[pp.int.general] The Songwriters Association of Canada endorses filesharing legalization

[Valentin Villenave]

Hi everybody,

AFAICR, nobody has been talking here about this official proposal from
the Songwriters Association of Canada (full text follows):
http://www.songwriters.ca/studio/proposal.php

(maybe this has been discussed somewhere on a forum, but I think it's
important enough te be mentioned on the list).

I don't really know how big and recognized this organization is, and I
don't fully agree with all of their terms, but it's really a good
sign, just as encouraging as Rick's recent news from Sweden.

I'd like to thank the French pirate (codename MaryPoppins) that has
initially reported this statement on our national forum.

Regards,
Valentin



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A PROPOSAL FOR THE MONETIZATION OF THE FILE SHARING OF MUSIC FROM THE
SONGWRITERS AND RECORDING ARTISTS OF CANADA

Summary of proposal:

Most Canadians are aware that the Internet and mobile phone networks
have become major sources of music. What they may not know is that
songwriters and performers typically receive no compensation of any
kind when their music is shared or illegally downloaded.

We believe the time has come to put in place a reasonable and
unobtrusive system of compensation for creators of music in regard to
this popular and growing use of their work.

The plan we propose would not change or interfere with the way
Canadians receive their music. No one would be sued for the online
sharing of songs. On the contrary, the sharing of music on
Peer-to-Peer networks and similar technologies would become perfectly
legal. In addition, Music Publishers and Record Labels would be fairly
compensated for the crucial role they play in supporting Canadian
music creators.

Canada has given the world some of the greatest music ever produced.
We believe that implementing a fair way of compensating Canada's music
creators for the online sharing of their music will usher in a new
Golden Age of creativity.


DETAILS OF PROPOSAL

1. Whereas:

    * An estimated 1.6 billion music files are shared online in Canada
each year. 1
    * The total number of purchased downloads in Canada was 38 million
in 2005. 2
    * The proportion between these two is 98 to 2 – 98% shared file
and 2% purchased downloads.

We Therefore Believe:
Consumers have clearly demonstrated their wish to access music by file sharing.

2. Whereas:

    * Virtually every song ever recorded is available through P2P file
sharing 3 (more than 79 million recordings) 4
    * Only 3 million songs are available on legal sites.  5

We Therefore Believe:File sharing is both a revolution in music
distribution and a very positive phenomenon. The volunteer efforts of
millions of music fans creates a much greater choice of repertoire for
consumers while allowing songs - both new and old, well known and
obscure - to be heard.

All that's needed to fulfill this revolution in distribution is a way
for Creators and rights holders to be paid.


OUR PROPOSAL

3. We propose an amendment to the Copyright Act which would establish
a new right: The Right to Equitable Remuneration for Music File
Sharing.

4. We define Music File Sharing as the sharing of a copy of a
copyrighted musical work without motive of financial gain.

Since the new right is limited to activities that take place without
motive of financial gain, parties who receive compensation for file
sharing would not be covered by this right. Therefore, this new right
is distinct from rights licensed by legal music sites like iTunes and
PureTracks.

5. The new right would make it legal to share music between two or
more parties, whether over Peer to Peer networks, wireless networks,
email, CD, DVD, hard drives etc. Distinct from private copying, this
new right would authorize the sharing of music with other individuals.

6. In exchange for this sharing of their work, Creators and rights
holders would be entitled to receive a monthly license fee from each
internet and wireless account in Canada.

7. We propose a licence fee of $5.00 per internet subscription, per
month. Payment of this fee would remove the stigma of illegality from
file sharing. In addition, it would represent excellent value to the
consumer, since this fee would grant access to the majority of the
world's repertoire of music. Existing download subscription services
generally charge considerably more than $5.00 per month, while
offering a mere fraction of the file-sharing repertoire. 6

8. In addition, this would present a major financial improvement for
the music industry. Since the license fee would be paid by all
internet and wireless accounts, the amount of income generated
annually could adequately compensate the industry for years of
declining sales and lost revenues, and would dramatically enhance
current legal digital music income. Sales of physical product would
continue to earn substantial amounts, albeit gradually decreasing.
Masters would continue to be licensed to movies and television. Radio
would continue to sell advertising and pay royalties on music. 7

We believe strongly that by giving Canadian music Creators a solid
business model for the 21st century, this endeavor would initiate a
golden era for music in Canada. Ultimately, we see this model being
adopted internationally, and we are working with Creators groups
around the world to effect a global system of remuneration for the
sharing of music files.

9. Existing music sites like iTunes and PureTracks would continue to
be licenced directly by Creators and rights holders and would continue
to develop the attractive "value added" services and security features
that keep them distinct from file sharing activities.

10. The collective would track internet and wireless file sharing
activity on a census basis. Virtually all sharing on the internet and
wireless devices would be tracked. Companies who currently do this
type of tracking have prepared themselves and are "waiting in the
wings". Creators and rights holders will be paid with a level of speed
and accuracy never before possible.

11. CANADIAN COPYRIGHT AND LEGISLATIVE ISSUES
Regarding WIPO implementation, we are not opposed to the legal
protection of Technical Protection Measures (TPM) or "digital locks",
however we believe the obvious economic benefits of the $5.00 per
month model make such protection measures obsolete. Given the consumer
aversion to TPM's, we believe their use will inhibit the success of
recordings in which they are embedded, and they will simply fall out
of use.

We support Rights Management Information (RMI) protection since RMIs
will assist in the identification of files and the attribution of
rights without posing any problems for consumers.

The Songwriters and Recording Artists of Canada are in the process of
consultation with the broader music industry, as well as consumer
groups and Internet Service Providers, in order to gather support both
in Canada and internationally for this proposal. We look forward to
discussions with all concerned to make this proposal a reality that
will be of great benefit to all.

The Songwriters' Association of Canada (SAC)