Copyright Law Blog

Canadian Music Laws – All Talk With Little Substance

August 13th, 2009 at 12:43pm Under copyright law

Music software firms have got together in Canada to try and cut short the burgeoning free peer-to-peer music sharing in its tracks. They have succeeded in getting some legal and tax concessions in support of their cause. Take a look.

There is much talk that peer-to-peer is music download is responsible for declining music sales. While there may be some amount of truth to the statement, a large part of the decibels raised may well be due to good old plain rhetoric. Industry numbers suggest that the popularity of latest gizmos like DVDs, retail chain distribution changes, and reduced prices of CDs in the retail market all have been playing their own role in the so-called woes. The woes themselves may not be entirely true themselves, as the music industry has seen fair amount of growth in recent years.

It can also be said with reasonable surety that Canadian artists’ royalty losses have been offset by the private copying levy system. The Canadian Private Copying Collective alone has collected millions of dollars over the past few years with much of that revenue earmarked for Canadian artists.

Laws that require people to pay for simple music software goodies like the popular iTunes have the potential of nipping a nascent industry in the bud. Whereas Apple iTunes may well be able to survive the pressure by using its deep pockets, smaller players may not be so lucky. Copyright rules require music download industry to submit more than 40% of their revenue to the collectives.

Incredible as it may seem, even the 40% of gross revenues as envisioned by these tariffs may not cover all the rights that are associated with commercial music download services. It remains well within the realm of possibility that other groups, including collectives representing music performers and producers, may come forward to demand their piece of the cake by further cutting into online music services’ revenues.

While the well established players have settlements that have been well negotiated to their advantage with the record labels, it is the development of a viable economic model that the future growth of the industry depends on. The much maligned peer to peer downloads are actually already subject to a fair amount of compensation through the levy on private copying. The actual threat lies elsewhere – the collectives that essentially are poised to capture a very large share of the tiny market.

For tariff options, the webcasters and the online games industry are the ones in limelight. Others have been eyeing the multi-million online sharing music industry. As much as 25% of revenues, however, continue to come from the online websites that offer music sharing with free music software. The reproduction rights over online music are also being targeted to generate additional revenue in this vast field. Audio webcast sites that feature content similar to conventional radio stations, as well as from established radio stations that webcast their signal also well in the line of fire. Of course, there are different rates of taxes for different online services – varying from five percent to as high as twenty-five percent.

Be sure to be familiar with the laws before you go for the next download. It will help you stay out of trouble and keep your worries at bay. Best wishes, and happy downloading!

Is There Such a Thing as Free Music Downloads?

August 4th, 2009 at 12:43am Under music copyright

A music download is a song or album available for downloading on the Internet. Downloading music first became popular with file sharing technologies such as peer-to-peer networks, with people breaking copyright laws by not paying for any of it. The Recording Industry Association of America (RIAA) claimed that this practice was hurting the music industry, and a series of law suits led to many of these networks being closed down.

With the popularity of portable audio players, interest in free music downloads is understandably high. While some newer artists welcome free music downloads, more often than not established artists do not give their music away. Free downloads on the Internet are therefore normally relegated to artists looking for exposure. The primary method used to acquire free music downloads of well-known artists is via peer-to-peer (P2P) network sharing programs. However, there is a legal catch.Technology Used:

• Peer-to-peer network is a communications environment that allows all desktop and laptop computers in the network to act as servers and share their files with other users on the network. Peer-to-peer networks are quite common in small offices that do not use a dedicated file server, and client versions of the Windows, Mac and Linux operating systems allow files to be shared.

• If set up properly, folders are made sharable for read access only and not write access. This allows network users to copy files “from” the shared folder, but not write “to” the shared folder. In addition, they cannot alter the original files in place, unless, of course, the shared folders are assigned a “read/write” status.

• There are several major issues surrounding file sharing. Of these, the two most important are centralization vs decentralization and the privacy and anonymity of users. The latter takes on added importance when the legality of file-sharing is challenged by some copyright owners. A third issue is the collection and sale of data about users, using software referred to by its detractors as “spyware”.

