Performers want to make their work available - starting with the truth Quotes-Artists Speak Out on Copyright Reform May 26, 2008 - Newspaper Ad - Artists Speak Out on Copyright Reform The Hill Times June 9, 2008 - Newpaper Ad - More Artists Speak Out on Copyright Reform The Hill Times DVD - Artists Quotes ACTRA issue backgrounder on copyright reform at Bill C-61 WIPO Copyright Treaty and WIPO Performaneces and Phonograms Treaty ACTRA is a signatory to the Creators' Copyright Coalition platform on the revision of copyright There is a lot of noise and confusion surrounding copyright and the Internet, and we would like to tell our side of this complex issue. First and foremost, ACTRA advocates on behalf of our performers and we have been doing so for more than 60 years. While we have not seen the proposed amendment to the Canada's Copyright Act -- as it has not been tabled yet -- it is to be based on the two 1996 WIPO Treaties with which we are quite familiar. In an effort to debunk some of the myths circulating in the media and throughout on-line forums and blogs, we are taking this opportunity to inform our members and the public of the truth behind the myths pertaining to changes to Canada's Copyright Act. MYTH: The new changes to the Copyright Act will make it a criminal act for me to time-shift with my VCR or to load music I buy on a CD and load it onto my iPod. TRUTH: The Government of Canada's stated purpose for the proposed amendment is only to implement the 1996 WIPO Treaties. It will not address this kind of activity.  As a result, it will not create criminal offences for time-shifting or loading your iPod from your CD collection MYTH: Technical protection measures will make me a criminal - shut down ISPs, make it easier for "big brother" to rear his ugly head. TRUTH: Technological Protection Measures or TPMs already exist. They are simply digital locks. For example, they currently exist on DVDs, software, and your cellular handset. The proposed amendment acknowledges these locks exist and creates sanctions for breaking the locks, just as there are sanctions for someone breaking your lock on the door of your car or your home MYTH: The amendments will hurt Canadian consumers. TRUTH: Implementing the 1996 WIPO Treaties will actually benefit Canadian consumers.  Currently, Canadians have fewer digital services available and pay higher prices than U.S. consumers. The proposed amendment will create opportunities for new services, increased selection and more competition to lower prices in Canada. MYTH: Canada's federal government is just bowing to U.S. pressure. TRUTH: Since 1883, the world community has recognized copyright will only work effectively if each country enacts similar copyright laws that recognize similar rights for both their own citizens and the citizens of other countries. If one country fails to act, then the system breaks down and performers from all countries suffer. Canada made a commitment to implement the 1996 WIPO Treaties in 1997. Canada has failed to honour this commitment to all of the other member nations of the World Intellectual Property Organization (WIPO). The United States is a member of WIPO but so are United Kingdom, Germany, France, Australia and 56 other countries, most of which are upset with Canada for breaking its promise to implement the 1996 WIPO Treaties.  MYTH: This new legislation will mimic the U.S.'s Digital Millennium Copyright Act (DMCA). TRUTH: The new amendment has not yet been made public. It is premature to make this assumption. We should expect the concepts in the Canadian amendment will be similar to those concepts in the French, Australian and U.S. legislation because all countries are implementing the same concepts from the 1996 WIPO Treaties. However, Canada's copyright law developed very differently from that of the United States. As a result, Canada's law works very differently from the U.S. Copyright Act.  The drafters of the Canadian amendments are very unlikely to mimic the DMCA because it would be incompatible with the structure of Canada's Copyright Act.  MYTH: The average consumer's privacy will be jeopardized. TRUTH: The proposed changes to the Copyright Act have nothing to do with privacy.  Some people have falsely stated that TPMs will violate your privacy. That is not true. The vast majority of TPMs do not collect personal information and cannot violate your privacy. For example, your DVD player uses TPMs. Your DVD player is not collecting personal information or violating your privacy. MYTH: Downloading is legal in Canada. They want to take that away and make it illegal. TRUTH: Unauthorized downloading and uploading are both illegal in Canada and always have been, as confirmed by the Federal Court of Appeal.  Downloading without permission is stealing, just like taking a package of gum from a store without permission is stealing. MYTH: This will only lead to big music companies suing single mums and innocent users. TRUTH: Downloading is currently illegal in Canada. In 2004, the Federal Court of Appeal set out a road map for how to sue for illegal downloading in Canada.  