‘Don’t get mad at musicians’
p2pnet.net News Feature:- The recording industry is at it again, claiming to be helping musicians when actually, it’s stabbing them in the back.
Some very interesting events happened on Wednesday that, sadly, are an example of what’s becoming typical here in Ottawa.
There are two issues at stake: funding for various programs that help musicians; and, radical changes to copyright that will harm musicians and only help the old-economy recording industry.
By passing on misleading and false information, the recording industry and its well-funded, powerful lobbyists have been able to convince musicians to join it in its efforts to have Canada’s copyright laws ‘updated’.
One of the most flagrant examples of this is the ’suggestion’ that the copyright act in Canada hasn’t been modernized since 1908 when in fact, it was changed as recently as April this year.
I believe firmly in Canadian creativity, and I support musicians looking for long-term stable funding. But because of bad deals offered by the incumbent recording industry, to my thinking, it’s necessary to offer government funding.
In an ideal world, musicians would be able to make a living without government help, but I don’t see that happening until they’re able to bypass the major labels, control their own interests, and use modern business models and copyright licensing to harness new media and the expectations of modern Internet-era audiences.
On Wednesday, I attended a meeting of the Standing Committee on Canadian Heritage which helps decide on such funding as well as amendments to the copyright act.
There was quite a bit of discussion on "Tomorrow Starts Today", a program which includes funding for many aspects of the arts, and which needs to be renewed if it’s to continue next year.
One of the components is the Foundation to Assist Canadian Talent on Records (FACTOR) which is meant to help Canadian musicians reach larger audiences.
In my view, this funding should move forward, but with one amendment:
Musicians, and not record executives, should be receiving it.
The recording industry sends out press releases claiming it’s being harmed by peer-to-peer music distribution. And some musicians are buying it. As recently as 1997 there were major changes made to the Copyright act at the request of the recording industry.
A Private Copying regime was created under which the unauthorized copying of music for private use was legalized, and the recording industry was then able to levy blank media such as blank CDs – whether they were used for music or not.
This regime made any downloading of music from the Internet or other sources – including receiving music from P2P services, or even copying music for personal use from CDs borrowed from a public library – entirely legal in Canada.
It’s ironic to now hear the industry claiming a policy it specifically requested is hurting it. And yet we’re expected to trust the record label cartel with future reforms.
Unauthorized uploading or distributing music online isn’t currently legal in Canada.
There was a recent case where the CRIA tried to compel five Canadian ISPs to disclose confidential information: the names of 29 customers whom they claimed were illicitly sharing files online.
The record labels lost the case because they weren’t able to provide evidence that they owned any of the files being distributed, not because of a loophole in the copyright act, as is now falsely claim.
They lost the case. But nonetheless, they’re now able to successfully misdirect musicians, parliament and Canadians into believing that yet more radical changes should be made to the copyright act on their behalf.
It’s also important to remember that p2p file distribution can’t be said to be illegal. In fact, increasing numbers of musicians specifically authorize the distribution of their works over the p2p networks.
Fading Ways music, headquartered in Toronto, Ontario, was one of the first labels with worldwide distribution to announce it would use Creative Commons licensing for its CDs. The label is extremely pro-p2p and sees it as an essential part of its marketing efforts.
There’s a huge educational campaign required to set things right.
Don’t get mad at the musicians. Most of them are simply misinformed. Instead, please try to get in touch with them and explain the realities to them.
Musicians and music fans must come together and fight the recording industry. We must never let the dinosaurs be in charge of evolution.
Parliament wants to "do the right thing" for musicians and other artists in Canada, but our politicians are being lied to by powerful lobbyists. We need to make our voices heard, both as audiences and as creative Canadians.
How you can help:
Join forums discussing this policy and get informed.
Sign the petition for Users’ Rights: digital-copyright.ca/petition
Write letters to the editor when the media yet again republishes a recording industry press release as if it came from a reliable news source.
Talk to your Members of Parliament and let them know your views!
Support Canadian musicians already using modern business models which authorize p2p distribution of music as advertising!
Links:
- Collection of media references and replies to recent recording industry events.
- Fading Ways Music, indie label, announces 2004 releases will be CC!
Russell McOrmond – digital-copyright.ca
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Russell McOrmond is an independent author (software and non-software) who uses modern business models and licensing (Free/Libre and Open Source Software, Creative Commons). He’s also the webmaster for digital-copyright.ca
November 26th, 2004 at 11:27 pm
When a musician volunteers himself as a patsy for the recording industry, or calls for changes to Copyright like the right to frivolous lawsuits or copyright term extensions, then I think we should all reserve the right to “get mad at musicians”, and call bullshit on the “starving artist” act.
If artists are starving, then all the Copyright in the universe isn’t going to feed them. Plain and simple.
No one is immune from criticism. If the musicians are calling for things that are against MY interests, then damn it, I’ll get mad at them or any one else who I disagree with.
Why should musicians be Teflon™-coated? I think a lot of them are very well informed, and are very conscious of what they are calling for, why, and how. You think Bruce Cockburn is misinformed?
November 27th, 2004 at 12:40 am
I’m with you!!! If these cowards had any backbone they would join the music fans of the world and Raise Hell against the major labels and put an end to all this suing!!!! Just think about it for a second???? If all Major label acts refuse to provide any more musical content to their Masters then what would the records companies do????? It’s time for all of us to stand up to the Big Boys and finish them off once and for all!!! Either we stand together or we shall surely all hang alone!!!! This is what it took for a bunch AMERICANS to defeat the King and send him packing!!! No offence Jon!!!!
November 27th, 2004 at 12:50 am
Imagine if all the Singers and songwriters and Bands did this????? The News media would have to begin to report the truth and let the public Know whats been going on !!!! The public would have to realize how rotten these record companies are and what a brutte of vipers these assholes are!!!!!!!!
November 27th, 2004 at 4:54 am
The recording industry are gangsters trying to hold onto a cash cow. They are not needed in the same way anymore. There is a new industry growing and they don’t like it. With the internet artists can ditribute there work without these gangsters. Artist ishould stop fighting the change and go with it(hard). I was hoping Canada would be a leader by saying no to these gangsters and let evolution take place.
November 27th, 2004 at 1:28 pm
Ya see. The problem lies with the ‘big name acts’ already getting their daily bread and wanting to keep it. It’s easy money for them. Then there are the no-name acts who are struggling. They know that without the record label behind them then it would be even harder. Despite what everyone says about promoting yourself on the internet. Unless you have some grounding it’s very hard to get a foothold and get noticed.
So yes I do realise that big name artists you can probably get mad at but for the little artists it’s a little unfair. Getting a break is not easy.
The big name artists are hardly likely to bite the hand of their cash cow and the little artists are hardly likely to bit it either because they need the support or they go starving.
Catch 22.
November 27th, 2004 at 5:06 pm
It’s not a question of big vs. little.
If a big-name musician dissents from the more-is-better theory of copyright, good on them.
If a no-name musician wants copyright infringers to be shot at sundown, I’ll “get mad at” them, little artist or not.
November 27th, 2004 at 8:20 pm
Right on. But don’t forget the papers and radio and tv have a lot to do with this.
Go to http://p2pnet.net/story/3121 if you haven’t seen it already.
Morg