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

Local governments gather in Whistler for this year’s UBCM convention by Province of British Columbia (CC BY-NC-ND 2.0) https://flic.kr/p/ppp6Jc

Canadian Government on Copyright Notice Flood: “It’s Not a Notice-and-Settlement Regime”

The flood of copyright notices in Canada continues to attract attention and generate concern among many Canadians. I’ve posted several pieces on the issue, including a recent post on what recipients should consider if they receive a notice. I still receive daily emails from notice recipients, with some admitting that they quickly paid the settlement in a panic and now fear that they may have opened the door to even more settlement demands. In response to this copyright abuse, I was pleased to participate in an open letter signed by many groups calling on the government to fix the loopholes in the notice-and-notice system by prohibiting the inclusion of settlement demands within the copyright notices.

A recent Metro article suggests that the government is well aware that the system is being misused. Industry Minister James Moore’s press secretary Jake Enwright emphasizes that “there is no obligation for Canadians to pay these settlements” and that the current system is “not a notice-and-settlement regime.” Those are encouraging words that come as close as the government can to tell consumers that it does not believe that settlements should be included in the notices and to hint that it does not expect Canadians to pay.

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April 29, 2015 — 14 comments — News
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
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