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Who is affected

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					                  Proposed Amendment Bill C-
                             60
 Revisions to existing multi
media sections of the existing
       Copyright Act

  Additions to the present
        copyright law

Clarificationsof the current
     copyright definition
Intellectual Property:
 The Sociological Implications of
          Downloading
The Web: Advancer or Destroyer?
What Has the Internet Provided Us
              with?
   Information
       imdb.com
   Shopping

       amazon.com
   Communication
      email (hotmail.com),
      messenger services (msn, icq)
            Not to mention…..
   PORNOGRAPHY
      pornographic websites are everywhere on the
      internet these days
      thousands of sites devoted to dirty photos and
      videos that can suit the sexual desires of almost
      anyone (ex. foot fetishes, beastiality, domination,
      etc.)
       So Is There A Problem?
   The internet and the computer have both
    been widely recognized as two of the
    greatest inventions of recent history.
    and yet despite the increase in
    information, advertising, and availability,
    many businesses have suffered substantial
    consequences as a result of these
    creations.
         Harms to Businesses
   Libraries and Bookstores (information too
    available)
   Telephone Companies and Mail Service
   Smaller businesses cannot compete
           Penthouse Magazine
   Recently filed for bankruptcy
   Owner Larry Flynt recently lost his last
    penthouse
   Lost its business to free/cheap internet
    pornography
       1980s: magazine made 80% of company’s
        profits
       Now: magazine makes up on 20% of profit
    And then there’s the Downloading
   Everyday people download music and
    movies via peer to peer services
   When they can get it for free, why pay for
    CDs, DVDs, and movie tickets?
   Are there things that we should consider
    before indulging in music downloading?
             Consider this…
   BMG Canada Inc. v. John Doe
   Society of Composers, Authors and Music
    Publishers of Canada v. Canadian Assn. of
    Internet Providers(3) (Tariff 22)
   CCH Canadian Limited v. Law Society of
    Upper Canada
Who is affected?
                        Facts
   Since 2000
       Unit shipments of recorded music has fallen
        31 percent.
       Revenue is down 22 percent
       Top 10 selling albums lost approx. 20 million
        sales
       Single sales practically completely stopped
                   Players
   Content Creators – composers, lyricists,
    artists.

   Content developers and marketers – music
    publishing and record companies.

   Marketers and distributors/retailers
            Content Creators
   “Our livelihood is seriously and negatively
    impacted by unauthorized downloading of
    our work through peer to peer
    networks…every time someone downloads
    a song of mine without my permission, I
    am losing all that follows from it…”
        Ignoring an essential issue
   Ownership?
       People who are responsible for the creative
        process and who can least afford to be
        punished
       Confusing T.V. with reality?
       Do you thing Jessica Simpson and Brittany
        Spears write their own songs?
             Negative affects
   Ability to support family
   Capital needed to re-invest
   Economic incentive to continue to create
   Pre-conceived notions of artist earnings
   “The average songwriter has to be very
    fortunate to make any money at all from
    this craft…”
      Major Labels fighting back
   Universal
   Warner Brothers
   BMG
   Sony
   EMI
   RIAA (Recording Industry Association of
    America) estimates the annual loss to be
    about $5 billion.
Who gave them the right to charge
           so much?
   Consumers might be hurting themselves in
    the long run…
       Limit chance to hear new and diverse music
       Forcing record producers to reduce amount of
        artists they are able to sign
       Further increasing cost of CD’s
           Two Sides of the Coin
   Advantages for Artist
       Attracts more listeners
       Taps into the computer age phenomenon
       Receptive by music fans
    Advantages for Record Company
   Digital Delivery Offers:
       Lower costs
       Free global distribution
       One-to-one marketing
               Movie Piracy
   Movie industry estimates that the U.S.
    motion picture industry loses over $3
    billion a year in potential world wide
    revenue
   Hit hardest and where it hurts the
    most…opening week
               The Consumers
   Almost all of us do it,
    and must of us don’t
    even think twice
    about its
    consequences
   What interests do we
    have as media
    consumers, and how
    are they served or not
    served by
    downloading?
          Benefits
   Free access to media
   Better cultured
   Fighting the big corporations (their usually
    unethical anyways right?)
             Harms
   Less media production in the future as a
    result of lower sales
   Frivolous use of law enforcement
   Arbitrary arrests for downloading,
    individuals singled out
   Price rise on CDs, DVDs, and ticket prices
    to compensate for reduced sales.
   Impinging on civil liberties
                   Retailers
   HMV
   Legal vs. illegal downloading
   Some stats
   Contributing factors to fall in CD sales
              The Little Guys
   Lighting technicians,
    photographers, sound
    technicians etc.
   Considered to be the
    real losers of lost
    record sales
   Other side of the
    coin- employees are
    responsible for the
    distribution of many
    illegal DVDs
              Who’s Affected?
   P2P Networks (Limewire, Kazaa, etc.)

   Positive aspects of illegal downloading for P2Ps
   Negative effects of illegal downloading for P2Ps
     Alternative Ways to Frame the
                 Issue…

   “Music is like an art form. Why should I
    have to pay money to, like, view art?”
   Calling it theft or piracy is a more loaded
    term than calling it file sharing
   This is an example of fact skepticism
   Judges pick the issues and frame the
    question
          Sociology of the Case
   Who does this look like to you?
    Sociological Characteristics of the
             Parties Involved
   Judges are mostly white, middle-aged,
    upper-middle class, conservative males

    Largest group of downloaders are college
    students- not powerful, often left-wing,
    viewed as immoral party animals in need
    of discipline
“Well, I don’t think your
  going to solve the
  problem by suing 12
  year olds and 72 year
  olds for downloading
  too much free MP-3.”

