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 Post subject: Interesting Proposal To Make Music File Sharing Legal In Canada
PostPosted: Mon Jan 07, 2008 3:05 am 
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My initial response to this is I like it.

"Canada's labels slam proposed digital tax

01/04/2008 8:15 PM, Reuters
Larry Leblanc

A revolutionary plan that would effectively legitimize file-sharing here has been slammed as "a pipe dream" by Canadian labels.

The Songwriters Assn. of Canada proposes to allow domestic consumers access to all recorded music available online in return for adding a $5 Canadian ($4.96) monthly fee to every wireless and Internet account in the country.

The SAC claims that the proposal, which has been presented to labels' bodies the Canadian Record Industry Assn. (CRIA) and Canadian Independent Record Production Assn. as well as publishers' groups, would raise approximately $1 billion Canadian ($993 million) annually. Although the SAC does not detail how revenue would be collected and distributed, it says it would go to artists, labels and publishers.

The idea doesn't strike a chord with everyone. The SAC proposal "would signal the death of paid music services in Canada," said Alistair Mitchell, CEO of Canadian music service Puretracks. "It would be saying we're just giving up on developing new models. The concept is so flawed, I don't know where to start."

"This proposal is incredibly well thought out and well constructed," acting SAC president Eddie Schwartz said. Producer/songwriter Schwartz, whose songs have been performed by Joe Cocker, Pat Benatar and Donna Summer, says the scheme would "allow people to gain access to the entire repertoire of Western music" for only $60 Canadian per year.

That, he added, "amounts to $0.16 ($0.159) per day. (Which) seems like a pretty good deal." Schwartz said it's unlikely that users with both a wireless phone and an Internet account would have to pay twice for access.

MANY HURDLES TO CLEAR

The Canadian Wireless Telecommunications Assn. estimates that Canada had 18.5 million wireless phone users and 7 million residential Internet users at the end of 2006. In 2006, according to the International Federation of the Phonographic Industry, the trade value of recorded music fell 9.1 percent to $598.7 million Canadian ($529.8 million); CDs accounted for 85 percent of that total.

CRIA president Graham Henderson said he has discussed the plan with Schwartz, but his organization is reluctant to become involved. "We don't want to pursue what amounts to a pipe dream that is presented as a quick fix," he said. "We'll lose focus on the real issues that will help us resolve the industry's problems."

Schwartz said he has received positive feedback from consumer groups. But he noted that the plan would require clearance from the Copyright Board of Canada, and the SAC has not yet taken the concept to the regulatory body.

The SAC also has yet to present its proposal to Canadian Internet service providers, although some are dismissive of the plan.

"It appears (the SAC) would ask wireless carriers and ISPs to collect this surcharge on their behalf," said a spokesman for Bell Canada, one of the country's largest telecommunications companies and the majority owner of Puretracks. "(That) would not go over well with our client base, especially with the large number already signed up for our (legal) mobile and online music services."

The Supreme Court of Canada ruled in 2004 that ISPs are not responsible for the actions of clients using their Internet services. One senior source at a Canadian ISP said, "ISPs are not required to -- nor would they -- police this kind of usage. Nor would they charge, collect and remit what is in essence a tax."

However, the proposal has received support from the Canadian Music Creators Coalition, a group of 187 acts, including the Barenaked Ladies and Avril Lavigne.

Artist Andrew Cash described the SAC suggestion in a statement on behalf of the CMCC as "the first progressive proposal we've seen in Canada to address file-sharing."

Reuters/Billboard"

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 Post subject: Interesting Proposal To Make Music File Sharing Legal In Canada
PostPosted: Tue Jan 08, 2008 3:54 am 
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It's an interesting idea, but the biggest flaw I see is that it penalizes all those internet users who aren't interested in downloading. Why should everyone pay so a relative few can reap a benefit?

