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

Canadian Rules Rain on Cloud Music Parade: Why New Services Unlikely To Come To Canada Anytime Soon

Apple has once again captured the attention of the Internet world with the unveiling of the iCloud, an online backup system that will allow users to instantly store their content on Apple computer servers so that they can be accessed anywhere from any device.

The most notable element of the iCloud is the iTunes Match service that gives users cloud-based access to their full digital music libraries. This includes songs purchased on iTunes as well as any other music files, which will be identified by Apple and made available without the need to upload the copy. Itunes Match has obtained the blessing of the major record labels, who will reportedly receive the lion’s share of the service’s US$24.95 annual fee.

The Apple announcement comes on the heels of newly launched music cloud services from Internet giants Amazon and Google. The Amazon Cloud Player allow users to upload their own music to Amazon’s computer servers and to stream it to any device, while Music Beta by Google similarly involves uploading music files for streaming access. Neither Amazon nor Google obtained licenses for their services, relying instead on their users’ fair use rights to shift their music to the “cloud.”

While the licensing approaches differentiate Apple from its competitors, my weekly technology law column (Toronto Star version, homepage version) argues all three cloud music services share a common characteristic when it comes to Canada – none are likely to be available here anytime soon.

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June 14, 2011 69 comments Columns

Canadian Rules Rain on Cloud Music Parade

Appeared in the Toronto Star on June 12, 2011 as Forecast Iffy for Music Cloud Services in Canada Apple has once again captured the attention of the Internet world with the unveiling of the iCloud, an online backup system that will allow users to instantly store their content on Apple […]

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June 14, 2011 Comments are Disabled Columns Archive

Governments Respond to UN Report On Three Strikes Violating International Law

More than 40 countries and delegations have responded at the Human Rights Council to the recent United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression report that criticizes three strikes/graduated response system. The response, which includes Canada as a co-signer, underscores […]

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June 13, 2011 3 comments News

Access Copyright Claims Pay-Per-Use Licences Create Incentive to Infringe

Access Copyright has issued a response to the AUCC complaint over its decision to stop issuing pay-per-use or transactional licences. The complaint arises from requests from universities to license individual works so that they can be used with payment and without risk of copyright infringement. Access Copyright is refusing to issue such licences, offering only a more expensive blanket licence that requires universities to license use of the entire repertoire. The Access Copyright response bizarrely claims that pay-per-use licences actually create incentives to infringe and that blanket licences are more appropriate in the digital economy. Never mind that Access Copyright offers transactional licences to corporate customers. Never mind that millions of cultural products are licensed individually and that the Internet and new technologies make it easier to do so. 

According to Access Copyright, since copying is now easier, a blanket licence is needed to guard against any potential uncompensated use:

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June 10, 2011 30 comments News

“A Gross Abuse of the Collective Administration of Copyright”

Howard Knopf reports that the Association of Universities and Colleges of Canada (AUCC) has filed an application to amend the Access Copyright interim tariff requiring it grant transactional or pay-per-use licences upon request. As I reported last month, Access Copyright has been denying requests by universities for transactional licences in an effort to pressure universities to force them to licence all digital materials for a far higher price. This results in a remarkable situation where universities attempt to pay to use works and Access Copyright says it won’t take their money (though it does offer pay-per-use for corporate customers).

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June 9, 2011 29 comments News