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CRIA Falling ApartApril 15, 2006Drew WilsonThe CRIA (Canadian Recording Industry Association) is going through hard times. It seems as though after several bold steps failed, the industry is paying the price for it. It may explain why their last press release was published on March 15. The Sam Bulte incident last year may have kicked off the beginning of the Record industry troubles. As a result, an MP lost her seat and possibly her career. The incident was sparked shortly after the debate over two controversial reform bills ended.The CRIA then conducted a study with Pollara. The CRIA then claimed that file-sharing is the reason for lost sales. The claims were then tarnished when the full report was publicly released. Michael Geist criticised the CRIA's claims. To his surprise, Pollara responded, defending the CRIA's interpretation. Michael Geist then responded to the criticism. Pollara's move may have backfired as it fuelled speculation about connections between the polling firm and the CRIA.CRIA's Graham Henderson said that he would end the private copying levy. It's a move that would have many effects. The largest effect is the private copying collectives who receive the funds. One effect is the legal consequence of CD burning should the levy be removed. At the same time, Graham Henderson said "we don't want a private copying levy that, in effect, sanctions online theft." Many critics point out that this is confirmation that the private copying levy also applies to file-sharing.The damage done by the two incidents ran far deeper then a PR setback. Shortly after, 6 of Canada’s leading record labels quit the CRIA. According to the article, "(CRIA is) looking out for their best interest, and their best interest is multinationals that are not Canadian," said Ric Arboit, president of Vancouver-based Nettwerk Records. Nettwerk is known for top Canadian artists (such as Sum 41, Swollen Members and Avril Lavign), Save the Music Fan and funding the defence of an RIAA lawsuit. Nettwerk Records, Aquarius Records, the Children's Group, Linus Entertainment, Anthem Records and True North Records (all class "B" labels) all quit with a letter that states, "It has become increasingly clear over the past few months that CRIA's position on several important music industry issues are not aligned with our best interests as independent recording companies".The actions drew concern from the Copyright Board. According to Howard Knopf, a lawyer who defended against the CRIA, "The Board then did something quite interesting. Apparently out of concern for the Indies, it ordered CRIA to send notices to the Canadian Indies in the following language: “CRIA recently opted to change the scope of its representation of its members’ interests in the forthcoming proceedings before the Copyright Board dealing with CSI’ s proposed tariff for the reproduction of musical works by online music services. Subsequently, the Board ordered CRIA to advise you of the following:1) In these proceedings CRIA has chosen to act only on behalf of (name of each member that CRIA represents).2) As a result, CRIA will not be allowed to advance any argument or lead any evidence that relates to your situation in particular, or to the situation of any other member of CRIA that CRIA does not represent in these proceedings generally.”" The CRIA strongly opposed this.Not only is the CRIA suffering a tremendous PR blow, but are also suffering commercial blows as well. One may wonder just how Canadian the CRIA is after so much Canadian music labels left. Michael Geist comments how the C is being removed from the CRIA. He even cites these incidents while talking about Canada's 'cultural deficit'.With so much ailing the CRIA, it likely is the reason why the CRIA has been so quiet lately on the PR front. It's likely that the CRIA can't do much except go quiet and heal from this multiple disaster. Perhaps the last thing the CRIA wants to hear is 'MC Lars - Download This Song' at this point in time.
