Please see (Part 1 and Part 2)
Part 2 ended with the judge suggesting that file-sharing in this case, was not copyright infringement at all…
The Copyright Board of Canada in 2003 amended the Copyright Act’s section on private copying to include language for better definition of an “audio recording medium” and to define levies on the sale of these items. (CBOC, 2003) The point of the Private Copying amendment is to allow an individual to make copies of protected material strictly for their own use, while still paying artists for their work. This money is collected via a levy placed on blank media that is collected by the Canadian Private Copying Collective (CPCC) as royalties. Read more…
Digital Music, Legal Studies, Media Technology
, CBOC, CCA, copyright, CPCC, Digital Music, Geist, WPPT
It only took the government 50 or so years to finally do something about major labels monopolizing radio by paying off the radio stations. Why would they do that? Limit consumer choice, squash the indies.
Fast-forward to tonight’s news. Rumour has it that the Apple is pitching the labels on a flat license that allows owners of the iPhone free iTunes downloads. The plan is dubbed “All You Can Eat”.
Sounds great at first: lots of choice for consumers, simple process to get music, labels get paid and artists get paid (even more these days).
And maybe it will be.
My main concern is the question of who controls the catalogue? Apple could buy the major labels and use them as a loss leader to sell iPods and iPhones, so payola is out of the question. They may threaten to withhold catalogues, but that probably won’t work either. Hopefully, they won’t figure out how to game the iTunes system. Nude pictures of Steve-o?
My first reaction was that this was going to be a real crap deal for independent artists and labels. If you are on iTunes, great. Not on iTunes? You’ve got a problem.
For years, the labels have been competing with free. Why pay for a CD or download when you can fill your iPod with hot tunes for $0.00? (plus broadband charges – but that’s another story)
So now anyone not on iTunes is competing with free. (plus iPhone and data charges)
If this works out, then the next logical step is for the big ISPs to offer similar offers. Get Roadrunner and get free iTunes downloads! Get Rogers and get…. nevermind. I’ll save that rant for another post.
Digital Music, Media Technology
iphone, iTunes, payola
I attended the SXSW Interactive Conference in Austin, Texas last week. I was very unfortunately unable to attend the music portion of the festival, but from what I hear it was more doom, gloom and whining from the major labels. CD sales are down again this year.
I do feel for the artist that simply must accept that people, probably their fans, are stealing their music. I would probably be pissed off too.
Some people within and without the music business argue that giving away your music for free is great publicity. I couldn’t agree more, but the fact is, artists have no choice. There is a big difference between giving and taking.
So I say “give it”. Give all the studio recordings away. It’s over. Let it go.
Stop trying to sell your marketing. Read more…
Digital Music, Filemobile, Media Technology, Online Advertising, Social Media
fan club, Filemobile, free music, labels, marketing, serj tankian, video
Part one of this essay ended with the CRIA (Canadian Recording Industry Association) was putting forth a motion to force ISPs to give up the names of P2P file-sharers.
On this motion, the CRIA provided an affidavit from Gary Millin, President of MediaSentry, a company that specializes in detecting the distribution of materials on P2P networks. The record labels supplied MediaSentry with the names of songs that were to be investigated. The company then searched for and downloaded the songs, matched the sources of the files to specific IP addresses and took screenshots of the users shared folders to show the volume of copyrighted material being made available for download. Read more…
Digital Music, Legal Studies, Media Technology
CRIA, DMCA, file sharing, Finckenstein, ISPs, PIPEDA, privacy, RIAA, WIPO, WPPT
Short answer: yes.
Well, it is more accurate to say that file-sharing is not illegal in Canada.
In 2005, I wrote and essay: “Copyright v. Privacy: A Review of the Legal War Between Record Labels and File Sharing from a Canadian Perspective”. I am going to review it here, in my blog and discuss what has happened since. Here is part one of the essay:
In February of 2004, the Canadian Recording Industry Association (CRIA) filed a federal lawsuit against 29 alleged file sharers for copyright infringement and requested their identities from the five major Canadian Internet Service Providers (ISPs). This was the first suit brought by the record label trade group against individual peer-to-peer (P2P) file sharers whom the CRIA claim have caused the loss of millions of dollars and dozens of jobs in the Canadian music industry. Citing privacy concerns, the ISPs refused. The CRIA proceeded to file a motion in the federal court to order the ISPs to disclose their clients’ private information. Read more…
Digital Music, Legal Studies, Media Technology
CRIA, DMCA, file sharing, Finckenstein, ISPs, PIPEDA, privacy, RIAA, WIPO, WPPT