However, no case has been brought. Copyright holders in Canada have instead chosen to pursue expensive education and information programs in the belief that Canadians will respect the law if they understand it and know they have legal choices.  Regrettably, in a few extreme cases, legal action may be necessary to protect performers' rights, but, as the past four years have demonstrated, legal action will be the exception, not the rule. MYTH: The new law will mean that I cannot buy music on Napster or Puretracks and load it onto my iPod. TRUTH: Downloads are sold in different formats, just like VCR tapes came in Beta and VHS formats. The proposed amendment will not deal with the interoperability (compatibility) issues because those issues are not within the scope of the Copyright Act.  MYTH: We already pay a tax on our iPods and computers to download -- why should we pay more? TRUTH: The new legislation will not require you to pay any additional tax or additional levy. The 1996 WIPO Treaties do not relate to blank media levies or private copying.  Some people have confused a recent Copyright Board ruling, which is under appeal, on the Blank Media Levy with Copyright Act reform. The two are not related and the proposed amendment is NOT expected to include anything relating to blank media or private copying. MYTH: There has been insufficient consultation within the industry with performers, business, software developers and the like. TRUTH: Industry Canada and Canadian Heritage have extensively consulted for 10 years with every group in Canada potentially affected by these changes, including, performers, consumers, businesses and software developers. Everyone has been invited to participate and representatives from all groups have done so. In addition, there will be opportunities for further input during the committee process after the proposed amendments are introduced into the House of Commons.  However, people can only give meaningful input if they have something specific to talk about, which is why the amendment needs to be introduced now. MYTH: Piracy does not hurt anybody because the performers make all their money from touring and merchandise. TRUTH: Piracy is significantly hurting everyone involved in the creative industries, including performers and consumers. The reason performers must now rely on touring and merchandise is because of piracy. In effect, by failing to implement the 1996 WIPO Treaties, Canada has removed performers' CHOICE as to whether or not they want to sell their music. Without the new amendments, Canadian performers have one less way of potentially earning a living. MYTH: How will the amendment to the Copyright Act improve performers' lives? TRUTH: The existing Copyright Act was created long before the Internet. These new amendments will give performers a CHOICE about how, where and for what compensation their work is made available to the public digitally, without using old legal concepts. For some performers, it will allow them to protect the integrity of their work from people who might try to steal it and post it on the Internet before it is complete.  More importantly, it allows for new packaging of music to fit consumers' needs.  For example: with this legislation, it will be easier to create subscription music services that allow you to transfer music to your iPod or MP3 player and take it with you. This will give performers more options for reaching fans in formats that best fit the fans' needs. MYTH: No amendments are needed because performers already have remuneration rights. TRUTH: The “make available” right in the 1996 WIPO Treaties does NOT exist in the current Canadian Copyright Act.  The existing remuneration rights of performers are compulsory licences that were created to provide compensation for activities like radio broadcasts.  The new “make available” right is specifically designed for digital downloads and streams, and gives the artist/performer choice and flexibility in how his or her work is made available to the public.     MYTH: There are high-profile, respected performers in Canada opposed to copyright reform. TRUTH: A few performers do oppose the amendments. However, many performers understand the importance of bringing Canada's copyright law into the 21st Century and support the amendments to the Copyright Act.  These performers appreciate that the reforms are about CHOICE.  The amendments will still allow those performers who choose to do so to give away their work for free. However, other performers will have the CHOICE how, where and for what compensation their work is distributed. MYTH: ACTRA is acting in the best interests of big business. TRUTH: ACTRA's obligation is to act in the best interests of performers. This new legislation will help performers, and foster respect for the value of their creations.  This is true for every performer, whether he or she is well established or just starting out in their career. ACTRA continues to fight for better protection for performers through laws that will protect the integrity of their work, and ensure that they are fairly paid for it.