The vast majority of songs downloaded are the property of artists who have not agreed to offer their legally protected music for free. The artist receives no compensation for free music downloads, and many, if not most artists and labels view P2P sharing as tantamount to stealing. It is no surprise then, that P2P free music downloads have created a legal uproar.

Free music downloads have been widely disputed on both sides. Downloading an artist’s work on P2P networks without consent of the artist or label can result in monetary damages or jail time. While file sharing networks are free, each user must decide whether he or she wants to risk these consequences in order to download many of today’s popular songs for free.

Is Downloading Music For Free a Bad Thing?

August 2nd, 2009 at 12:35am Under copyright act

Many people listen to free music by downloading it through various means and the main reasons for doing this have always been convenience, speed and cost. It is true that it is cheaper to buy a digital track from an online vendor than a CD single but most believe that music is still simply too expensive.
People have been complaining about the price of CDs since they were invented and although the record industry has now embraced the idea of selling digital music tracks, they still insist on charging high prices for the privilege.
They want people to believe that the prices they charge per track are a good deal, but buying 10 or 15 tracks for download is often the same as the CD equivalent and the quality is inferior. Not to mention the fact that they have no reproduction, packaging, or distribution costs.
It is primarily because people have repeatedly been disappointed for so many years that they want to download and listen to fee music first before deciding whether to buy it or not. This is why the P2P culture has blossomed in the way it has and people are able to choose more wisely because of it.
The general opinion on music file sharing from the aspect of the record companies and their representatives is that it is something which will ultimately destroy the industry if it isn’t stopped. They want us to think every time someone downloads a track, they have lost revenue and this will lead to reduced investment resulting in poorer music and fewer new artists.
But there is more new music emerging now than ever, really good bands and artists from a wide variety of genres that contradicts what the record industry says will happen if you listen to free music. This supports the opinion that file sharing serves as a free global distribution channel helping bands reach a wider audience and build a larger fan base.
As a result they can spend less on marketing, sell more concert tickets and merchandise, and be in more demand for interviews and appearances on TV or radio. It is also likely that they will sell more albums too as it has been shown time and time again that file sharers not only listen to free music but buy more than any other group.
Quite a few recording artists, mostly independent, have been experimenting with various downloading technologies and have completely embraced the distribution capability that it gives them, so they want you to listen to free music. Many worry in fact that courtroom success in shutting down these networks by agencies such as the RIAA and BPI will eliminate the very technologies that are providing them with a more level playing field.
If the record companies looked at the bigger picture they might see that every time a track is shared it is the popularity of that artist and therefore their overall value that has increased. Marketing through file sharing takes full advantage of the viral nature of the Internet and allows an artist to be more independent, benefiting more from their work. But the record companies don’t want you to listen to free music, they want complete control of it all and how it is distributed.
And don’t forget that if you purchase a track from iTunes, eMusic or any other downloading site, you will not have the right to sell it in the future like you do with a CD or DVD.
Laws such as the DMCA (Digital Millennium Copyright Act), the proposed IPPA Intellectual Property Protection Act) in America, and DRM (Digital Rights Management) on legally downloaded files seem to show the rights of the big companies are increasing while the rights of the individual diminish, which is the exact opposite of why copyright law was originally introduced.
It is traditional however that the entertainment industry will try to fight off anything new and oppose innovation. The most recent examples include the fight against VCRs, CDs, and MP3 players. Every time though they come to realise the value of these technologies for themselves and magically start to embrace them. So just do what you think is right, you don’t always get what you pay for.

Audio Galaxy, Music introduced

July 29th, 2009 at 06:41am Under music copyright

Audiogalaxy free download is committed to promoting and raising people’s understanding of music and broaden the range of music available that you might not know exists through a community of people who have a passion for music. The music application Features Auto-resuming: Never worry about resuming incomplete files. It is a file sharing system that indexed MP3 files. Audiogalaxy free download started out as the Borg Search, an FTP search engine written by Michael Merhej. Its stated mission was to facilitate sharing of music, though much more appears to have grown from its legacy.