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 Post subject: Interesting Proposal To Make Music File Sharing Legal In Canada
PostPosted: Sat Feb 23, 2008 6:49 am 
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http://www.songwriters.ca/studio/proposal.php

A PROPOSAL FOR THE MONETIZATION OF THE FILE SHARING OF MUSIC FROM THE SONGWRITERS AND RECORDING ARTISTS OF CANADA

Summary of proposal:

Most Canadians are aware that the Internet and mobile phone networks have become major sources of music. What they may not know is that songwriters and performers typically receive no compensation of any kind when their music is shared or illegally downloaded.

We believe the time has come to put in place a reasonable and unobtrusive system of compensation for creators of music in regard to this popular and growing use of their work.

The plan we propose would not change or interfere with the way Canadians receive their music. No one would be sued for the online sharing of songs. On the contrary, the sharing of music on Peer-to-Peer networks and similar technologies would become perfectly legal. In addition, Music Publishers and Record Labels would be fairly compensated for the crucial role they play in supporting Canadian music creators.

Canada has given the world some of the greatest music ever produced. We believe that implementing a fair way of compensating Canada’s music creators for the online sharing of their music will usher in a new Golden Age of creativity.

Note: The SAC brought forward this proposal to stimulate discussion and get feedback and we very much appreciate your input. Your comments will help to shape the discussions moving forward. Unfortunately due to unprecedented interest in this proposal we may not be able to answer every email. We hope to have a webpage launched soon that answers "Frequently asked questions" and we encourage you to return to this site to see if your questions have been answered. Thank you for offering your input and comments.

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 Post subject: Interesting Proposal To Make Music File Sharing Legal In Canada
PostPosted: Sat Feb 23, 2008 6:51 am 
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DETAILS OF PROPOSAL

1. Whereas:

An estimated 1.6 billion music files are shared online in Canada each year. 1
The total number of purchased downloads in Canada was 38 million in 2005. 2
The proportion between these two is 98 to 2 – 98% shared file and 2% purchased downloads.

We Therefore Believe:
Consumers have clearly demonstrated their wish to access music by file sharing.

2. Whereas:

Virtually every song ever recorded is available through P2P file sharing 3 (more than 79 million recordings) 4
Only 3 million songs are available on legal sites. 5
We Therefore Believe:File sharing is both a revolution in music distribution and a very positive phenomenon. The volunteer efforts of millions of music fans creates a much greater choice of repertoire for consumers while allowing songs - both new and old, well known and obscure - to be heard.

All that’s needed to fulfill this revolution in distribution is a way for Creators and rights holders to be paid.

OUR PROPOSAL

3. We propose an amendment to the Copyright Act which would establish a new right: The Right to Equitable Remuneration for Music File Sharing.

4. We define Music File Sharing as the sharing of a copy of a copyrighted musical work without motive of financial gain.

Since the new right is limited to activities that take place without motive of financial gain, parties who receive compensation for file sharing would not be covered by this right. Therefore, this new right is distinct from rights licensed by legal music sites like iTunes and PureTracks.

5. The new right would make it legal to share music between two or more parties, whether over Peer to Peer networks, wireless networks, email, CD, DVD, hard drives etc. Distinct from private copying, this new right would authorize the sharing of music with other individuals.

6. In exchange for this sharing of their work, Creators and rights holders would be entitled to receive a monthly license fee from each internet and wireless account in Canada.

7. We propose a licence fee of $5.00 per internet subscription, per month. Payment of this fee would remove the stigma of illegality from file sharing. In addition, it would represent excellent value to the consumer, since this fee would grant access to the majority of the world’s repertoire of music. Existing download subscription services generally charge considerably more than $5.00 per month, while offering a mere fraction of the file-sharing repertoire. 6

8. In addition, this would present a major financial improvement for the music industry. Since the license fee would be paid by all internet and wireless accounts, the amount of income generated annually could adequately compensate the industry for years of declining sales and lost revenues, and would dramatically enhance current legal digital music income. Sales of physical product would continue to earn substantial amounts, albeit gradually decreasing. Masters would continue to be licensed to movies and television. Radio would continue to sell advertising and pay royalties on music. 7

We believe strongly that by giving Canadian music Creators a solid business model for the 21st century, this endeavor would initiate a golden era for music in Canada. Ultimately, we see this model being adopted internationally, and we are working with Creators groups around the world to effect a global system of remuneration for the sharing of music files.

