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Marc Lijour

It's Time for the Recording Industry to Stop Blaming "Piracy" and Start Finding A New W... - 11 views

  • filesharing is not the reason that the recording industry has fallen on hard financial times. In fact, the recording industry’s complaints that the sky is falling really only apply to the recording industry, and not musicians and the fans, who have seen increased music purchases, increased artist salaries, and the availability of more music than ever before.
  • the London School of Economics released a paper finding that while filesharing may explain some of the decline in sales of physical copies of recorded music, the decline “should be explained by a combination of factors such as changing patterns in music consumption, decreasing disposable household incomes for leisure products and increasing sales of digital content through online platforms.”
  • the music industry is thriving
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  • the LSE paper points out that in the UK in 2009, the revenues from live music shows outperformed recorded music sales.
  • Another recent study, this one by the Social Science Research Council, delves into international aspects of "piracy," especially in emerging markets, and finds unauthorized filesharing in some developing economies has actually created opportunities for media companies to come up with innovative business models that allow legal and widespread access to media goods.
  • Sales of CDs have fallen, but the overall music business, including performance, has grown
Marc Lijour

Michael Geist - Pulling a Fast One?: Who Is Really Hurt By C-32's Missing Fair Dealing ... - 6 views

  • linking copyright infringement to circumvention is compliant with the WIPO Internet treaties, it is an approach that has been adopted by other countries, and it is one that has been promoted by many groups supportive of copyright reform
  • several countries have proposed or passed legislation that explicitly links circumvention with copyright infringement, including New Zealand, Switzerland, Canada (Bill C-60), India, and Brazil. 
  • Italy permits circumvention for private copying, Greece established a legal right to pursue access, and the Netherlands grants the Justice Department the power to decree access
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  • Bill C-32 currently includes circumvention exceptions for several purposes including privacy, security research, and encryption. Adding fair dealing means adding five categories of new exceptions -  research, private study, news reporting, criticism, and review.
  • The second group of circumventers consists of those Canadians who believe that circumvention is a reasonable exercise of their consumer rights. These include Canadians who unlock their cellphones or format shift a DVD.
  • Consumers unlock their phones because they believe it is their property and they should be entitled to do so (the government agrees as there is an exception for this in C-32).
  • They similarly format shift DVDs because they reasonably believe that purchasing a DVD should entitle them to watch the DVD on the device of their choice
  • the sale of the products is often based on the presumption that the consumer will have the ability to unlock, make a backup, or format shift
  • If the law does not include a fair dealing circumvention exception, teachers will follow guidelines that prohibit circumvention as part of the educational process and students will be stopped from creating mashups or engaging with digital materials in certain ways.
Marc Lijour

Michael Geist - Clearing Up the Copyright Confusion: Fair Dealing and Bill C-32 - 28 views

    December 15, 2010 Good summary of current law + proposed Bill C-32
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