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The Power of Backroom Lobbying: How the Music Industry Got a Copyright Extension

An anonymous reader writes: The Canadian government's unexpected budget decision to extend the term of copyright for sound recordings came as a surprise to most copyright watchers, but not the music industry lobby, which was ready with a press release within minutes. How did the industry seemingly know this was coming? Michael Geist reports that records show the extension is the result of backroom lobbying with monthly meetings between senior government officials and music industry lobbyists paving the way for copyright term extension without public consultation or debate.

23 of 109 comments (clear)

  1. No surprise by Zontar+The+Mindless · · Score: 4, Insightful

    Why should anyone surprised, given the industry's deep pockets and demonstrated penchant for bribery?

    IMNSHO anyone "surprised" by this outcome is naïve.

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    1. Re:No surprise by mwvdlee · · Score: 4, Insightful

      By this point, anybody who believes capitalist democracy isn't broken is just clinging on to false hope.
      Any system that depends on all players being honest and fair is doomed to fail.
      Sadly, this includes every possible system that I'm aware of.

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    2. Re:No surprise by NoKaOi · · Score: 4, Insightful

      Interesting how in some places in the world, we call it bribery and corruption. In other places, it's just "how stuff gets done."

    3. Re:No surprise by itzly · · Score: 5, Insightful

      Secret talks between government and industry isn't really democracy.

    4. Re:No surprise by davester666 · · Score: 2

      They probably also just happened to have a draft of how the legislation should be written, and just happened to be in the room with the minister and his deputies as they discussed when to roll it out.

      --
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    5. Re:No surprise by gl4ss · · Score: 2

      the real problem with copyrights is that the "interest groups" are the people benefiting from longer copyrights and most politicians continue to think so.

      however, there's the other group as well: the normal people.

      the canadians should vote for politicians who think that the people are an interest group and thus should be consulted.

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    6. Re:No surprise by Anne+Thwacks · · Score: 4, Insightful
      It is either failure to prosecute obvious bribery (lobyists bribe politicians to do illegal things) or corruption (politicans fail to make corruption illegal out of self interest).

      What ever the law, there is clear and obvious lack of morality here.

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    7. Re:No surprise by cheesybagel · · Score: 4, Insightful

      Capitalism tends to degenerate into cartels which harm the general public. Even Adam Smith knew that. To prevent this anti-trust legislation needs to be actively enforced. With the current global economy the power of the corporations has increased a lot to the point where it becomes hard for national governments to resist them. Even if that government is the US government. The unfortunate end result of this will either be chaos or a world government.

    8. Re:No surprise by Immerman · · Score: 4, Interesting

      How about mandatory 24-hour surveillance on all politicians, publicly live-streamed? Sure it's an invasion of privacy, but it's an invasion of privacy that could be mandated as the price of wielding the power we grant them. They want to watch us - who can individually do so little of significance, we should be able to watch them *MUCH* more closely.

      Of course there's a bit of a "can't get there from here" problem, but periodically opportunities for major revisions do arise.

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    9. Re:No surprise by Fire_Wraith · · Score: 3, Interesting

      To some degree also it is that one of the safeguards in the system has broken down, or is not performing as it was expected to do. Namely, the government is expected to act as a check on corporations, but we, the voters, are expected to act as the check on the government. Politicians ought to be afraid of angering the voters by engaging in corrupt activity. And yet, they're not. Who are they afraid of? They're afraid of powerful (i.e. wealthy) donors, interest and lobbying groups.

      Canada is a little different in that right now the present political troubles stem in large part from a first past the post system, when votes on the center to left are being split, while those on the right are not, leading to a majority of seats going to a minority of votes. I'm simplifying a bit, and there are money and corruption issues too, but that's the biggest problem from what I've seen. The Harper government has been able to get away with a lot of this despite consistently getting at best a plurality of votes. Hopefully the next election goes differently, though I'm not holding my breath at this point.

      The US, however, is having far more of a problem with money. The FPTP system there is an issue too, but the money is as much or moreso the current issue there.

  2. Does it really matter... by Anonymous Coward · · Score: 2, Funny

    ...when the copyright on Celine Dion's horrible music expires anyway?

    1. Re:Does it really matter... by davester666 · · Score: 2

      When you go to hell, you get to listen to it forever, and Satan doesn't have to pay any royalties...

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      Sleep your way to a whiter smile...date a dentist!
  3. here's what really happened... by Anonymous Coward · · Score: 5, Informative

    from the same site.. interesting insight into what really happened... http://www.michaelgeist.ca/201...

    the songs themselves had a longer copyright term than the recordings of them. an enterprising company started selling music that fell in that gap.. songwriters still got paid but the original distributing labels (sony, universal, etc) got left out.. they got mad and did what big companies with governments wrapped around their corporate fingers do.. they got laws changed the way they want.