                            John Flansburgh, singer and
                            guitarist for They Might be
                            Giants
                The Plaintiff

   Shook, Hardy and Bacon, the huge firm
    who defended Big Tobacco
   The RIAA- the trade group that promotes
    the interests of major record labels,
    including Sony, EMI, BMG, Universal, 20th
    Century Fox, and Warner Brothers
                    The Victims
Patricia Santangelo,
single mother of five

The Kazaa account name
that is the subject of the suit
belongs to one of her kid’s
friends, not anyone living in
her house
Case Studies
  You decide…
                   Case Study
   Jessica is a student attending Carleton University in
    Ottawa. Like many students she doesn't have a lot of
    surplus money; thus, she and her friends often pool
    their money together to buy several cds.
    Subsequently, they all use computer software to rip
    the music from the cd and transfer it into their mp3
    players. It is legal for a person to make a copy of a
    cd, that they have purchased, for their own personal
    use or to transfer it onto a mp3 player or a similar
    media device. Is what Jessica and her friends to
    wrong, because each of them didn't buy each cd
    separately?
   Should Jessica and her friends be charged with
    copyright infringement?
                    Case Scenario
   Tom is an underpaid lighting technician at Big Time Movie Company.
    He is also the father of four children, including two kids enrolled in
    university. Tom’s wife has been in remission for breast cancer for
    the past two years. She has just found out the cancer has returned.
    She wants to seek a costly new treatment in the States.
   Tom has heard rumours of a pay cut to all employees of his
    company due to a loss of profits as a result of the increase in
    pirated movies. He has not had a raise in over six years. However,
    he has seen his boss driving around a new Lexus. When he inquires
    into this, he is assured everyone is making cutbacks.
   A man approaches Tom after work one day. He says that if Tom can
    obtain a copy of “Titanic: The Resurrection,” he will pay for his
    wife’s cancer treatments. All Tom has to do is download the movie
    onto a file sharing network while he is at work.
   Should Tom take the money? If he does take the money, is it legal?
    Do you consider what Tom is doing morally wrong? Why or why
    not? Could his actions be justified by any contextual circumstances?
              You Decide…
   So you’re shopping at Walmart one day
    when you see a cute $15 pair of earrings.
    You have the money, but you really need
    to save it for your student loan. But then
    again, you really want those earrings, so
    you slip them into your bag and head out
    of the store.
                And Then…
   On your way home you hear a really
    catchy Jessica Simpson song. When you
    get home you decide that, while you find
    none of Jessica’s other songs appealing,
    this one you really want to play over and
    over again. So you rush upstairs to
    download it off of Kazaa, the P2P service
    you use to download hundreds of songs,
    and you smoke a nice fat joint while
    listening to Jessica croon over your
                   Questions
   Which was more wrong, stealing the earrings or
    stealing the song? Or are they both equally
    wrong?
   Stores have security measures to protect their
    goods. Should record companies be allowed to
    have their own measures of security to prevent
    music downloaders from continuing their
    practices?
   Would it matter if you downloaded a local artist
    as opposed to Jessica Simpson?
                        Case Study
   A young Black teenager from a rough neighbourhood worships his
    favourite artist. Unfortunately due to his family’s economic situation
    they do not have a computer with a decent internet connection and
    he cannot afford to buy the artist’s album. While walking by Music
    World, he sees an opportunity to grab his favourite artist’s new CD
    without paying and is subsequently charged for stealing.
   A young White teenager from a upper class neighbourhood has a
    computer in his own room with a high speed internet connection.
    He downloads music and full albums almost daily. He is not paying
    for this music and it is unlikely he will be charged with any type of
    stealing. His parents even go as far as praising him for being so
    creative and thrifty.
   What are the issues in these two cases? Is one more wrong than
    the other?
It’s all about perspective…
             "Most parents would be
              horrified if they walked into a
              child's room and found 100
              stolen CDs...However, these
              same parents think nothing of
              having their children spend
              time online downloading
              hundreds of songs without
              paying a dime." -- John
              Malcolm, Deputy Assistant
              Attorney General
               Alternatives
   Yahoo Music         Apple's iTunes Music
    Unlimited            Store
   Windows Media       BestBuy
   Napster             BuyMusic.com
   MP3.com             Emusic
   Amazon.com          Peer Impact
   AOL Music
 Who Said It…?
Match the quote to the artist
 "It may seem innocent enough, but every time you illegally download
music a songwriter doesn’t get paid. And, every time you swap that music
 with your friends a new artist doesn’t get a chance. Respect the artists
 you love by not stealing their music. You’re in control. Support music,
                              don’t steal it."

   Jennifer Lopez
   P Diddy
   Dixie Chicks
   Ace of Base

Dixie Chicks, Grammy Award Winning and
  Two-Time Diamond Award Recipient
 "We work really hard. We love our fans and we appreciate the love, but
 don’t steal from us, support us. Go in the stores and buy the records."



   Eve
   Shakira
   Britney Spears
   Jack Johnson

Eve, Multi-Platinum Award Winning Artist,
  "Ruff Ryders’ First Lady"
"Making an album is a team effort, so when somebody pirates a
 record that not only affects the artist, but also the people who
worked on it like co-producers, co-writers and musicians. Say no

                           to piracy."

   Barenaked Ladies
   Shakira
   Vanessa Carleton
   Madonna

Shakira, Grammy-Winning Latin Pop Artist
     "When the Gap went online, T-
       shirts didn't become free."
   Jack Johnson
   Pussycat Dolls
   Barenaked Ladies
   Sting

The Barenaked Ladies, One of the Best-
 Selling Canadian Bands Of All Time

				
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