Artists, entertainment companies battle over copyright law

As the Conservative government prepares to update copyright laws, Canada's entertainment industry is pushing hard for rules that would restrict opportunities to download music and video illegally.

However, there are just as many voices pushing for a reform of copyright laws that would allow for copying and wide dissemination of artistic works.

Heritage Minister Bev Oda is being presented with two competing visions of how copyright might apply to new media.

The Conservative government is taking its time drafting the billto avoidthe mistakes of the past, the minister said in an interview with CBC Radio.

"The former government had 10 years to implement the WIPO treaties and rushed legislation which died.And we recognize the urgency and we also recognize how complex it is," she said.

Ten years ago, Canada signed the World Intellectual Property Organization treaty, but Canada never got around to updatinglaws to put the treaty into effect.

"We're an embarrassment," said Douglas Firth, who represents the copyright interests of the U.S. movie and TV producers in Canada.

"Twenty-five European Union countries have signed on with legislation that meets their obligations under the WIPO and we're sitting out there like a sore thumb," he said.

Delay threatened

Recently, Fox studios threatened to delay future film releases in Canada due to piracy, sayingCanada is the country of choice for people who videotape movies and then distribute them online.

It's too hard to prosecute people who copy videos, games, music or films and offer them on the internet under Canada's existing laws, said Danielle LaBossiere, director of the Entertainment Software Association of Canada.

"It's pretty difficult to pursue people under the existing laws because you have prove their intent to circumvent, which means you have to prove that they know what they're doing is wrong," she said.

Most parties are agreed thatCanada's aging copyright lawsare not adequate to new technologies.

But punitive laws that charge people for downloading material are not the way to go, some artists groups say.

Opportunity ignored

Toronto musician Andrew Cash says the recording industry is ignoring the opportunity the internet represents by insisting on tight and rigid rules for downloading.

"The sooner the music culture, including major labels, embrace what's going on, I think that's going to raise everyone's boat," Cash said.

Like many artists who belong to the Canadian Music Creators Coalition (CMCC), Cash has experimented with selling his work over a website.

With his last album, he sold fewer records but made more money through the internet.

Current law makes it harder for artists to connect with fans, says Steven Page, singer for the Barenaked Ladies and spokesman for CMCC.

"So let's say an artist has a myspace[web] page. You have to consult with both your label and your publishers before you can put up a song even to stream for someone to hear the music you make," he said.

New way of earning revenue

What's needed is a new way of earning revenue from computer downloading, he said.

In China, for example, universities and internet providers pay a fee to compensate artists under an experimental system that is nowlooking to expand in Canada.

Members of the CMCC have brought their concerns to Oda, Cash said.

"She was surprised, I think ,to hear musicians saying that downloading music isn't necessarily a bad thing. I think what surprised us was she was asking us to come forward with business models," he said.

When a copyright bill does arrive it will require a new round of hearings, leaving some industry insiders worriedthe current legal limbo will out-last the sitting government.