9. Existing music sites like iTunes and PureTracks would continue to be licenced directly by Creators and rights holders and would continue to develop the attractive “value added” services and security features that keep them distinct from file sharing activities.

10. The collective would track internet and wireless file sharing activity on a census basis. Virtually all sharing on the internet and wireless devices would be tracked. Companies who currently do this type of tracking have prepared themselves and are “waiting in the wings”. Creators and rights holders will be paid with a level of speed and accuracy never before possible.

11. CANADIAN COPYRIGHT AND LEGISLATIVE ISSUES
Regarding WIPO implementation, we are not opposed to the legal protection of Technical Protection Measures (TPM) or “digital locks”, however we believe the obvious economic benefits of the $5.00 per month model make such protection measures obsolete. Given the consumer aversion to TPM’s, we believe their use will inhibit the success of recordings in which they are embedded, and they will simply fall out of use.

We support Rights Management Information (RMI) protection since RMIs will assist in the identification of files and the attribution of rights without posing any problems for consumers.

The Songwriters and Recording Artists of Canada are in the process of consultation with the broader music industry, as well as consumer groups and Internet Service Providers, in order to gather support both in Canada and internationally for this proposal. We look forward to discussions with all concerned to make this proposal a reality that will be of great benefit to all.



1 CRIA news article March 02/2006. This is not an indication of how many illegal downloads take place every year, but only of how many files are shared. A particular file of a popular song could have been shared many times. Therefore the number of P2P downloads per year in Canada would likely be considerably more than 1.7 billion.

According to Big Champagne (Big Champagne tracks music use on the internet both P2P and legal) a minimum of 12 billion P2P downloads per year happen in the US. If Canada is a tenth of that the number, the P2P downloads per year in Canada would number 1.2 billion. This agrees roughly with CRIA’s estimate.

2 PricewaterhouseCoopers LLB, Global Entertainment and Media Outlook 2006-2010. PWC reports that in 2005 there were 33 million singles and 200 thousand albums downloaded. If albums average 14 songs each, then albums downloaded would represent roughly 2.8 million downloads of songs. The total song downloads would therefore be 35.8 million. In addition there were an unspecified amount of paid downloads by 10 thousand subscribers. The following could be a proxy for calculating the number of subscriber downloads.

According to a Pollara survey published in February 2006 approximately 7.5 million Canadians Download music from the internet. ( 33 million [population Canada] X 63% [percentage of Canadians with access to a PC] X 36% [the percentage who’ve downloaded music] = 7.5 million people). If as CRIA states, 1.6 billion downloads take place each year, then each of those 7.5 million downloaders downloaded on average 213 songs. If one assumes that a subscriber to a download service would act similarly, then one could estimate that the number of downloads by subscribers was 10 thousand X 213 which would equal 2.13 million. That would bring the total number of legal downloads to approximately 38 million. And that is how this figure of 38 million was derived.

3 "Virtually every title that has ever been popular with any audience, no matter how small, is available at one time or another on P2P networks…the variety of titles is limited only by the imaginations of every one of the tens of millions of P2P users." Eric Garland – Big Champagne in MacNewsWorld article June 16, 2004.

4 This figure is from a company called Gracenote. “Gracenote provides critical embedded software and metadata to businesses that enable their consumers to better manage, enjoy and discover digital media” Gracenote has created metadata for over 79 million distinct recordings.

Also, “The GDDN (the Global Documentation and Distribution Network) now provides access to more than 28 million works to the FastTrack Shareholders. It incorporates international standards such as the ISWC (International Standard musical Works Code) identifier.” Quote from the website of FastTrack the digital copyright network. http://www.fasttrackdcn.net/index.php?page=what-we-do

The FastTrack network contains little outside of the Anglo-American and European repertoire of music. So in addition to the 28 million works the network has on it’s database, (many of which have several different recordings by different artists) there are the vast repertoires of China, India, Japan, the middle east, aboriginal music of numerous countries etc.