A group of popular Canadian musicians have established (PDF) the Canadian Music Creators Coalition (CMCC) in an effort to sway public policy in a direction that they believe is beneficial to consumers. Concerned by highly restrictive DRM technology and the escalation of lawsuits that target consumers, the CMCC wants to promote intellectual property law reforms that will prevent the recording industry from trampling on consumer rights: Multinational record labels are vocal in their desire for changes to copyright laws that would facilitate lawsuits against our fans and increase their control over the enjoyment of music. To our alarm, the labels advance these demands not merely on their own behalf, but in our names as necessary for the well-being of individual Canadian musicians in the digital age. Today the people who actually create Canadian music are speaking out for themselves. Comprised of leading popular musicians and groups including Barenaked Ladies, Avril Lavigne, and Sarah McLachlan, members of the CMCC have collectively won dozens of Grammy awards and have sold millions of albums. In a policy paper (PDF) available from the CMCC web site, the artists establish principles for copyright reform and condemn the exploitative tactics of the recording industry association. Describing lawsuits brought against fans as "destructive and hypocritical," the musicians take a stand against litigation and excessive statutory damages, affirming their opposition to the recording industry association's legal assault on alleged pirates: Artists do not want to sue music fans. The labels have been suing our fans against our will, and laws enabling these suits cannot be justified in our names. We oppose any copyright reforms that would make it easier for record companies to do this. The government should repeal provisions of the Copyright Act that allow labels to unfairly punish fans who share music for non-commercial purposes with statutory damages of $500 to $20,000 per song. ... If there is a threat to Canadian artists, it is not p2p downloading or sharing music but lawsuits brought by the recording industry against our fans. The CMCC also speaks out against DRM, which is characterized in the policy paper as "risky and counterproductive." The CMCC insists that DRM technologies erode Fair Use rights and increase the recording labels' control at the expense of consumer freedom. Citing the Sony rootkit fiasco, the CMCC points out that "[t]he use of digital locks is decreasing consumer confidence in entertainment products and leading to resentment of the music industry as a whole." Advocating the implementation of a "more flexible concept of Fair Use," members of the CMCC oppose DRM as well as laws against DRM circumvention: Artists do not support using digital locks to increase the labels’ control over the distribution, use and enjoyment of music or laws that prohibit circumvention of such technological measures. The government should not blindly implement decade-old treaties designed to give control to major labels and take choices away from artists and consumers. Laws should protect artists and consumers, not restrictive technologies. Consumers should be able to transfer the music they buy to other formats under a right of Fair Use, without having to pay twice. Although fans, consumer electronics companies, consumer advocacy groups, and journalists have all vocally criticized the conduct of the recording industry, this is the first time a large group of prominent musicians has articulated dissatisfaction with the attitude and policies of the major labels. Here at Ars, we frequently point out that the real target of the recording industry's anti-consumer legislation is Fair Use rights rather than piracy, and now it looks like the artists agree, but will that be enough to convince legislators?Power to the... corporations?Many believe that the support of major corporations will make or break consumer-friendly copyright reforms in the west. The Consumer Electronics Association has joined the fray with an advertisement that criticizes the recording industry, but not everybody in the consumer electronics business wants to promote the restoration or protection of Fair Use rights. Apple, for example, leverages DRM and the DMCA to perpetuate its anti-competitive lock-in practices on the digital music market, effectively blocking out competitors by selling music with the infamous (un)FairPlay DRM which is only compatible with Apple's portable music player. Many other consumer electronics companies use similar tactics, and can be expected to vocally oppose reforms designed to restore Fair Use rights.
After the CRIA's study backfiring and the major fallout of the major Canadian labels leaving the CRIA on top of the formation of the CMCC which attempts to stop DRM and Canadian lawsuits, the CRIA recently decided to fight back in the media.CRIA's (Canadian Recording Industry Association) president Graham Henderson gave a speech. He made several comments on Canada on the international front, but a bulk of it was around the WIPO treaty. Graham brought his speech back to the WIPO treaty by claiming, "WIPO rules are by their nature measured and balanced - notwithstanding the nonsense emerging from the Deadwood saloons... Canadians will continue to steal other people's property until we tell them it is wrong" .On the other hand, a recent additional provision was touted as a "Podcast killing" provision. While Graham repeatedly stated that nobody is stopping content creators from giving away their content for free online, he never made mention of thisDuring Henderson's speech, he likened Canada to "Deadwood", an HBO TV series. .
Online Rights Canada Launches Grassroots Copyright Campaign Online Rights Canada, a joint initiative of EFF and CIPPIC, has launched an important new grassroots campaign on copyright reform. With Canadian musicians speaking out in favour of balance, ORC is ensuring that individual Canadians can easily have their voice heard as well. The campaign makes it easy to write to your local MP (electronically and in print) to remind them of the dangers associated with DMCA-style copyright legislation
Support Balanced Copyright ReformDuring the last Parliament, Bill C-60 provided some sensible approaches to copyright reform in Canada, but it also left room for improvement. Rumours from Ottawa indicate that copyright reform is being discussed heavily at the moment, and that new legislation could be out within weeks. It's vital that you tell your MP that any new legislation should be an improvement on Bill C-60, not the retreat being urged by big copyright holders. Use our new mail-your-MP tool to send a letter today!
