Post Tagged with: "copyright"

Internet Radio May Stream North to Canada

My weekly Law Bytes column (Toronto Star version, homepage version) focuses on the legal rules surrounding Internet radio. Internet radio consists of several types of "stations" including conventional radio stations that simulcast their signal on the Internet, community and college radio stations that use the Internet to extend their signals from small communities to the entire world, and Internet-only stations that broadcast exclusively online.  The Internet-only services are particularly intriguing as they include niche webcasters focused on content not found on mainstream AM/FM stations as well as customizable services such as Pandora and Last.fm, which help users identify new music personalized to their tastes.

Despite their popularity, there is growing fear that a recent U.S. royalty decision could effectively shut down thousands of webcasting services.  The U.S. Copyright Royalty Board recently established a new royalty scheme that dramatically increases the fees that webcasters will be required to pay to stream music online. 

Given the concern about the future viability of Internet radio in the U.S., there has been mounting speculation that some webcasters may consider setting up shop in Canada, where the U.S. rates do not apply.  For example, Mercora, a service that allows individuals to launch their own webcasts, has established a Canadian site that falls outside U.S. regulatory and royalty rules.

Webcasters considering a move to Canada will find that the legal framework for Internet radio trades costs for complexity.  There are two main areas of concern from a Canadian perspective – broadcast regulation and copyright fees.

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April 9, 2007 10 comments Columns

Internet Radio May Stream North to Canada

Appeared in the Toronto Star on April 9, 2007 as Web Radio May Stream North To Canada Online radio is one of the Internet's quiet success stories.  While podcasting and Internet video garner the lion share of attention, webcasting has emerged as a major force with millions tuning in daily […]

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April 9, 2007 5 comments Columns Archive

Thinking Outside the Canadian Copyright Box

The Hill Times this week features my special opinion piece on copyright issues (Hill Times version (sub req), homepage version). The column calls attention to Bruce Lehman's recent acknowledgement that "our Clinton administration policies didn't work out very well." Lehman followed the criticism of U.S. policy by issuing a challenge to Canada, urging policy makers and political leaders to think outside the box on future reform.  Lehman argued that Canada was well-positioned to experiment with new approaches consistent with international copyright law and I add that there are some obvious differences between Canada and the U.S. including our trade differences (copyright exporter vs. importer) and the success of the Canadian music market (faster digital download sales growth, more online music sellers on a per capita basis).

Given the Canadian marketplace realities and the Lehman recommendation to chart our own course on copyright, how might Industry Minister Maxime Bernier and Canadian Heritage Minister Bev Oda respond?  I point to three possibilities.

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April 4, 2007 2 comments Columns

Thinking Outside the Canadian Copyright Box

Appeared in the Hill Times on April 2, 2007 as Thinking Outside the Canadian Copyright Box Last month, McGill University hosted an important conference on the future of copyright and the music industry.  The conference brought together music notables such as famed producer Sandy Pearlman and NDP Heritage critic Charlie […]

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April 4, 2007 1 comment Columns Archive

What If YouTube Was Sued in Canada?

My colleague Jeremy deBeer assesses the legal issues from a Canadian perspective.

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April 4, 2007 Comments are Disabled News