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Canadian Music Industry Wants Royalties on Net Usage

Dr. Zoidburg writes "Apparently Internet music and movie sharing in Canada has gained enough popularity to turn the heads of the music and movie industry. CTV has a report about a Canadian organization named SOCAN (Society of Composers, Authors, and Music Publishers of Canada) that will "ask the Supreme Court of Canada next week to force Internet service providers to pay them royalties for the millions of digital music files downloaded each year by Canadians". Says the president of the Canadian Association of Internet Providers, "Consumers could very well see an increase in their Internet costs and they could see a slowdown in the transmission speed of their Internet communications"."

18 of 572 comments (clear)

  1. we already pay through the nose for cd-r's by Barbarian · · Score: 4, Informative

    We already pay $0.25 per cd-r, "they" want to increase it to around $0.59. As an example, that would increase the take by the music industry of a 30 pack of cd-r's to $17.70, from $7.50, an increase of $10.20. I for one find it offensive that the recording industry is charging me for the right to back up my own, non-musical data, and I doubt that any of the levies collected are rightfully distributed to pornstars that most /. readers have stored in the way of movies on cd-r's. Large per GB levies have also been proposed for portable players, and if I recall correctly, if implemented, the levy on an iPod would be around $200.

    There has been a lot of opposition to the proposed $0.59 levy lately, spearheaded by large retailers, so the music industry has turned elsewhere, and that is to ISP's.

  2. Just like in the movies by Anonymous Coward · · Score: 1, Informative

    The movie/music industry corrupt out young with popularised violence.
    Corrupt our young by popularising youth sexuality.
    Corrupt our government with taxes on their so called *illegal* copied/downloaded files.
    Corrupt our laws with legal exemptions in computer tresspassing(ie riaa wants to break into your computer if they *think* you have their music).
    Have laws written that exempt them from litigation and otherwise.

    For sure its obvious that those with the technical interllect of 2 year olds are making IT/IP laws.

    *My question is, how far down the slippery slope are we?*
    Although i used to believe that systems fail because they cannot adjust to a changing world, but now IMHO I have also become to believe that regardless of a system, people will fail to pay attention to detail and thus derail any system after some time and I do feel that is what is happening in many first world legal systems.
    Since the only difference between us and those who are starving is our accumulated technology, why is that those with knowledge in technology pay no attention to politics. To have a right to wealth, one must also have a responsibility but I see no responsibility anywhere /end 2cents + RIAA tax
    ABCD

  3. Re:Could be good news by Nogami_Saeko · · Score: 2, Informative

    ABSOLUTELY.

    I would have NO PROBLEM AT ALL if royalties for music went DIRECTLY to the artist involved, and not through the record label, managers, agents, etc.

    Whatcha wanna bet that SOCAN would drop the idea in a split-second if they were unable to fill their own pockets with cash.

    Quite a wonderful scam they have going here:

    -Private Organization, doesn't have to release their books, profit information, membership list, etc.
    -Never has given out ANY of the MILLIONS of dollars they've collected in the "name of the artists".
    -No public accountability.
    -Their income is enforced by the Canadian Government by way of levies - guaranteed cash flow!

    If only every business could be so lucky.

    It's time for the Government to dissolve the levies on this sad, sad excuse for ripping off Canadian consumers.

    --
    "Nothing strengthens authority so much as silence." - Charles de Gaulle
  4. Actually... by Atragon · · Score: 3, Informative

    In canada, there's already a levy on blank CDRs which goes to the music industry...

    1. Re:Actually... by Kombat · · Score: 4, Informative

      it is legal to download songs in Canada.

      No it's not. TechCentralStation is wrong. In 1998, the Copyright Act was amended to legalize private copying of music. It specifically says that only the original media can be copied, but that the copier isn't required to own it. Basically, I can borrow your CDs and copy them, legally. Note that you cannot copy them yourself and give me the copies (though you are, of course, allowed to copy your own CDs for your own use) - I must copy them myself.

      TechCentralStation mistakenly believes that this applies to music sharing. This position has already been rebutted in other articles, because the files that you are sharing (the MP3's) are NOT the originals. They are copies taken from the owner's CD. Therefore the owner has made the copy, not you. Also, you're making a copy of a copy, which is not permitted under Section VIII of the Copyright Act.

      However, with the advent of online music stores (itunes.com, buymusic.com, etc.), now those MP3's in your shared folder could be argued to be the originals, and the people coming in and downloading them are making copies.

      You were correct, however, in stating that none of this has been tested in court yet.

