Transcript Who is affected?

Proposed Amendment Bill C60
Revisions
to existing multi
media sections of the existing
Copyright Act
Additions
to the present
copyright law
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?
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Information
imdb.com
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Shopping
amazon.com
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Communication
email (hotmail.com),
messenger services (msn, icq)
Not to mention…..
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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?
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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
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Libraries and Bookstores (information too
available)
Telephone Companies and Mail Service
Smaller businesses cannot compete
Penthouse Magazine
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Recently filed for bankruptcy
Owner Larry Flynt recently lost his last
penthouse
Lost its business to free/cheap internet
pornography
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1980s: magazine made 80% of company’s
profits
Now: magazine makes up on 20% of profit
And then there’s the Downloading
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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…
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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
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Since 2000
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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
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Content Creators – composers, lyricists,
artists.
Content developers and marketers – music
publishing and record companies.
Marketers and distributors/retailers
Content Creators
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“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
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Ownership?
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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
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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
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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?
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Consumers might be hurting themselves in
the long run…
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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
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Advantages for Artist
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Attracts more listeners
Taps into the computer age phenomenon
Receptive by music fans
Advantages for Record Company
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Digital Delivery Offers:
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Lower costs
Free global distribution
One-to-one marketing
Movie Piracy
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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
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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
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Free access to media
Better cultured
Fighting the big corporations (their usually
unethical anyways right?)
Harms
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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
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HMV
Legal vs. illegal downloading
Some stats
Contributing factors to fall in CD sales
The Little Guys
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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?
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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…
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“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
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Who does this look like to you?
Sociological Characteristics of the
Parties Involved
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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
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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
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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
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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…
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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…
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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
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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
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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…
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"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
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Yahoo Music
Unlimited
Windows Media
Napster
MP3.com
Amazon.com
AOL Music
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Apple's iTunes Music
Store
BestBuy
BuyMusic.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."
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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."
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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."
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Barenaked Ladies
Shakira
Vanessa Carleton
Madonna
Shakira, Grammy-Winning Latin Pop Artist
"When the Gap went online, Tshirts didn't become free."
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Jack Johnson
Pussycat Dolls
Barenaked Ladies
Sting
The Barenaked Ladies, One of the BestSelling Canadian Bands Of All Time