronto
    We're so lucky up here in Canada that Big Media and Entertainment doesn't have its claws in the Government just yet.

    I highly suggest any American musician play in Canada. You'll have a fun tour and get a new fanbase that's more connected to the internet.

    If y'all can use the internet as the tool it was intended to be then you'll really stand to benefit from all this invented 'theft'.
     
  6. If they're going to go after music downloaders then they might as well go after those who sell music second hand (ie: ebay, salvation army, value village, garage sales). They're actually PROFITING from it.
     

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