The Canadian version of the American Digital Millenium Copyright Act appears to be on it's way back to Parliament. When the bill reared it's ugly head last time the Conservatives were heavily critisized by Canadian consumers as well as arts and cultural groups for failing to consult anyone (except the large American media companies) before introducing the bill, which coincidentally helped only large American media companies.
As is to be expected in the current political climate the Conservatives have still consulted no one and the Liberals are silent on the issue. It is likely that the Conservatives are hoping to take advantage of the support (by abstention) that they've been enjoying from the Liberal opposition.
The NDP at least has weighed in on the issue:
"Industry Minister Jim Prentice may very well introduce a bill to amend existing copyright legislation before the end of the current session of Parliament in the next few weeks. Unfortunately, there is reason to believe that his bill will be no better than previous attempts, which I, along with the other members of the NDP caucus, felt failed to address the needs of consumers."
So, here we go again. Here are the address' to complain to.
Over the weekend, the Canwest papers covered the year-end Canadian digital music sales, noting that the growth is faster in Canada than in the United States. Today, Canwest is back with an article that appears across the country on how a Canadian DMCA could make "everyday habits" illegal.
ACTRA supports Jim Prentices anti-consumer copyright legislation and is angry over it's delay. As a long frequent supporter of Canadian film, television and theatre I can't help but feel that they ACTRA (who I don't believe speaks for all Canadian actors) is being short sighted and reactionary in this case. Hopefully their stance won't weaken public support for the Canadian industry.
"ACTRA called the protestors a vocal minority and said that further inaction by the government to reform the copyright laws will cause reduced investment and innovation, plus job losses in Canada's "already struggling industry.""
Fortunately the Canadian Music Creators Coalition which includes, amoung many others, the Barenaked Ladies, Sarah McLachlan, the Stars, Avril Lavigne, Feist, Sam Roberts, Sloan, Broken Social Scene, Alexisonfire, Billy Talent, Bob Wiseman, Sum 41, the New Pornographers, Chantal Kreviazuk, Matthew Good, Metric, Randy Bachman, Volcanoless in Canada and many, many others is still on the side of fans and of artists who want to control their own future.
Until now, a group of multinational record labels has done most of the talking about what Canadian artists need out of copyright. Record companies and music publishers are not our enemies, but let's be clear: lobbyists for major labels are looking out for their shareholders, and seldom speak for Canadian artists. Legislative proposals that would facilitate lawsuits against our fans or increase the labels' control over the enjoyment of music are made not in our names, but on behalf of the labels' foreign parent companies.
By the way, if you're a musician and would like to add yourself or your band to the CMCC's list just send them an email.
Discussion has headup up recently on the topic of copyright/copyleft and downloading. John Paolozzi at Radio 3 and I were talking about this on the Radio 3 blog in the wake of yet another collapsed copyright bill. A bill, I should add, that failed because it was only a business document that took neither artists nor comsumers into account.
So, with all of that in mind I have a hpyothetical for you.
It occurs to me that a person cannot steal your car if it is still a pile of parts in a factory in Windsor and you cannot download an album that hasn't been made yet. So what if the album went on sale before the band went into the studio. What if the band went to the core of their fan base and said
$15 will get you a copy of the album as soon as it's done - before it's on iTunes or in stores.
$25 will get you a signed copy of the album
$40 will get you a signed copy of the album, and an invite (free admission) to the CD release party (or to any single show on the tour)
$60 will get you all of the above and a limited run T-shirt available only to people who take this option.
Now let's say your 100 biggest fans take the $60 option. Another 100 take the $40 option, 200 take the $25 option, and 400 people take the $15 option. Bearing in mind that you have to actually produce all the stuff you've offered (not to mention the arthritis from signing 400 CDs) that gives you $21,000 before you've even gone into the studio.
Now this is just a hypothetical. Some bands will do better than this, some won't do as well. All of it will depend on the artists ability to connect with and communicate with fans and to continue to build that fan base ('one fan at a time'.) It would probably be a good idea, for example, to keep your fans informed. Give them the occasional update on how things are going. Maybe an advanced preview of what it might sound like (an early .mp3 for people who have already bought the album).
The goal though, I think, would be to get to a point where you've broken even on the CD before it's even finished and you're broken even on the CD before anyone can possibly download any of it.
"While some attendees were disappointed that Industry Minister Jim Prentice was not more responsive to the copyright questions posed at this weekend's open house, I found the comments very insightful since they provide a roadmap for how Prentice is likely to justify tomorrow's introduction of a Canadian DMCA. I expect that the launch will include some well co-ordinated laudatory comments from groups like CRIA and the CMPDA, yet the Minister is likely to focus on four points to justify his "framework legislation": "
"I can’t help but wonder about the motivations behind any law introduced by this arts and culture-hating government, corporate ass-sucking government. If anyone thinks this is actually about protecting artists, I have some slightly damp land to sell them."