The media application is great for that because of its unique group of users. Audiogalaxy free download is a cut above the rest of the peer-to-peer apps. The policy ran a type of centralized server, which means the company had some control over the types of files on its system. The music design company, which has consistently ranked among the most popular applications at Download. It has and is preventing a user from downloading certain more main stream songs. Some Features of its Auto-resuming: Never worry about resuming incomplete files. The Satellite is a real-time, transaction-based file-sharing system for MP3 users. The program is committed to promoting and raising people’s understanding of music and broaden the range of music available that you might not know exists through a community of people who have a passion for music.

The software program had to deal with several copy right cases. The popular Internet file-swapping service, agreed to filter copyrighted works as part of a legal settlement with the recording industry. The multimedia platform was accused of encouraging and facilitating the online trade in illegal music by “millions of individual, anonymous users”. But really Audiogalaxy free download was just trying to cooperate with the music industry and block copyrighted songs from their network. So nowadays the platform for online data exchange is coming back, in a big way. People who wish to have their music exchanged via Audiogalaxy free download may make their music available. The application is still allowed to provide a medium for people to exchange music.

The platform is great for that because of its unique group of users. Audiogalaxy free download also offers 25 megs of free Web space to musicians, so that they can post their MP3s, band information and images. Some Music categories here: rock, alternative, metal, blues, folk, jazz, rap and country. So you don’t have to be scared that your type of music isn’t presented. But important is that you must download, install, and run the Audiogalaxy free download Satellite for the system to work correctly. It resumes and best of all, you don’t have to worry about where it is downloading from, it automatically tracks the next best server. Requesting off-line files: If nobody is currently sharing the file you want, select it anyway because once somebody comes online with that file you will automatically start downloading it from them. SO don’t hesitate any longer and sign up for free today!

Music To The Ears

July 28th, 2009 at 12:42am Under music copyright

A whole new world of entertainment has opened up over recent years and the younger generation have embraced it with open arms.
From music downloads to video and picture editing and sharing, a new concept of circular entertainment has emerged. Personal videos are taken on phones and passed around with people adding their home made music and music downloads to it as well as pictures. Eventually, the finished product will come full circle within a group of friends.
This has caused more and more demand for original entertainment and music, other than just what is put out there by the powers that be from the music industry.
And original music is very much at the fingertips of anyone that wants it nowadays. Internet sites have been set up to enable potential musicians to get there music into the public domain with relative ease.
Find a good site, upload your own music, add mailing lists and message boards and also provide a medium for selling your CD’s. Success can also be monitored by keeping a track of how many people are visiting your site.
Choose the right site and it will have a publishing company attached with a music editor who will listen to all uploaded music and pick out the best for featuring.
You can help your chances by regularly emailing the editor asking to be featured and also by constantly providing new music. Some of these publishing companies will do their best to get your music used in soundtracks and commercials. Record deals are also a possibility although their success in this area has been limited.
Copyright is not really an issue. While you’re waiting to be discovered, the more people that hear your music, the better chance you have. If you are signed by a record label they will then look after your copyright issues but until then safeguard yourself by encoding your contact details into your Mp3 music so it can be traced back to you.
Long gone are the days of sending demo tapes into record producers in the vain hope that they would listen to them. The onus is now very much on the maker of the music to get him/herself heard. Control over your own musical destiny is a good thing. Even negative feedback will tell you where you are going wrong so the appropriate adjustments can be made.
So, how do music producers feel about this turn away from tangible music to cyber music sales? Unable to fight it, they have cashed in on it themselves. Music download sales totalled $300 million last year. That’s three times the success of 2003.
The difficulty in the beginning was the pirate downloads that people were accessing for free – effectively stealing the music. Download prices were set at 65c per song from the US but reports state this price was set artificially low to stimulate demand.
It has had the effect of encouraging ever more people to carry out music downloads from reputable sites, and to pay for this privilege, which is a good thing.
However, now demand has reached such a level, music executives are now making noises about pushing the price up. This, they say, is due to demand. However, the general consensus is that it will push people back into piracy.
The top record labels have declined to comment on the price increase debate.

