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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"."

12 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. 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
  3. 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 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.

  4. 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

  5. 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.

  6. 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...

  7. 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.