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

No Piracy billboard by Descrier (CC BY 2.0) https://flic.kr/p/faTECf

Canadian Piracy Rates Plummet as Industry Points to Effectiveness of Copyright Notice-and-Notice System

Canada’s copyright notice-and-notice system took effect earlier this year, leading to thousands of notifications being forwarded by Internet providers to their subscribers. Groups such as the Canadian Recording Industry Association argued during the legislative process that notice-and-notice would “pose a long-term problem”, yet the evidence suggested that the system could be effective in decreasing online infringement. Since its launch, there have been serious concerns about the use of notices to demand settlements and to shift the costs of enforcement to consumers and Internet providers. With Industry Canada officials emphasizing that “there is no obligation for Canadians to pay settlement demands,” it is clear that there is still a need for the missing regulations, including a prohibition on the inclusion of settlement demands within the notices.

While the problems with notice-and-notice must be addressed, the leading notice sender says that they are proving to be extremely effective in reducing piracy rates. In fact, the system has proven so successful that a consortium of movie companies now want the U.S. to emulate the Canadian approach. According to CEG TEK, there have been “massive changes in the Canadian market” under notice-and-notice. They claim that piracy rates have dropped by the following rates in Canada:

Read more ›

May 20, 2015 23 comments News
Harper Letter to Music Canada on Budget Day Confirms Copyright Extension the Product of Industry Lobbying

Harper Letter to Music Canada on Budget Day Confirms Copyright Extension the Product of Industry Lobbying

The government’s decision to extend the term of copyright for sound recordings in the budget may have taken most copyright observers by surprise, but not the music industry. I’ve posted earlier on their extensive lobbying efforts on the issue and how the extension will reduce competition, increase costs for consumers, and harm access to Canadian Heritage. The record of lobbyist meetings gives a hint of the reasons behind the extension, but a letter sent by Prime Minister Stephen Harper that I recently obtained suggests that it all it took was a letter from Music Canada President Graham Henderson to the Prime Minister.

The Harper letter was sent on April 21, 2015, the day the budget was tabled. It states:

Thank you for your recent letter regarding the copyright term for sound recordings. I have reviewed this material carefully, and share your view that the current term of copyright protection for sound recordings falls short of what is required to protect artists and ensure they are fairly compensated for their work.

Please know that, as announced today in Budget 2015, our Government will extend copyright protection for sound recordings from 50 to 70 years. The extension will be incorporated into the Budget Implementation Act, and will be in effect immediately upon passage of the legislation.

Read more ›

May 15, 2015 21 comments News
THE BATTLE OF COPYRIGHT 2011 by CHRISTOPHER DOMBRES (CC BY 2.0) https://flic.kr/p/9RQRd5

No End in Sight: CISAC Calls for Another Canadian Copyright Term Extension

I’ve written multiple posts on the government’s surprise decision to extend the term of copyright for sound recordings without public consultation or discussion (surprise, cost to consumers, limited competition, reduced access to Canadian heritage, lobbying impact). In recent days, a further implication has arisen: other groups are now demanding that the government extend other terms of copyright within the law.  If the government agrees to those demands, it would result in all works, including books and music, being locked out of the public domain for decades.

CISAC, the International Confederation of Societies of Authors and Composers, has publicly chastised the Canadian government for not also extending the term of copyright for authors to life plus 70 years. The current term of protection in Canada is life of the author plus an additional 50 years. That meets the standard found in international copyright treaties and is what is used in a wide of range of countries including Japan, New Zealand, China, South Africa. Indeed, the majority of people around the world live in systems with copyright protection of less than life plus 70 years.

Read more ›

May 14, 2015 4 comments News
Sony ATV Music Publishing by Jay Kogami (CC BY 2.0) https://flic.kr/p/hEu2s1

CMRRA Confirms Denial of Licences for Public Domain Recordings

CMRRA, the Canadian Musical Reproduction Rights Agency, recently wrote to the Toronto Star and the Hill Times to respond to one of my columns which focused on the lobbying and denial of licensing effort to stop cheaper public domain recordings from entering the Canadian market. The column reported that CMRRA had issued a “pay as you press” licence for the recordings to ensure that creators were paid for the works still in copyright. CMRRA was later ordered to stop issuing the licence.

CMRRA writes that the column’s statement that record labels ordered the denial of licences is “patently false”. Dig deeper into the letter and it becomes clear that CMRRA confirms that it denied the licence, but takes issue with the claim that it was record labels that ordered it to do so. In the case of the Beatles recordings, it was Sony/ATV, which is jointly owned by Sony and the Michael Jackson Estate that ordered the denial of licence. Sony also owns one of the world’s largest record labels.

Read more ›

May 12, 2015 2 comments News
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.

Read more ›

May 5, 2015 4 comments Columns