The CMCC (Canadian Music Creators Coalition) is making headway in the Canadian government recently. After Steven Page of the Barenaked Ladies made some Copyright Reform Recommendations and the CMCC sent an open letter to the ministers, it appears that the Coalition efforts is actually paying off in government. The CMCC was reportedly meeting with Canadian ministers to discuss copyright reform. Shortly after the meeting, the NDP (New Democratic Party) issued a statement. The statement said, "NDP Heritage Critic Charlie Angus (Timmins-James Bay) says the emergence of the star-studded Canadian Music Creators Coalition (CMCC) is a welcome addition to the long simmering war over copyright legislation. The Coalition is in Ottawa to meet with Industry Minister Maxime Bernier and Heritage Minister Bev Oda.The CMCC intervention comes as the government discusses legislation that could have wide-ranging impacts for music fans, educators and software innovators.
Industry Profits Up Despite Downloading The Canadian music industry isn't just surviving the mp3 revolution - it's thriving.Since 1999, mainstream record labels have enjoyed an almost 60 per cent jump in profits, due mostly to industry business changes, according to a new government report.Technology remains the "wild card" for the entertainment industry's economic future. The canadian music industry is growing faster then the country's economy, despite the setbacks it has faced from widespread illegal music downloading, according to a report commissioned by Heritage Canada. The 39-page report document reveals that between 1999 and 2004 music sales decreased by about 35 per cent - but the industry's gross domestic product contribution jumped from $243 million to $387 million. "Evidence suggests..that the (industry) has demonstrated steady growth through the 1999 to 2004 period - precisely the same period of years that have seen a significant reduction in products sales, " concludes the report, alluding to the popularity of illegal file-trading networks. The country's four major record labels made money despite a drop in sales thanks to industry consolidation, staff layoffs and improvements in production and distribution technologies. The study's producers included the recent increase in royalty payments to music publishers. Profitability has not softened the industry's stance against illegal downloaders.The Canadian Recording Industry Association(CRIA) was in Federal Court in March, seeking to force Internet service providers to release information on downloaders.The request was turned down. But not everyone in Canada's music biz agrees with CRIA's tactics.Last week, a new union of Canadian musicians - including the Barenaked Ladies, Avril Lavigne and Broken Social Scene - formed the Canadian Music Creators Coalition.They oppose the CRIA's tactics od sueing illegal downloaders and putting copy-protection tecgnologies on music. "for a very long time, we have allowed industry groups to speak on our behalf,"said Steven Page of the Barenaked Ladies." we want that time to stop." - CNS
Try as many sides might, it looks like Copyright reform isn't going to really happen right away. David Fewer of CIPPIC (Canadian Internet Policy and Public Interest Clinic) told Slyck.com, "The government is actively consulting on copyright issues. They wouldn't be doing that unless they were looking at legislation. We don't believe the government has yet taken a position on copyright or given drafting instructions, and no one has said we are going to see a bill in the fall, but all indications are that the government is looking to get itself in the position to do something along that timeframe."With copyright reform seeming to be a good distance away yet, it seems likely that the CRIA will have some time to get back on their feet after the six major Canadian labels left them. Recent movements in the media from the CRIA suggests that they aren't wasting any time. One critic titled a recent entry, "Protect artists - From Graham Henderson"
In the letter Canada's Privacy Community states, "DRM [Digital Rights Management] is used by some copyright holders ostensibly to control access to and use of copyright works. In fact, DRM technology can be used to override fundamental privacy protections. DRM typically uses surveillance to monitor and collect detailed information about people's access to and use of creative works.""Rather than consulting on privacy and considering copyright law reforms that would protect Canadians from the use of DRM (as an increasing number of commentators have suggested we should do), our former government proposed copyright reforms that would provide protection for DRM. Proposed 'anti-circumvention' provisions would make it illegal for people to circumvent copyright holders' DRM. Such legal provisions could cripple Canadians' ability to protect their privacy and to enjoy copyright works in private, free from copyright holders' DRM 'spyware'.""We seek assurance that: 1) any proposed copyright reforms will prioritize protection by including a full privacy consultation and a full impact assessment with the introduction of any copyright reform bill;2) any proposed anti-circumvention provisions will create no negative privacy impact; and3) any proposed copyright reforms will include pro-active privacy protections that, for example, enshrine the rights of Canadians to access and enjoy copyright works anonymously and in private."