Music and Movies Download Sites – are They a Scam?

July 25th, 2009 at 06:41pm Under music copyright

Surfing the Internet, looking for music and movies to download, you will find a lot of so called music and movie download sites These sites do not provide you with music, or movies to download, no, they provide you with file sharing soft ware you can use to search for, and download music, movies and games. Most of them also provide you with cd burning soft ware and they have a helpdesk for those members who run in to problems with their downloading.

These sites are under attack.

First of all there is the entertainment industry that wants to shut them down. They claim that these file sharing programs are used to download copy right protected materials.

This is true of course, but lots of people download and trade files legally on file-sharing networks.You can, for example, legally download music from hundreds of bands and thousands live concerts, as well as multiple software titles and games. File sharing has enabled music fans from around the world to build the largest library of recorded music in history. File sharing is not illegal as long as you obey and comply with all relevant copyright laws. Sharing copyrighted material without permission could be illegal in your country.

In America the RIAA (Recording Industry Association of America) are leading the fight against the sharing of copyrighted music. Others, like Hollywood’s MPAA (Motion Picture Association of America) are also starting to get involved and are taking legal action against the music and movie download sites.

It will not be easy to shut down these download sites. Especially since the Internet has no borders, it will be an almost impossible task, to get all the countries in the world to agree on how to legislate Internet downloading.

Another attack on music and movies download sites comes from, what I call, seasoned Internet users. They claim these download sites are a scam, because they charge for something you can get for free.

Well, you could get it for free, that is true. These download sites provide you with soft ware to search for and download files from the Internet. They provide you with software to burn these files on a cd should you wish to do so.

All this software is available for free on the Internet, but for an Internet novice it could be a daunting task to look for this kind of soft ware, to decide which soft ware to use, how to use it.On top of that they have to make sure that they do not download spy ware, ad ware or what ever. Joining a download site and have all the info in one place is not a bad option for most of them. Another advantage is the fact that these download sites provide a help desk for their members.

Is it a scam if you provide info that people could get for free elsewhere?

Consider this.

You are looking for a telephone number, so you look it up in the phone book.

Say you do not have the right phone book, you can go out looking for it.

You probably can find this free info in the library.

You can also pick up the phone and ring an information service.

They will provide you with this free info and they will charge you for it.

So, is this information service a scam?

I do not think so, and I also do not think that the music and movies download sites are a scam.

Provided of course that they tell you what you can expect from them before you sign up with them, and that they deliver on this promise

If you want to join a download site, chose one that gives a guaranty that you can have your money back if not satisfied.

Once you have joined, test out everything, especially their helpdesk.

If you have no questions, ask them a few things you know already, just to test their response.

And last but not least, do not hesitate to charge back your money if you are not completely satisfied.

What Do I Include In a Licensing Agreement?