"All of the local media articles commemorating the 60th anniversary of the Horseshoe Tavern (officially celebrating its birthday yesterday) have run off a list of the unforgettable shows that have earned the Queen West institution its adjective "Legendary" - Golden Smog, Neutral Milk Hotel, The Rolling Stones", to name a few. And while I've seen my share of great shows there over the years - hell, over the past week - the venue's own birthday party on Thursday night was one for the ages."
A controversial bill that seeks to reform Canadian copyright laws, expected to be introduced early this week, may be quashed after a groundswell of opposition erupted over the past week. The government last week filed a notice indicating the bill would be introduced this week, leading industry experts to expect it to happen on Tuesday. But a spokesperson for Industry Minister Jim Prentice, who was to introduce the bill, said it would not happen on Tuesday and could not say if it would happen this week.
"Fair copyright in Canada found its voice. It will be silent no more," writes Michael Geist. Maybe so, but the question many artists in Canada must be wondering is... when will fair copyright in Canada start buying some effing music so they can pay their rent?
Personally, I buy alot of music, and yes I take advantage of free downloads when they're offered. I go to shows, I buy CDs, I help promote artists I like, I've suggested some measures that I think might help all artists. I believe that I'm doing everthing I (reasonably) can. I don't think that I, or anyone involved in "Fair Copyright" thinks that all music should be free and artists should work for nothing (ok maybe a few but in the end they aren't going to get their way.) I think what we want is a system that is, as the name suggests fair. Personally I'd like to see something that
Reasonably compensates artists I actually listen to and not 'the industry' as a whole.
Does not allow music industry lawyers to have access to personal date, through my ISP or otherwise.
Contains provisions for 'fair use', parody, and educational use.
Does not allow lawsuits where a single mother is fined $222,000 for 24 'illegal' songs
Dr. Michael Geist, Canada Research Chair of Internet and E-commerce Law at the University of Ottawa, has been leading a valiant effort against the DMCA (Digital Millennium Copyright Act) bill that the Conservatives and Industry Minister Jim Prentice have promised to introduce.
As far as anyone can tell, the bill which will drastically alter Canadian copyright law was written after consultation with only one person - US Ambassador to Canada David Wilkins. Canadian industry, universities, students, educators, artists, content creators and consumers were not addressed, no public consultations were held, and Mr. Prentice has refused to do any interviews or answer any questions about the bill until it is introduced in Parliament.
Geist's campaign against the bill continues to gain momentum. Many Canadians are taking the time to write to and/or call their MPs to voice their opposition. The campaign has received media attention on Computerworld, City News, and Rabble. Search Engine CBC has also been following the issue closely. Console Source has created a resources page for those who wish to express their opposition to the bill and a Facebook Group dedicated to opposing the bill has been gathering about 1,000 members a day. There is also a handy YouTube video on the topic which I've included at the bottom of this post.
I certainly oppose the DMCA bill and I have no doubt that my Member of Parliament Peggy Nash will oppose it. But, I will go further than just opposing this bill. It is long past time for this government to fall.
The 'Conservative' party was supposedly formed from a union of the Canadian Alliance and Progressive Conservative Parties. But it was really more of a take over of the Progressive Conservative Party. Other than his pet PC Peter McKay, anyone even slighty 'progressive' is not welcome in the party regardless of how their riding association feels. is not the party of John A. McDonald or even the party of Joe Clark. This is the party of George Bush and Dick Cheney.
There are direct ties between the Conservative Party of Canada and US Conservative Groups. That is, no doubt, why the Conservative Party of Canada (Hereafter referred to as the Republican Party of Canada) have towed the American line on virtually every single issue (even where those policies have demonstrably failed), right up to the current DMCA bill.
In other words (with the possible exception of the Native Land Claims issue) the Canadian Republican Party, other than being slavishly pro-American and pro-Bush has done nothing but fail Canada on any issue Canadians care about. It is past time this government came down, and the opposition parties should not allow one more single piece of legislation on any issue to go through.
If Mr. Dion does not feel comfortable, given the Harper Governments track record, in having an election then he is truly not Prime Ministerial material and needs to step down as liberal leader. The same, in principle, goes for Mr. Layton and Mr. Duceppe. Voting with the Canadian Republican Party at this point is not a vote to forestal an election, it is a vote against Canada.
