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

“We Don’t Have Any Choice”

Last week, the Vancouver Sun ran a lengthy article on the music industry.  It was a reasonable piece – comments from CRIA, CIRPA, and many artists presented some (though not all) perspectives.  That said, CRIA's Graham Henderson provided comments that merit a response.  According to Henderson:

We want laws that offer choice. Right now we don't have any choice and we want the ability to be able to try our business model in a digital environment and have at least the majority of people respect our wishes, recognizing all along that there are going to be people who take from us.

Leaving aside the fact that much of the copying that Henderson characterizes as "taking from us" is covered by the private copying levy that has now generated nearly $200 million since the CPCC began collecting the levy in 2000, CRIA is effectively saying that the only way the industry can offer digital music online is with DRM supported by anti-circumvention legislation.  Anyone with even the slightest familiarity with digital music in Canada recognizes that this is utter nonsense.

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September 5, 2007 5 comments News

The Rick Rubin Article

Many people have pointed to the NY Times article on Rick Rubin on the weekend – it is well worth a read, particularly the comments on the effect of the Sony rootkit debacle on established artists like Neil Diamond.

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September 5, 2007 Comments are Disabled News

Unlocking the Mysteries of Locked Cellphones

Appeared in the Toronto Star on September 3, 2007 as Unlocking the Mystery of Locked Phones From the moment of its debut, the Apple iPhone has attracted enormous attention. Its biggest impact may go beyond the consumer electronics market, however, as the iPhone has forced politicians and regulators to confront […]

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September 3, 2007 8 comments Columns Archive

CRIA Stands Alone

This week, HMV announced that it was reducing the price on hundreds of back-catalog CDs generating a surprising amount of news coverage (Post, CBC).  The move is good for everyone – the recording industry gets an important retail outlet to reduce prices on increasingly hard-to-find CDs (their largest retail outlets such as Wal-Mart do not carry many older titles), HMV gives a boost to music sales at a time when digital downloads, DVDs and video games command a growing share of the market, and consumers may find that the $20 sticker shock on some older CDs disappears. Yet leave it to CRIA to use the opportunity to spin this as a copyright reform story.  HMV said absolutely nothing about the issue, because high-priced, older CDs have little to do with P2P file sharing or copyright law.  CRIA's Graham Henderson claims, however, that "it's an effort to stem the tide of illegal downloading that threatens retailers and everyone else in the recording industry" and argues that other countries have reduced P2P through copyright reform while "a succession of Canadian governments have sat on their hands and done nothing."

Leaving aside the obvious – P2P is not down in other countries, HMV has not indicated that the reduced prices has anything to do with downloading, the Liberals introduced Bill C-60 in 2005, and that so-called "illegal downloading" often isn't illegal in Canada given the compensation that comes from the private copying levy – it is worth noting that these latest claims may drive a wedge between CRIA and one of its most important retail channels.  In this case, HMV generates millions in free publicity for sale prices and CRIA jumps in with misleading copyright claims that only serve to undermine the goodwill created by HMV. 

In many respects, this is nothing new. 

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August 30, 2007 13 comments News

The City of Totems

The City of Duncan, British Columbia is a relatively small town of about 5,000 located on Vancouver Island.  With 80 totems scattered throughout city, Duncan bills itself as the City of Totems.  Duncan has begun to generate some press coverage for adopting a new Totem Copyright Policy which apparently states that the City "holds the copyright policy on the totem collection" and that "the use of the totem images in any form requires approval from the City of Duncan."

As a matter of copyright law, this is seemingly wrong as there is no infringement of copyright for taking pictures of movies of a public sculpture or artistic work.  Section 32.2(1)(b) of the Copyright Act provides that:

it is not an infringement of copyright for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work a sculpture or work of artistic craftmanship. . . that is permanently situated in a public place of building.

Moreover, the City's claims raise further questions about whether it owns the copyright in the totems. 

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August 23, 2007 5 comments News