      --
      Like woodworking? Build your own picture frames.
    2. Re:Actually... by aridhol · · Score: 4, Informative
      Sorry.

      According to the CCFDA, there's a fee on both - 21 cents on a regular CDR or 77 cents on an audio CDR.

      --
      I can't say that I don't give a fuck. I've just run out of fuck to give.
    3. Re:Actually... by Kombat · · Score: 3, Informative

      it damned well does make it legal to copy CDs.

      That's 100% correct.

      The fact that the CD (or songs) was transmitted from one person to another via the internet has no effect on the enforcement of the law. We pay taxes on it, therefore it's legal.

      That's 100% WRONG.

      It matters. It matters very much. Read the law yourself. Specifically, see section 80.

      --
      Like woodworking? Build your own picture frames.
    4. Re:Actually... by Anonymous Coward · · Score: 1, Informative

      Can you please provide links to these other articles that rebut the opinion? While I concede that I have not been following this issue all that closely, it seems to me that it is difficult to flatly state that Techstation or anyone else is clearly wrong in their opinion given the absence of jurisprudence or clear statutory language on the issue. At first blush, it seems to me that there may indeed be enough ambiguity in the legislation to allow one to make a reasonable argument that simple downloading (not sharing or permitting uploads) of music is permitted by the personal copying exemption in the Copyright Act.

      FYI - Here are the relevant provisions from the Copyright Act:

      80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of

      (a) a musical work embodied in a sound recording,

      (b) a performer's performance of a musical work embodied in a sound recording, or

      (c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied

      onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording.

      Limitation
      (2) Subsection (1) does not apply if the act described in that subsection is done for the purpose of doing any of the following in relation to any of the things referred to in paragraphs (1)(a) to (c):

      (a) selling or renting out, or by way of trade exposing or offering for sale or rental;

      (b) distributing, whether or not for the purpose of trade;

      (c) communicating to the public by telecommunication; or

      (d) performing, or causing to be performed, in public.

      1997, c. 24, s. 50.

    5. Re:Actually... by arkanes · · Score: 2, Informative

      You're confusing CA with the US. There's a levy on music CDs in the US - it's the same levy thats on blank audio tapes. It has NOT been extended to data CDs in the US. In Canada it was.

  5. Re:wont happen by future+assassin · · Score: 1, Informative
    (i am canadian but seriously name 3 good canadian acts other than bowie) no jan arden is not good

    Bran Van3000
    I Mother Earth
    Crash Test Dummies
    Delerium
    Esthero
    Frontline Assembly
    Bif Naked
    Skinny Puppy
    Neil Young
    Plastikman

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  6. SOCAN != RIAA by Eric+Giguere · · Score: 3, Informative

    SOCAN is a performing rights agency. It is the Canadian equivalent of BMI and ASCAP in the United States. These organizations collect money for the composers and publishers of music. They do not collect money for the recording artists. (Note that the composers and publishers are often different from the recording artists.) And they're not an industry lobby group like the RIAA.

    Eric

  7. Re:In Canada. by AC5398 · · Score: 2, Informative

    No. A judge found that if *I* borrowed a music cd from a friend and *I* ripped/burnt a copy of that music cd for *myself*, then that is perfectly legal. If a friend made a copy of his music cd and gave that copy to me, that is illegal. Downloading is not considered legal. Uploading is a definite no-no. I would like to understand why I should pay a surcharge to compensate someone else for an activity that I do NOT participate in. If suddenly I get hit with surcharges and I'm not p2p file sharing, my assumption is that music/video downloading from Kazaa or wherever is perfectly legal and I may participate in such activities to my heart's content.

  8. Re:Actually... - wrong by Anonymous Coward · · Score: 1, Informative

    >And no, there is no actual difference between the 2 types of CD-R, just how much you pay.

    Wrong, buddy. There *is* a difference. There's audio units that can record audio CDs, however these units will only accept *music* CD-Rs.

    I've been told the music CD-Rs have something pre-written on them that those units look for when trying to write on the CD.

    After all, if there wasn't any difference, why would people pay almost 10$ for 5 music CD-Rs when they can get 50 data CD-Rs for about 40$ (let's stay with the prices of good CD-Rs such as Fuji, for the sake of the argument)

    So thanks for your input, thanks for trying to help and all, but please quit now before you really fuck the facts for the others!

  9. the proposed rates (levy) in Canada by Anonymous Coward · · Score: 1, Informative

    The levy is the main reason why I purchased a MP3 player with internal hard drive now rather than wait for perhaps a newer model with more features, etc. - for an MP3 player with a 20 gig hard drive it will cost an additional $420 - hardly an "invisible" amount. Maybe they would even put the levy on internal cache memory on the player?

