Proposed Amendment Bill C 60 n Revisions to

Proposed Amendment Bill C 60 n. Revisions to existing multi media sections of the existing Copyright Act n. Additions to the present copyright law n. Clarifications of the current copyright definition

Intellectual Property: The Sociological Implications of Downloading

The Web: Advancer or Destroyer?

What Has the Internet Provided Us with? n Information imdb. com n Shopping amazon. com n Communication email (hotmail. com), messenger services (msn, icq)

Not to mention…. . n 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? n n 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 n n n Libraries and Bookstores (information too available) Telephone Companies and Mail Service Smaller businesses cannot compete

Penthouse Magazine n n n Recently filed for bankruptcy Owner Larry Flynt recently lost his last penthouse Lost its business to free/cheap internet pornography 1980 s: magazine made 80% of company’s profits n Now: magazine makes up on 20% of profit n

And then there’s the Downloading n n n 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… n n n 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 n Since 2000 Unit shipments of recorded music has fallen 31 percent. n Revenue is down 22 percent n Top 10 selling albums lost approx. 20 million sales n Single sales practically completely stopped n

Players n n n Content Creators – composers, lyricists, artists. Content developers and marketers – music publishing and record companies. Marketers and distributors/retailers

Content Creators n “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 n Ownership? People who are responsible for the creative process and who can least afford to be punished n Confusing T. V. with reality? n Do you thing Jessica Simpson and Brittany Spears write their own songs? n

Negative affects n n n 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 n n n 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? n Consumers might be hurting themselves in the long run… Limit chance to hear new and diverse music n Forcing record producers to reduce amount of artists they are able to sign n Further increasing cost of CD’s n

Two Sides of the Coin n Advantages for Artist Attracts more listeners n Taps into the computer age phenomenon n Receptive by music fans n

Advantages for Record Company n Digital Delivery Offers: Lower costs n Free global distribution n One-to-one marketing n

Movie Piracy n n 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 n n 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 n n n Free access to media Better cultured Fighting the big corporations (their usually unethical anyways right? )

Harms n n n 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 n n HMV Legal vs. illegal downloading Some stats Contributing factors to fall in CD sales

The Little Guys n n n Lighting technicians, photographers, sound technicians etc. Considered to be the real losers of lost record sales Other side of the coinemployees are responsible for the distribution of many illegal DVDs

Who’s Affected? n n n P 2 P Networks (Limewire, Kazaa, etc. ) Positive aspects of illegal downloading for P 2 Ps Negative effects of illegal downloading for P 2 Ps

Alternative Ways to Frame the Issue… n n “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 n Who does this look like to you?

Sociological Characteristics of the Parties Involved n n 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 n n 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, 20 th 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 n n 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 mp 3 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 mp 3 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 n n 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… n 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… n 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 P 2 P service you use to download hundreds of songs, and you smoke a nice fat joint while listening to Jessica croon over your

Questions n n n 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 n n n 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… n "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 n n n Yahoo Music Unlimited Windows Media Napster MP 3. com Amazon. com AOL Music n n n Apple's i. Tunes Music Store Best. Buy. Music. com Emusic Peer Impact

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. " n n 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. " n n 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. " n n Barenaked Ladies Shakira Vanessa Carleton Madonna Shakira, Grammy-Winning Latin Pop Artist

"When the Gap went online, Tshirts didn't become free. " n n Jack Johnson Pussycat Dolls Barenaked Ladies Sting The Barenaked Ladies, One of the Best. Selling Canadian Bands Of All Time