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I read about this yesterday and think it's cool as hell. I'm not getting why The Hip aren't already involved, though. I PM'd MAv for some insight but haven't heard from him yet.
The CCMC is a prime example of why I prefer Canadian artists.
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Although it might be a good idea.... it's an odd first post for someone to make.
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Actually, I can't support this group. The reason is right here:
"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."
In fact, the provisions in question do not allow labels to punish fans who share music, with damages of $500 to $20,000 per song.
The allow copyright owners, in general, to sue infringers, also in general. There is no distinction between commercial and non-commercial infringements, for a simple reason: a non-commercial infringement can be as financially damaging to the copyright holder, or more so, than a commercial one. The provision for statutory damages is the only thing that gives copyright owners real power to enforce their rights, as actual damages may be difficult to determine.
So the CMCC, which like most participants in the copyright debate has its myopic and blinkered gaze firmly fixed on the mp3, proposes to remove the only real protection that Canadian writers, photographers, songwriters, and other artists have against infringement.
Sorry, but I'm not okay with that. I don't condone what the record companies are up to, but I'm not in favour of throwing out protections enjoyed by artists outside the music business simply so that BNL and Sarah McLachlan can pander to their fans -- which is exactly what's going on here.
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Skippy, can you explain the reasoning behind your arguement? In terms of letting fans download songs for their own personal use, where is the damage implied? Clearly, the damage to the artist would be shown if the fan downloads entire albums without any intent of going out and purchasing the album or doing something like ripping a LiveDownloads show and putting it on the internet, but what about the music lover who wants to give a song or two a listen before making a purchase?
There are bands out there where I will go out and buy the album with no questions asked (ie Hip, Sam Roberts or some of my other favorite groups) but in a situation where I hear about a new band from a friend or acquaintance, I'd like to know what they sound like before buying one of their albums. Am I damaging them by downloading one or two songs to get a feel for what kind of music they put out? I don't feel like I am.
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My concern is with the impact of their proposal outside the music biz.
I have no problem with music fans downloading music for the reasons you describe -- sounds perfectly reasonable to me.
But that's not what the CMCC is proposing to protect. They're proposing to overturn the statutory damages provision in the copyright act, or to neuter it. That's going to have serious repercussions outside the music biz.
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I don't think this kind of thing would really count as spam anyway since it's such a damn good cause. The Hip should definately get in ont his movement and help get the power back to the artists instead of having it be hoarded by foreign record company interests who screw over both artists and fans/customers. This is excellent and should make a big difference because as the government looks at updating copyright legislation there is now a new voice to listen to with artists and our interests in mind.
Also check out Michael Geist's thoughts on it:
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Just one thing, another serious point of confusion on this issue: the fact that record companies screw artists has nothing to do with copyright.
In fact, absent strong copyright protections, artists get screwed worse.
The problem between artists and record companies is market-driven, based on an oversupply of aspiring rock stars. The record companies have the power not because of copyright laws, but because they control the means of distribution and promotion. You want to make it big, you have to sign their deal, on their terms, or they go on to the next act.
The meaningful way to fix that may be to strengthen copyright provisions, by strengthening the artists' moral rights -- the rights that can't be signed away.
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A fair point with your comments on monetary damages helping to protect the little guy, Skippy. I seem to remember an article about the song The Lion Sleeps Tonight with the heirs of the original artist finally winning their case in court after a long time of getting screwed around by the record company. If I remember correctly, the group that helped popularize the song got little in terms of payment while the record company raked in the dough.