Do As I Say Not As I Do
Interesting story in the Toronto Star about copyright violations.
Chet Baker was a leading jazz musician in the 1950s, playing trumpet and providing vocals. Baker died in 1988, yet he is about to add a new claim to fame as the lead plaintiff in possibly the largest copyright infringement case in Canadian history. His estate, which still owns the copyright in more than 50 of his works, is part of a massive class-action lawsuit that has been underway for the past year.
The infringer has effectively already admitted owing at least $50 million and the full claim could exceed $60 billion. If the dollars don’t shock, the target of the lawsuit undoubtedly will: The defendants in the case are Warner Music Canada, Sony BMG Music Canada, EMI Music Canada, and Universal Music Canada, the four primary members of the Canadian Recording Industry Association.
The real interesting observation in this article:
After years of claiming Canadian consumers disrespect copyright, the irony of having the recording industry face a massive lawsuit will not be lost on anyone, least of all the artists still waiting to be paid. Indeed, they are also seeking punitive damages, arguing “the conduct of the defendant record companies is aggravated by their strict and unremitting approach to the enforcement of their copyright interests against consumers.”
“the issue stems from a change to the law in the 1980s that eventually produced something known as the “pending list.” Essentially, record companies no longer had to get a compulsory license every time they wanted to use a song for, say, a compilation album. Instead, they went ahead and used the song without waiting for authorization or making payment, adding the song to a list of music that is pending authorization and payment. If you’re questioning whether you read that right, that basically means the record industries could use songs as long as they pinky swore they would get authorization and pay the artist for it eventually.”