    For the official information on the levy people can go to http://www.cb-cda.gc.ca/tariffs/proposed/c09032002 -b.pdf for a pdf with legal details. For less formal info and background just Google.

    Did not see anyone posting this - perhaps people don't know the rates proposed. Here they are:

    (a) 60 for each audio cassette of 40 minutes or more in length;

    (b) 59 for each CD-R, CD-RW or each unit of any other type of recordable or rewritable compact disc of 100 megabytes or more of storage capacity;

    (c) $1.23 for each CD-R Audio, CD-RW Audio or MiniDisc;

    (d) 0.8 for each megabyte of memory in each removable electronic memory card, each removable flash memory storage medium of any type, or each removable micro-hard drive;

    (e) $2.27 for each DVD-R, DVD-RW, DVD+RW, DVD-RAM or each unit of any other type of recordable or rewritable DVD;

    (f) 2.1 for each megabyte of memory in each non-removable electronic memory card or each non-removable flash memory storage medium of any type incorporated into each MP3 player or into each similar device with internal electronic or flash
    memory that is intended for use primarily to record and play music;

    (g) $21 for each gigabyte of memory in each non-removable hard drive incorporated into each MP3 player or into each similar device with an internal hard drive that is intended for use primarily to record and play music

  10. Re:As a Canadian resident ... by big_groo · · Score: 2, Informative
    I'm not so sure the Supreme Court will agree to this. Satellite is different: remember we have something in CAnAdA called the CRTC. The issue with the sat. providers was that the US companies don't broadcast 'Canadian Content'. Something like 20% (or more...I used to work at a radio station and used to pull Luba and Corey Hart all the time and get in sh*t for violating Can-Con requirements) has to be Can-Con.

    Plus, the major ISP (Bell) actually has to get *permission* from the CRTC to raise rates. Let me tell you, they're not about to give money to *anyone*.

    It will be interesting to watch though...

  11. Re:Cabs, churchgoers and kids will pay license fee by akpoff · · Score: 2, Informative
    In the US schools and churches do pay (or at least are supposed to). I don't know exactly how much but I think my church budgets around $1000/annually so we can not only "perform" these copyrighted hymns but also so that we can make our own photocopies of them to pass around to the various "performers" (whether adults or children). What really burns is that I've seen numerous pieces of sheet music with the (c) symbol printed on hymns that are clearly in the public domain...sometimes it's borderline legit because a modern composer has set the hymn to a new arrangement of the music (hmm...can we say derivative work). The problem is that most churches and schools are so afraid of a lawsuit they would rather pay the blanket fee to cover the modern stuff and get the public domain stuff as part of the bargain.

    This fear of lawsuits is so strong that many corporations won't even challenge a false copyright. Have you picked up a copy of Shakespeare and looked at the backside of the title page? What's there but a (c) declaration by the publisher. On what? They clearly have a coyright on the modern introduction but not on the plays and sonnets. Brooklyn Law School published an article about this disturbing trend entitled "False Copyrights" about publishers that claim copyright on public domain works. The fear of lawsuits (or aversion to paying to lititage) has driven many universities and publishers to begin denying fair-use rights of students, faculty and authors. In many cases universities are agreeing to royalty licenses when fair use would allow them to use the materials. Publishers are requiring authors to get explicit written permission to quote the works of other authors when fair use would grant them a priori permission.

    I don't really have a problem with churches and schools paying standard tarrifs on copyright songs (we make them buy text books) but I absolutely draw the line at chilling fair use through fear of litigation and will not stand for publishers that claim copyright on public domain works.

  12. Re:wont happen by Anonymous Coward · · Score: 1, Informative

    Bryan Adams, Age Of Electric,Barenaked Ladies (!!!), Biff Naked, Blue Rodeo, Bran Van 3000, Tom Cochrane,Bruce Cockburn, Leonard Cohen, Cowboy Junkies, Deborah Cox, Crash Test Dummies, Delerium, Edwin, 54-40, Finger Eleven, Gob, Great Big Sea, Guess Who, Headstones, I Mother Earth, Diana Krall, Chantal Kreviazuk, LEN, Gordon Lightfoot, Lighthouse, Love Inc., Ashley MacIsaac, Sarah McLachlan, Holly McNarland, Joni Mitchell, Our Lady Peace, Alanis Morissette, Moist, Philosopher Kings, Sky, Sloan, Tragically Hip, treble charger,Shania Twain, David Usher, Wide Mouth Mason, Neil Young, to name a few