5 There are now more than 360 legal digital music services offering over three million songs to consumers in over 40 countries. IFPI (international Federation of Phonograph Industries) Press Release. July 31/2006.

6 The major subscription download services generally charge in the $12 to $15 per month area and have limited repertoire, the largest being about 2 million songs. Music downloads reviews: http://www.consumersearch.com/www/inter ... index.html

7 The PricewaterhouseCoopers LLB, Global Entertainment and Media Outlook 2006-2010 report projects a physical music sales market of $644 million in Canada in 2010. Their hard data for 2005 has the physical music total at 743. Though this does indicate a decline over the five years, when the file sharing income is added in, overall earnings will have increased substantially.

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 Post subject: Interesting Proposal To Make Music File Sharing Legal In Canada
PostPosted: Sat Feb 23, 2008 9:35 am 
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9. Existing music sites like iTunes and PureTracks would continue to be licenced directly by Creators and rights holders and would continue to develop the attractive “value added” services and security features that keep them distinct from file sharing activities.


If I were paying a $5 per month fee, I would no longer use iTunes.

Honestly, I have no objection to a plan like this (although it's obvious that many people will complain about it, rightfully.) Should people who don't use the Internet for the delivery of music be forced to pay for those who do? When you think about it, a homeowner pays school taxes whether s/he has a child in school or not. I would assume the logic is that everyone is chipping in on something that is deemed to be for the "greater good." I view making music sharing legal as something that IS for the "greater good."

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 Post subject: Interesting Proposal To Make Music File Sharing Legal In Canada
PostPosted: Sat Feb 23, 2008 10:29 am 
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I don't do much file sharing over the Internet, almost none, really. I think $5/month is too much. I'd be willing to go with something much smaller, like 50 cents per month. OTOH maybe I'd do a lot more downloading if I were paying that much.

I think Jon's right that people would stop using iTunes and other pay downloading services. So I expect they would fight this kind of thing tooth and nail.


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 Post subject: Interesting Proposal To Make Music File Sharing Legal In Canada
PostPosted: Mon Feb 25, 2008 2:32 am 
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I'm good with this, but people who don't download music would be furious if forced to pay the fee. If it was optional, i would gladly pay it.

Of course even if Canada approves this, the US labels would never go for it.

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 Post subject: Interesting Proposal To Make Music File Sharing Legal In Canada
PostPosted: Tue Feb 26, 2008 10:53 pm 
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In Canada we already pay a 21 cent tax on each blank cd. This presumbably goes to the artists. I have no idea how this is distributed. I use data discs for just that, and the occasional mps for road trips. This $5 is just another grab. Of course they are also considering taxing ipods and other music players. Sorry, music sales are down because of the music, not downloading.


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 Post subject: Interesting Proposal To Make Music File Sharing Legal In Canada
PostPosted: Sat Mar 01, 2008 12:56 am 
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I love Music & hate brickwalled audio

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Jon Tyler wrote:
Quote:
9. Existing music sites like iTunes and PureTracks would continue to be licenced directly by Creators and rights holders and would continue to develop the attractive “value added” services and security features that keep them distinct from file sharing activities.


If I were paying a $5 per month fee, I would no longer use iTunes.

Honestly, I have no objection to a plan like this (although it's obvious that many people will complain about it, rightfully.) Should people who don't use the Internet for the delivery of music be forced to pay for those who do? When you think about it, a homeowner pays school taxes whether s/he has a child in school or not. I would assume the logic is that everyone is chipping in on something that is deemed to be for the "greater good." I view making music sharing legal as something that IS for the "greater good."


Being childless, having to pay thousands yearly to send my neighbor's children to school is one of my pet peeves when I struggle each month to make the bills.

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 Post subject: Interesting Proposal To Make Music File Sharing Legal In Canada
PostPosted: Sat Mar 01, 2008 2:15 am 
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There has been a fee in the US on every blank cassette sold. I'd rather decriminalize the populace and have the artists get paid than have the gangster-creating RIAA continue to take us down the almost fascist road they're currently traveling. And anytime Mr. No New Taxes is in favor of a tax, that's saying something.

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