July 23rd, 2009 at 06:41am Under intellectual property

An Intellectual Property Licensing Agreement is a written, legally binding contract effectuating an agreement between an owner of intellectual property (”Licensor”) and a party wishing to use that intellectual property for a particular purpose (”Licensee”). One who has a license to use another’s intellectual property does not own it, but merely has the right to use it. Therefore, certain elements must be addressed in any comprehensive Intellectual Property Licensing Agreement. The following are the most important areas to address:
1. Scope of the License: The first thing a license agreement should do is to clearly define the scope of the license. By licensing a product, you are assigning a limited right to use that property, so you must be sure to retain the ultimate ownership rights. At the same time, you don’t want to be overreaching or too limiting so as to discourage potential customers from using the product.
2. Exclusive vs. Non-Exclusive. Except for custom-made products, a license agreement would typically be non-exclusive, meaning that the licensor can sell the same rights to other users. However, this wouldn’t necessarily allow the licensee to reproduce or pirate the product and sell it to third parties. Sometimes, licenses allow reproduction within a controlled environment such as with enterprise licenses or network licenses. In other cases, a licensor may allow for a resale license, with a royalty being paid to the licensor.
3. Revenue Streams. Next in importance are provisions controlling revenue streams generated by licensed products. With most license agreements on end user software for consumers, for example, a one-time license fee is usually paid when the software is purchased. Other arrangements may include recurring payments such as royalties or monthly lease payments. License agreements may also cover maintenance charges such as ongoing maintenance. Other topics to cover include:
4. Term and Termination. The length of the agreement should be designated. The parties must also agree whether or not the agreement will terminate upon a change of control of licensor or licensee. If a change of control will affect the agreement, it must be defined specifically. In addition, this provision should state whether or not the agreement may be terminated by either party for breach, and if so how.
5. Prohibited Uses. The licensor may wish to prohibit the licensee from using their intellectual property in certain ways that could embarrass or otherwise devalue the property. The licensor will want to include these provisions here.
6. Rights to Transfer and Sublicense. The licensor may or may not wish to grant the licensee the right to transfer or sublicense the property at issue. The licensor may want the right to approve or reject potential sub-licensees, or prevent sublicenses all together.
These are the most important areas an Intellectual Property License Agreement must address. Further provisions covering the rights to source code (if software is involved), acceptance, testing and training procedures, warranties, limitations on the licensor’s liability, support and maintenance services, nondisclosure of confidential information, indemnity for infringement, enforcement of remedies, and terminating the contract should also be included.

Keys to Drafting Enforceable IP Assignment Agreements

July 22nd, 2009 at 12:41pm Under intellectual property

An Intellectual Property Assignment Agreement is a written and enforceable contract effectuating an assignment of intellectual property rights from an “Assignor”, the owner of the rights, to an “Assignee”, the purchaser of the rights, in exchange for valuable consideration.
Unlike an Intellectual Property License Agreement, which provides the licensee a right to use, but not to own, certain intellectual property rights, an assignment agreement involves a complete and exclusive sale of the rights, thus giving the assignee complete ownership to exploit the intellectual property rights in whatever way, shape, or form it likes, subject to any limitations listed in the agreement. Usually the assignee will pay the assignor cash or stock consideration in exchange for these rights.
This article will take a look at a traditional IP Assignment Agreement between two companies. In our hypothetical agreement, the assignee is making to the assignor a combination of both stock and cash payments, the details of which will be addressed in the agreement, along with details regarding the transfer of the intellectual property rights, and any other material information in respect to the transactions. The seller of the IP rights is referred to as “Assignor”, while the purchaser is referred to as “Issuer.”
The first section the agreement should provide Definitions of the key terms used in the agreement. Terms that can have more than one meaning, such as “assets”, “business”, “closing”, and of course “intellectual property” should be defined. Next the agreement should address the Issuance of Shares and Transfer of Intellectual Property. The agreement might state that as of the Closing, the Issuer shall sell, assign, transfer, convey and delivery to Assignor the “Assignor Shares and Warrant”, which will be described herein.
In return, the Assignor shall sell, assign, transfer, convey and deliver to Issuer all of Assignor’s right, title, and interest in and to Assignor IP rights as defined herein. Then, both the stock to be awarded and the Intellectual Property rights to be transferred should be described in detail. The timing of the payments, be it at the time of closing or at some point thereafter, should also be addressed.
The next paragraph addresses the details of the Closing, such as the location, date, and what each party shall deliver. The deliverables usually include the shares, copyright, trademark, and/or patent certificates, transfer agreement for each, and the IP assignment agreement, and any accompanying agreements.
The next paragraph deals with Representations and Warranties, where both parties must warrant that they own that which they purport to transfer to the other party (the stocks and the IP rights), and they are authorized and have the requisite corporate power to execute the transaction documents.
Both parties should also warrant that the execution of the agreement will not conflict with any federal, state or local laws, the bylaws of their respective corporation, another agreement, and so on. The parties must lastly promise that the assets to be transferred are own free and clear of any encumbrances, unless provided, and that there are no undisclosed liabilities that could have a material adverse effect on the transaction.
Lastly, the agreement should address general matters in respect to the transaction. The parties should agree that the agreement sets forth the entire understanding of the parties and supersedes all prior agreements; that any amendments must be in writing and signed by both parties; that the agreement shall be binding upon each party’s heirs, legal representatives, successors, and permitted assigns; and that no party may assign the agreement without the other party’s prior written consent.
The parties may also want to include a provision recognizing that in these types of arrangements, damages may not be a sufficient remedy in the case of breach, and that the remedies of specific performance orders, restraining orders, and injunctions shall be permitted. Finally, the agreement should also address which law will govern the interpretation of the agreement, whether the agreement may be executed in two or more counterparts, and whether the provisions of the agreement are severable.
These are the key aspects of an Intellectual Property Assignment Agreement. Drafters should be sure to consult Federal intellectual property laws before drafting this type of agreement, and should make sure the parties have a clear understanding of their arrangement. To read and/or download actual Intellectual Property Assignment Agreements, please check out the Agreements section of this website.

