Hilfe & Kontakt

Jordin Sparks Battlefield Plagiarism

Von: alldownunder (alldownunder@gmail.com) [Profil]
Datum: 10.12.2009 01:54
Message-ID: <1eadnf9nnbfPyL3WnZ2dnUVZ_qEAAAAA@westnet.com.au>
Newsgroup: uk.music.christian
Jordin Sparks Battlefield Plagiarism
Oryginal - http://www.youtube.com/watch?v8V8jnN1Kpw

Copy -http://www.youtube.com/watch?v=Yp7oSHLr3BY

Judge for yourself.

Music industry is silent!

Geist: Record industry faces liability over `infringement'


Chet Baker was a leading jazz musician in the 1950s, playing trumpet and
providing vocals. Baker died in 1988, yet he is about to add a new claim
to fame as the lead plaintiff in possibly the largest copyright
infringement case in Canadian history. His estate, which still owns the
copyright in more than 50 of his works, is part of a massive
class-action lawsuit that has been underway for the past year.

The infringer has effectively already admitted owing at least $50
million and the full claim could exceed $6 billion. If the dollars don't
shock, the target of the lawsuit undoubtedly will: The defendants in the
case are Warner Music Canada, Sony BMG Music Canada, EMI Music Canada,
and Universal Music Canada, the four primary members of the Canadian
Recording Industry Association.

The CRIA members were hit with the lawsuit in October 2008 after artists
decided to turn to the courts following decades of frustration with the
rampant infringement (I am adviser to the Canadian Internet Policy and
Public Interest Clinic, which is co-counsel, but have had no involvement
in the case).

The claims arise from a longstanding practice of the recording industry
in Canada, described in the lawsuit as "exploit now, pay later if at
all." It involves the use of works that are often included in
compilation CDs (ie. the top dance tracks of 2009) or live recordings.
The record labels create, press, distribute and sell the CDs, but do not
obtain the necessary copyright licences.

Instead, the names of the songs on the CDs are placed on a "pending
list," which signifies that approval and payment is pending. The pending
list dates back to the late 1980s, when Canada changed its copyright law
by replacing a compulsory licence with the need for specific
authorization for each use. It is perhaps better characterized as a
copyright infringement admission list, however, since for each use of
the work, the record label openly admits that it has not obtained
copyright permission and not paid any royalty or fee.

Over the years, the size of the pending list has grown dramatically, now
containing more than 300,000 songs.

From Beyonce to Bruce Springsteen, the artists waiting for payment are
far from obscure, as thousands of Canadian and foreign artists have seen
their copyrights used without permission and payment.

It is difficult to understand why the industry has been so reluctant to
pay its bills. Some works may be in the public domain or belong to a
copyright owner difficult to ascertain or locate, yet the likes of Sarah
McLachlan, Bruce Cockburn, Sloan, or the Watchmen are not hidden from view.

The more likely reason is that the record labels have had little
motivation to pay up. As the balance has grown, David Basskin, the
president and CEO of the Canadian Musical Reproduction Rights Agency
Ltd., notes in his affidavit that "the record labels have devoted
insufficient resources for identifying and paying the owners of musical
works on the pending lists." The CRIA members now face the prospect of
far greater liability.

The class action seeks the option of statutory damages for each
infringement. At $20,000 per infringement, potential liability exceeds
$6 billion.

These numbers may sound outrageous, yet they are based on the same rules
that led the recording industry to claim a single file sharer is liable
for millions in damages.

After years of claiming Canadian consumers disrespect copyright, the
irony of having the recording industry face a massive lawsuit will not
be lost on anyone, least of all the artists still waiting to be paid.
Indeed, they are also seeking punitive damages, arguing "the conduct of
the defendant record companies is aggravated by their strict and
unremitting approach to the enforcement of their copyright interests
against consumers."

Michael Geist holds the Canada Research Chair in Internet and E-commerce
Law at the University of Ottawa, Faculty of Law. He can reached at
mgeist@uottawa.ca or at michaelgeist.ca

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