Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

Copyright Board Issues Online Music Decision

The Copyright Board of Canada this afternoon issued its much-anticipated decision involving online music services.  The decision sets a tariff for the online music services to be paid for the reproduction of music.  I blogged about the hearings in the fall, which pitted the CMRRA against CRIA and the online music services. 

The Copyright Board was asked to choose between two benchmarks in establishing the tariff.  CMRRA wanted to use the recent ringtone decision as the starting point, while CRIA argued that traditional CDs served as the more appropriate starting point.  The Board sided with CRIA, ultimately arriving at a tariff of 7.9 percent of the retail price per "permanent" download (ie. a download from Apple iTunes) with a minimum payment of 5.3 cents per download. Note that CRIA also sought to become a sub-licensee of the CMRRA repertiore, but the Board rejected that request.

The decision also includes some important language with respect to private copying and DRM. 

Read more ›

March 16, 2007 18 comments News

The Viacom – YouTube Lawsuit

Text of the lawsuit here. Interesting comments from IP Democracy (noting that Viacom relies on the same laws as YouTube for two video sites it owns), Paul Kedrosky (describing it as the continuing triumph of hidebound copyright law over marketing), and Eric Goldman (on the likelihood of a settlement).  Update: […]

Read more ›

March 13, 2007 3 comments News

The Challenges of Digitization

The NY Times features a good review of the challenges associated with digitization.

Read more ›

March 12, 2007 Comments are Disabled News

Signing vs. Ratifying

With the Canadian media continuing to cover the U.S. interest in Canadian copyright law (CBC, National Post) and the Globe publishing a pair of notable responses to yesterday's Ibbitson column (CMCC members, MP Charlie Angus), it is worth expanding on one issue that I flagged in my response to the Ibbitson piece.  I commented that he had incorrectly equated signing a treaty (which represents only a supportive gesture) vs. ratifying a treaty (which creates new legal obligations).  Howard Knopf neatly characterized it as the difference between dating and marriage.

It should be noted that many countries sign but do not ratify treaties. 

Read more ›

March 8, 2007 5 comments News

Apple’s DRM Dilemma

This is a terrific article on how Apple's DRM works and where its pressure points lie in dealing with regulators, consumers, and music industry.

Read more ›

March 8, 2007 Comments are Disabled News