Dear Ministers,Re: Copyright LegislationI am writing on behalf of over one-half million members of the Canadian Federation of Students.In the next year, Parliament will likely examine a Bill to amend the Copyright Act. Students in Canada are greatly concerned about reasonable access to information and knowledge as digital technology increasingly plays an instrumental role in learning and research. Canada’s students have concerns with respect to calls from other stakeholders for legislation that would restrict access to materials on the internet and impose unwarranted and unmanageable fees on libraries, educational institutions and students. We are writing to urge the Canadian government to reject proposals for restrictive copyright laws, and to instead embrace policies that will support Canada’s vibrant and open knowledge community.
In recent years, the Canadian copyright industries have outperformed the U.S. with respect to growth rates and contribution to national employment. These facts are worth noting when critics of Canadian copyright law claim that Canada needs to emulate U.S. policy in order to achieve economic success.The report's authors were clearly surprised when the economic data contradicted their stated thesis. Warning that "these findings should be treated with caution," the study reports that the Canadian sound recording industry grew steadily from 1999 to 2004, with the GDP contribution jumping from $243 million to $387 million.Given that a 10-per-cent reduction in employment is unlikely to inject an extra $150 million into the Canadian economy, the report's authors might instead have considered the fact that Canadian music labels have enjoyed unprecedented success in recent years. With the major foreign multinationals reporting 20-per-cent employment reductions, the data suggest that Canadian record companies, who are responsible for 90 per cent of new Canadian releases, are providing a counterbalance to the multinationals' struggles.With the economic success of copyright industries, the strong Canadian performance in comparison to the U.S., and the exciting economic growth of the sound recording sector, this Canadian Heritage-commissioned study may leave Canadian Heritage Minister Bev Oda and Industry Canada Minister Maxime Bernier wondering why there is any reason to mess with a Canadian success story.
While Graham Henderson, president of the CRIA (Canadian Recording Industry Association) has mentioned many times that Canada needs to put in legislation that mirrors that of US copyright law, other groups such as the CMCC (Canadian Music Creators Coalition) and (now) the Coalition of Canadian Art Professionals seem to disagree directly or indirectly. All these groups seem to be passionate about Canadian art and its relationship with up and coming copyright legislation, yet they encompass very different opinions on how to protect art and the artists - a clear sign that this debate has no clear answers.So now that this Coalition has sent an open letter, what are the points being made? FAIR ACCESS TO COPYRIGHTED MATERIAL LIES AT THE HEART OF COPYRIGHT.Creators need access to the works of others to create. Legislative changes premised on the “need” to give copyright owners more control over their works must be rejected.ARTISTS AND OTHER CREATORS REQUIRE CERTAINTY OF ACCESS.The time has come for the Canadian government to consider replacing fair dealing with a broader defense, such as fair use, that will offer artists the certainty they require to create.ANTI-CIRCUMVENTION LAWS SHOULD NOT OUTLAW CREATIVE ACCESS.Laws that privilege technical measures that protect access to digital works must be rejected. The law should not outlaw otherwise legal dealings with copyrighted works merely because a digital lock has been used. Artists work with a contemporary palette, using new technology. They work from within popular culture, using material from movies and popular music. Contemporary culture should not be immune to critical commentary."Certainly, these demands by this group which represent intellectual property creators share similar concerns as expressed by the CMCC just two months earlier, another group which represents artists. The difference is that the Coalition of Canadian Art Professionals is more focused on fair dealing, or what the US version of this is, "fair use". In fact, fair use is actually specifically mentioned as an example to protect creator’s interests. At the same time, both the CMCC and the Coalition of Canadian Art Professionals reject the need to legally prevent anti-circumvention and most of them are supporting the philosophy of fair dealings and fair use
The Harper government's Federal Accountability Act has served as the centrepiece for bringing greater accountability and transparency to the workings of the federal government. While that legislation may have an impact, new documents pertaining to the March 2 event, obtained under an Access to Information Act request, provide a compelling illustration of the power still wielded by lobby groups. It envisioned a meeting with the Canadian Heritage Deputy Minister Judith LaRoque, two hours of presentations from speakers sympathetic to CRIA's position, lunch with deputy ministers from Heritage, Industry, and International Trade, and a private meeting with the soon-to-be named Minister of Canadian Heritage. The presentations lamented the absence of criminal sanctions from Bill C-60 and dismissed privacy concerns that have been associated with U.S.-style copyright laws as unfounded (last month, four Canadian privacy commissioners as well as dozens of privacy groups and academics, including the author, issued public letters expressing misgivings about the privacy impact of potential copyright reform). In recent weeks, several groups, including the Canadian Federation of Students, the newly-formed Canadian Music Creators Coalition, Appropriation Art: A Coalition of Arts Professionals, and the aforementioned privacy community, have stepped forward to publicly call for a balanced approach to copyright reform that puts the interests of Canadians and Canadian artists first. Lobbyist-backed closed door meetings and private lunches at taxpayers' expense do little to instill confidence that those calls are indeed being heard.
