Post Tagged with: "term extension"

Girl in Front of Beatles Mural by James Jardine (CC BY-NC-ND 2.0) https://flic.kr/p/dbQUCt

Lobbying & Licensing: Behind the Recording Industry’s Campaign to Squeeze Out New Competitors

My recent posts on the government’s surprise budget announcement that it plans to extend the term of copyright protection for sound recordings generated considerable private feedback, with several industry sources suggesting that the change is not quite what it seems. In fact, despite painting the reform as an effort to protect the rights of artists, foreign record companies have been primarily concerned with eliminating new competitors who offer cheaper, legal public domain recordings of popular artists such as the Beatles, Beach Boys, Bob Dylan, and the Rolling Stones.

From a consumer perspective, there is little doubt that the change will lead to higher prices for music. Multiple studies on copyright term extension for sound recordings have concluded that public domain recordings encourage competition between release companies and drive down the price for consumers. The songwriters are paid either way, but the consumers win with more choice and lower priced music.

My weekly technology law column (Toronto Star version, homepage version) notes that while some artists have lent support to the government’s proposed changes, the bigger story is what has been happening behind the scenes. As new public domain-based recordings began to appear at major Canadian retailers, foreign record labels adopted a two-pronged strategy: intense lobbying for legislative changes to lock down recordings for decades and blocking royalty payments to copyright owners to keep the new competitors out of the market.

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May 5, 2015 4 comments Columns
The Honourable Shelly Glover, Minister of Canadian Heritage and Official Languages Visits the Canadian Film Centre by Canadian Film Centre (CC BY 2.0) https://flic.kr/p/oVePVb

The Power of Backroom Lobbying: How the Recording Industry Got Their Copyright Term Extension

The government’s unexpected budget decision to extend the term of copyright for sound recordings came as a surprise to most copyright watchers, but not the music industry lobby. Music Canada (formerly the Canadian Recording Industry Association) was ready within minutes with a press release, backgrounder, and quotes from musicians that were previously critical of Prime Minister Stephen Harper. How did the industry seemingly know this was coming?

The monthly lobbyist communications reports tell the story as beginning last fall, Music Canada registered lobbyist David Dyer met almost monthly with Patrick Rogers, the Director of Policy for Canadian Heritage Minister Shelly Glover. The meetings began in November at roughly the same time as Universal Music began expressing concern about the Canadian distribution of public domain Beatles records. The lobbyist registry lists meetings on November 10, November 26, December 5, February 17, and March 18. In addition, there was a meeting with James Maunder, Chief of Staff to Industry Minister James Moore on November 28th, though it is clear that Canadian Heritage had the lead on the issue.

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April 28, 2015 32 comments News
amoeba records by Chris Frewin (CC BY-NC-ND 2.0) https://flic.kr/p/5HrsCM

Competition Killer: Why the Copyright Term Extension For Sound Recordings Will Limit Consumer Choice and Increase Costs

As the negative coverage of the government’s surprise decision to extend the term of copyright for sound recordings and performances mounts (Billboard, National Post), it is worth remembering that it is Canadian consumers that will bear the costs with decreased choice and increased prices. I touch on this in my weekly technology law column (Toronto Star version, homepage version), but a more detailed discussion is warranted (see here, here, and here for previous posts on the proposed extension).

The question of competition and consumer costs was addressed in several leading European reports on intellectual property and term extension. The University of Cambridge’s Centre for Intellectual Property and Information Law reviewed the economic evidence related to term extension for sound recordings, stating:

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April 27, 2015 10 comments Columns
Analog Beatles by Kevin Dooley (CC BY 2.0) https://flic.kr/p/33PwBN

Is the Great Canadian Copyright Giveaway Really About Some Cheap Beatles Records?

The government’s surprise decision to include copyright term extension for sound recordings and performances in this week’s budget is being painted by the music industry as important for Canadian artists. But sources suggest that the real reason for the change is the result of direct lobbying from foreign record labels such as Universal Music and Sony Music, who were increasingly concerned with the appearance of public domain records from artists such as the Beatles appearing on store shelves in Canada. As discussed in this post, Canadian copyright law protects the song for the life of the author plus 50 years. However, the sound recording lasts for 50 years. That still provides decades of protection for record companies to profit from the records, but that is apparently not long enough for them.

Earlier this year, a Canadian company called Stargrove Entertainment began selling two Beatles records featuring performances that are in the public domain in Canada. The records were far cheaper than those sold through Universal Music and were picked up by retail giant Walmart, who continues to list the records on their website (Can’t Buy Me Love, Love Me Do). There were additional titles featuring the Rolling Stones, Bob Dylan, and the Beach Boys. Some of the titles are still available for sale through Walmart.

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April 23, 2015 21 comments News
Buffy-Sainte-Marie-DSC_2407 by sidrguelph (CC BY-SA 2.0) https://flic.kr/p/6NkJNh

Canadian Recording Industry: Works Entering the Public Domain Are Not in the Public Interest

On World Book and Copyright Day, it is worth noting how Graham Henderson, the President of Music Canada (formerly the Canadian Recording Industry Association) characterized the government’s decision to extend the term of copyright in sound recordings and performances:

With each passing day, Canadian treasures like Universal Soldier by Buffy Sainte-Marie are lost to the public domain. This is not in the public interest.  It does not benefit the creator or their investors and it will have an adverse impact on the Canadian economy.”

This statement raises several issues. First, it should be noted that the song Universal Soldier by Buffy Sainte-Marie is not in the public domain nor will it be entering the public domain for decades. As the songwriter, Buffy Sainte-Marie still holds copyright in the song and will do so for her entire lifetime plus an additional 50 years (Howard Knopf further explains the issue of copyright term in songs in this post).

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April 23, 2015 22 comments News