  4. The lobby's doing its job by Anonymous Coward · · Score: 5, Interesting

    It's a disgusting, dirty, sordid job, and deserves all the contempt it gets.

    But the real traitors are the politicians in bed with those lobbyists. Supposedly representing the greater interest, in reality just serving their own greed.

    Those should go to jail, no less.

  5. They write both press releases by Anonymous Coward · · Score: 3, Insightful

    I'm not saying corporate lobbyists aren't burrowed like ticks into every major government, because they are. But let's be real. They were "ready with a press release within minutes" because they wrote both press releases, and read the one that fit the situation. That's how it works.

    1. Re:They write both press releases by stealth_finger · · Score: 4, Insightful

      They were "ready with a press release within minutes" because they wrote both press releases, and read the one that fit the situation. That's how it works.

      You mean the government's and their own?

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    2. Re:They write both press releases by Jason+Levine · · Score: 2

      Sort of like this? Is there, somewhere, an unpublished music industry press release decrying the release of all works into the public domain and the abolishment of copyright?

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  6. How? by Anonymous Coward · · Score: 5, Insightful

    Bribes.

    Calling it lobbying is just sugar coating it.

  7. Freudian slip by tao · · Score: 5, Insightful

    For some reason I read that as "paying the way for copyright term extension". After realising that I'd misread it I corrected myself. Then corrected myself again when I realised that the misread version makes more sense.

  8. Lobbying? Don't mince words. Someone got paid off. by TrentTheThief · · Score: 2

    Lobbying is a polite name for bribery and coercion.

    Fuck politeness.

    If you have sufficient funds, you can buy any law you want.

  9. conflict of interest by DarthVain · · Score: 2

    They can have all the secret talks they like so long as there is no conflict of interest.

    I find it hard to believe however that their isn't a conflict of interest when you have the Minister in change of copyright (Minister of Heritage or something or other, which I don't even fathom how they are in change of copyright in the first place) whole election campaign is/was predominantly funded by big media. How is that not a conflict of interest. They'll come out and say they were not influenced, and that they always believed in whatever bunk they are selling that day. It is a ridiculous farce.

  10. Copyrights vs. Patents - a compromise... by Rob+Y. · · Score: 2

    Indeed. But maybe we should choose our battles better. Copyright extension - essentially to infinity - seems silly, but the harm from it pales next to the damage being done by the patent system. Bad patents prevent you from innovating on your own ideas - that, yes, have some basis in what came before (what doesn't?). Copyrights just prevent you from 'free as in beer' access to something that we all agree isn't ours. Sure, there have been stupid cases - like Oracle's insistence to exclusive access to Java API's based on copyright. But for the most part, life and technological and cultural progress would go on fine with Mickey Mouse the exclusive property of the Disney corporation for the next millennium.

    I - along with most typical slashdotters - am in knee jerk opposition to the Trans Pacific Partnership. Why? Because of the threat that US patent standards will be extended worldwide. And the primary reason corporate lobbyists have inserted themselves into the process is more likely copyright protection. Music and movie studios - and yes, Microsoft and their ilk - want to stop content piracy in China, and other places where copyrights are not respected. I can understand that. Much as I like getting music for free, I get that it's a form of stealing. From what I gather, the TPP has now become so laden with corporate giveaways, that it may not be fixable. But a good trade agreement is certainly possible. It would certainly be better to level the environmental playing field by improving standards in China than by imposing least common denominator standards in the West. Same for worker protections. And I'm willing to believe that the TPP even attempts to do such things. But extending US patent standards to the rest of the world is least common denominator in reverse. Bad enough IMO to scuttle the deal.

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  11. Nonliteral similarity is the problem by tepples · · Score: 4, Insightful

    Bad patents prevent you from innovating on your own ideas - that, yes, have some basis in what came before (what doesn't?). Copyrights just prevent you from 'free as in beer' access to something that we all agree isn't ours.

    "We all agree"? Not everyone agreed about the ruling in Gaye v. Thicke to apply exclusive rights to the overall feel of a musical composition. Not everyone agreed about the ruling in Bright Tunes Music v. Harrisongs Music to penalize someone for having copied a melody completely by accident. What steps should a songwriter take to keep from infringing (and remain a songwriter) in this sort of legal landscape? At least expiry keeps, say, the Shakespeare estate from claiming that the entire world is guilty or liable of "nonliteral similarity". It acts as one of the checks on "stupid cases".