The Canadian Library Association is meeting this week in Ottawa and the association is marking the occasion by releasing a public letter to Ministers Bernier and Oda on copyright reform. Representing 57,000 library staff and thousands of libraries, the CLA recommends "caution and reflection". Should the government move on copyright, the CLA focuses on two issues - anti-circumvention legislation and fair dealing. On anti-circumvention legislation, the letter supports linking TPMs to copyright infringing purposes and warns against the privacy implications of TPMs. On fair dealing, the letter states that "Canadians will not tolerate a copyright regime that requires licenses for uses that are covered by the fair dealing provisions of the Act."
COPYLEFT EVENT TAKES SHAPE !The CRA’s Fall event has a name and very soon will have it’s own website. It will take place at Ryerson University’s new Student Campus Centre on September 28, 29 & 30th and it is being sponsored by the School of Journalism. It will open on the Thursday evening and run over Friday and Saturday. We have billed the event as opportunity for artists and creators to share information and experiences about working on/with the Internet. As announced in Briefings #35, it will feature an electronic salon showcasing some of these projects.Artists and activists from across Canada and from abroad will be on hand to discuss their work and their experiments with new forms of contracts (such as the Creative Commons licence) and innovative business models. There will also be discussions touching on the key themes of IPS and general licencing, of open source and the Internet.
The CRIA (Canadian Recording Industry Association) has demanded and lobbied the government to adopt a copyright reform that closely mirrors the United States. The CRIA also insinuated in a speech in early May that Canadian content creators are being represented by the CRIA. Never mind the 6 Major labels leaving the CRIA incident back in mid-April, and the Pollara dispute, major interests groups have stepped forward and demanded a copyright reform that actually does not reflect what the CRIA wants. Over the months, one by one, interest groups have taken interest in the copyright debate and submitted open letters to the government demanding what the CRIA would more then likely disagree with. So one thing is clear, many organizations do not want DRM inhibiting creativity, criticism and privacy. Certainly an interesting move on these organizations part.
One of Canada's largest Internet service providers is warning its customers that Big Brother is lurking on-line, with the federal government expected to revive an Internet surveillance bill.If the legislation is reintroduced, it could allow police unfettered access to personal information without a warrant, experts warn.Bell Sympatico has informed its customers that it intends to "monitor or investigate content or your use of your service provider's networks and to disclose any information necessary to satisfy any laws, regulations or other governmental request."Bell Sympatico's new customer service agreement, which took effect June 15, is a clear signal the telecommunications industry expects the Conservative government to revive the surveillance law, said Michael Geist, an Internet law professor at the University of OttawaGeist said Bell's new customer service agreement shows that Canadian telecommunications companies are already preparing to comply with new on-line surveillance legislation.Bell Sympatico did not return calls requesting an interview.Geist fears police will be able to demand customer information from Internet providers without having to make a case before a judge, opening the door wide to an abuse of civil rights.
While many concerns have been raised over what was in Bill C-60, concerns are starting to surface over what was specifically in Bill C-74. These concerns come from the CBA (Canadian Bar Association).According to an open letter, there was a concern over "a trend by Internet service providers (ISPs) to monitor or investigate their customers' communications, similar to proposals in Bill C-74 from the 38th session of Parliament, the Modernization of Investigative Techniques Act (the Bill)."One recent article states, "One of Canada's largest Internet service providers is warning its customers that Big Brother is lurking online, with the federal government expected to revive an Internet surveillance bill.If the legislation is reintroduced, it could allow police unfettered access to personal information without a warrant, experts warn."The open letter continued, "The CBA is concerned that ISPs are amending their service agreements with customers to announce that they will "monitor or investigate" how customers user their services, and will "disclose any information necessary to satisfy any laws, regulations or other government request from applicable jurisdiction." This seems to be introducing a corporate or industry content monitoring scheme, without the necessity of prior authorization or oversight."
