Recording Industry gets a taste of its own medicine

[Raziaar]

http://www.thestar.com/business/art...rd-industry-faces-liability-over-infringement

Read for the full article.

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 $60 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 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.

The class action seeks the option of statutory damages for each infringement. At $20,000 per infringement, potential liability exceeds $60 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.

I hope these bitches lose, and lose big. Stupid assholes.

 

[lefty]

Oh. Hell. Yes.

 

[jet_porkins]

It's just Canada, who cares about them?

edit: The fact that it's Chet Baker makes this lawsuit awesome.

 

[lefty]

Actually yeah, I read that and was like... oh. Canada. But still.

 

[Wanted Bob]

Taste of their own medicine indeed. Though if this goes through they will probably be all the more determined to get even more claims out of file sharers.

 

[Raziaar]

Taste of their own medicine indeed. Though if this goes through they will probably be all the more determined to get even more claims out of file sharers.

Yeah... that's a side effect I was thinking about.

Though it's not like they'd actually be able to recoup any of the money from the file sharers... because none of them actually have the money they're ordered to pay. All it does is destroy their life without any monetary gain for the industry. So at least they'd still lose a boatload of money.


EDIT: 300,000 at 20,000 a pop is only 6 billion though, not 60 billion. Hmm.

I say they charge 150,000 per violation like they charge file sharers. That would still only be 45 billion though.

Where is this 60 billion coming from?

 

[Warped]

I can care less if the math isn't right. i really hope this goes through and then follows here into the US. but watch the estate owner suddenly die from complications

 

[Raziaar]

I can care less if the math isn't right. i really hope this goes through and then follows here into the US. but watch the estate owner suddenly die from complications

In before couldn't/can argument.

And yeah... I hope they get hit for at least 40 billion. It would be an enjoyable thing.

 

[mastag]

Chet Baker for the win! Srsly, one of the great Jazz musicians, and the fact that he's bitch-slapping corporations in death further cements his legacy as far as I'm concerned.

 

[YROC]

I'm trying to read this, but my mom is yelling at my sister. I'll try again later.

Edit: Holy hell, 60B$ is alot of money. :|

 

[<RJMC>]

the beavers will destroy them

 

[Krynn72]

I'm trying to read this, but my mom is yelling at my sister. I'll try again later.

I'm trying to read your post, but I'm at work and should be doing things. I'll respond later.

 

[schlitzer]

Wait, what? Did I understand that correctly-- Record labels don't get the copyright licenses for the stuff they put on compilation discs? And no one noticed / bothered until now? Seriously?

 

[ríomhaire]

I'm with the "hell yeah" side on this. On the other hand if this does go through for so much it only justifies the crazy amounts the companies are [strike]suing[/strike] ruining the lives of people for.

 

[theotherguy]

I hate to come down on the record companies side here, but copyright should not be held by the estate of a dead person. It is a term in law called "the dead should not rule the living." All copyright claims should be dissolved upon the death of the person whose work is copyrighted.

 

[Dog--]

oh. Canada.

OUR HOME AND NATIVE LAAAAAAAAAAND! TRUE PATRIOT LOOOOOOOOVE, IN ALL THY SONS COMMAAAAAAAAAAND!

 

[Higlac]

Ok, then one of the many living artists can claim damages. Doesn't matter to me. I just want to see the record companies pay.

 

[staticprimer]

OUR HOME AND NATIVE LAAAAAAAAAAND! TRUE PATRIOT LOOOOOOOOVE, IN ALL THY SONS COMMAAAAAAAAAAND!

Wait, there are other lyrics in the Canadian national anthem?

 

[Dog--]

WIIITH GLOWING HEARTS WE SEE THEE RISE, THE TRUE NORTH STRONG AND FREEEE! FROM FAR AND WIDE OOOOHHH CAAAAANADA WE STAND ON GUARD FOR THEEEEEEEE! GOD KEEEEEEEEP OUR LAAAAAAAAND GLOOOORIOUSSSSS AND FREEEEEEEE, OOOOHHH CAAAAANADA, WE STAND ON GUARD FOR THEEEEE! OOOOOOOHH CANADA WE STAND ON GUUUAAARRRRD FOOOOOOORRR THEEEEEEEEEE.

 

[Matt Isaacs]

From a purely logical point of view (not sure what canadian law states about copyright) what has been accused is far worse than what the corporations have been suing people for. None of the individuals who were fined $20000 per track sold any of the music for a profit as far as I am aware unlike this case.

I think the $60 billion dollar claim actually seems low bearing in mind that there are 300000 songs being disputed with the fine for a single copyright violation to be $20000 dollars each songs copyright will in all likelyhood have been violated numerous times as each time it is sold that is a 'lost sale' for the artist and owner. If each song on the list sold an average of just 100 then a claim of 600 billion dollars could justifiably be made.

Providing that the article is accurate in it's reporting of copyright violations the only outcome that I can see happening for this is for the corporations to settle out of court. If they were to go to court and win then effectively from that moment anyone can download anything they want and use as a defence of they are starting a music buisness and payment is on a 'pending list' as a legitimate excuse which has precedence. If they lose then they earn an unimaginable amount of money, which I'd imagine would make a dent in even very large companies accounts.

 

[jet_porkins]

http://www.youtube.com/watch?v=007P6bFgRCU
http://www.youtube.com/watch?v=Gsz3mrnIBd0&feature=related

 

[Nuada]

I hate to come down on the record companies side here, but copyright should not be held by the estate of a dead person. It is a term in law called "the dead should not rule the living." All copyright claims should be dissolved upon the death of the person whose work is copyrighted.

And what of the copyrights held by corporations? Are you saying they can hold them in perpetuity while work created by a single person through their talent and work can be exploited for third party profit upon their death? A neighbour of mine has learning disability meaning he's unable to work but has an income from the copyrights of a couple of songs his father wrote back in the 50's. His parents spent their lives caring for him and did everything to ensure he'd have a good quality of life after they died and the money from these is a big part of that.

But yeah, **** him Sony, EMI et al have the right to profit from this,not him :rolling: