Post Tagged with: "socan"

The Battle Over Tariff 8: What the Recording Industry Isn’t Saying About Canada’s Internet Streaming Royalties

The Battle Over Tariff 8: What the Recording Industry Isn’t Saying About Canada’s Internet Streaming Royalties

Over the past month, Music Canada, the lead lobby group for the Canadian recording industry, has launched a social media campaign criticizing a recent Copyright Board of Canada decision that set some of the fees for Internet music streaming companies such as Pandora. The long-overdue decision seemingly paves the way for new online music services to enter the Canadian market, yet the industry is furious about rates it claims are among the worst in the world.

The Federal Court of Appeal will review the decision, but the industry has managed to get many musicians and music labels worked up over rates it labels 10 percent of nothing. While the Copyright Board has more than its fair share of faults, a closer examination of the Internet music streaming decision suggests that this is not one of them.

The Music Canada claim, which is supported by Re:Sound (the copyright collective that was seeking a tariff or fee for music streaming), is that the Canadian rates are only 10 percent of the equivalent rate in the United States. That has led to suggestions that decision devalues music and imperils artists’ livelihood.

My weekly technology law column (Toronto Star version, homepage version) argues the reality is far more complex.

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July 29, 2014 6 comments Columns

SOCAN Seeks Millions from YouTube, Facebook, Netflix, Apple & Sony in Interim Online Music Tariff

SOCAN has filed an application with the Copyright Board of Canada for interim tariff to cover royalties for the communication to the public by telecommunication of musical works in connection with movie/tv streaming and user generated content sites. The obvious targets of the interim tariff are some of the biggest […]

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June 15, 2011 43 comments News

SOCAN Seeks Leave to Appeal Fair Dealing Decision

SOCAN has filed a motion for leave to appeal to the Supreme Court of Canada in the case involving fair dealing and online music previews.  The Federal Court of Appeal upheld the Copyright Board’s ruling that such previews could be viewed as consumer research and qualify for fair dealing consideration.

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August 16, 2010 1 comment Must Reads

Federal Court of Appeal Rules Song Previews Can Be Fair Dealing

The Federal Court of Appeal today issued an important decision confirming the broad scope of fair dealing in Canada [link not yet available].  At issue was whether "research" within fair dealing could extend to song previews that are made available on sites like iTunes where a consumer can freely listen to roughly 30 seconds of a song.  The Copyright Board of Canada ruled in 2007 that a broad and liberal interpretation of fair dealing meant that it could be included since the preview was effectively consumer research on whether to purchase the song.  SOCAN disagreed and sought judicial review.

The Federal Court of Appeal has affirmed the Copyright Board's interpretation, opening the door to many other consumer research possibilities under the current fair dealing provision.  While SOCAN argued that research should be limited to scientific-type inquiry in a formal setting, the court disagreed, stating:

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May 14, 2010 26 comments News

Why SOCAN Wanted To Keep Its Copyright Submission Secret

Howard Knopf provides his take on why SOCAN wanted to keep its copyright submission secret.  The key issue – retroactive legislative reform.

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December 10, 2009 Comments are Disabled Must Reads