Download Free Music Without a Mess

July 22nd, 2009 at 06:42am Under music copyright

Is it possible to download free music and create a mess? Yes, indeed and it is all due to an obstinate little acronym known in the music biz as DRM. DRM, for those of you who are newbies in the music biz parlance, means digital rights management. And DRM happens to be a double-bladed sword that will dictate how you download free music without a mess or with a big splashy mess that can leave you bankrupt.

DRM means that the original creators and owners of a piece of digital data (like a music file) have the rights to restrict access to and ownership over their original product. People who believe in DRM say that this helps artists benefit from a continuous revenue stream due to sales of their original product over the years. This sounds fair, doesn’t it? Ah, but there are ironically people who don’t believe in DRM. These devil’s advocates believe that DRM stands in the way of improving the level of competition in the music industry and helping the public benefit from increased open access to copyrighted music.

How can you then download free music without a mess? That is the sticky part of the dilemma – at the rate data copying technologies are being advanced, promoted and disseminated to the public, it is becoming harder and harder for the original creators and owners of copyrighted music to exert control over who can get ownership over their original product. And if these original creators and owners cannot control access they also cannot control their profits.

Next question then is: do these original creators and owners of original copyrighted material have any right to more royalties over their original music creations when more people acquire more copies of the original products? DRM advocates say yes of course, that is the whole point of having rights over your original creation in the first place. DRM opponents say no, because it does not create a level playing field and makes some people (ie. the artists and the music labels) richer in the process. By rights, the DRM opponents say, such rich people should not get richer from future sales of their own products.

As you can see, the problem hinges on perception. From the perception of an artist who slaved for years to perfect his skills in music so he can come up with a great product, he has every right in the world to benefit from continuous sales of his music file through the years from anyone who cares to use that music in any form whatsoever. From the perception of a music label, the music company has the right to profit from the distribution of that music product in agreement with the original owner (the artist) because it took a risk by opting to distribute the music product for the artist. But, from the perception of a music-hungry public that wants free music (like getting to eat its cake yet enjoy it forever anyway), these artists and music labels have no rights to their music product which only “oppress the poor public.”

As you can see, it is very hard to download free music without a mess. It makes more ethical sense to simply pay for the CD or music download then take good care of your purchase for the rest of your life. That is what ethical business is all about. If you do intend to download free music without a mess, it better be from the authorized source of the music label and the original artist. Otherwise, it is better not to try to download free music without a mess.

Can Anyone Tell Me Of A Website Where I Can Download Copyright Free Photos Of Plants?

July 16th, 2009 at 10:29pm Under website copyright

Can anyone tell me of a website that will let me download copyright free photos of plants? I need photos of container gardens, hanging baskets, flower beds and all that good stuff. Thanks.