Wednesday, December 16, 2009

A report published last week in the Toronto Star by Professor Michael Geist of Canada’s University of Ottawa claims a copyright case under the Class Proceedings Act of 1992 may see the country’s largest players in the music industry facing upwards of C$6 billion in penalties.

The case is being led by the family and estate of the late jazz musician Chet Baker; moving to take legal action against four major labels in the country, and their parent companies. The dispute centres around unpaid royalties and licensing fees for use of Baker’s music, and hundreds of thousands of other works. The suit was initially filed in August last year, but amended and reissued on October 6, two months later. At that point both the Canadian Musical Reproduction Rights Agency (CMRRA) and Society for Reproduction Rights of Authors (SODRAC) were also named defendants.

January this year SODRAC and CMRRA switch sides, joining Baker et al. as plaintiffs against Sony BMG Music, EMI Music Canada, Universal Music Canada and Warner Music Canada. David A. Basskin, President and CEO of CMRRA, with a professional law background, stated in a sworn affidavit that his organisation made numerous attempts over the last 20 years to reduce what is known as the “pending list”, a list of works not correctly licensed for reproduction; a list of copyright infringements in the eyes of the Baker legal team.

The theoretical principle of the list is to allow timely commercial release while rights and apportionment of monies due are resolved. Basskin complains that it is “economically infeasible to implement the systems that would be needed to resolve the issues internally”. And, “[…] for their part, the record labels have generally been unwilling to take the steps that, in the view of CMRRA, would help to resolve the problem.”

The Baker action demands that the four named major labels pay for and submit to an independent audit of their books, “including the contents of the ‘Pending Lists'”. Seeking an assessment of gains made by the record companies in “failure or refusal to compensate the class members for their musical works”, additional demands are for either damages and profits per the law applicable in a class action, or statutory damages per the Copyright Act for copyright infringement.

This forms the basis for Professor Geist’s six billion dollar calculation along with Basskin’s sworn testimony that the pending lists cover over 300,000 items; with each item counted as an infringement, the minimum statutory damages per case are CA$500, the maximum $20,000.

Basskin’s affidavit on behalf of CMRRA goes into detail on the history leading up to the current situation and class action lawsuit; a previous compulsory license scheme, with poor recordkeeping requirements, and which, had a decline in real terms to one of the lowest fees in the world, was eventually abolished and the mechanical license system introduced. The CMRRA went on to become a significant representative of music publishers and copyright holders, and the pending list an instrument to deal with situations where mechanical rights were as-yet not completely negotiated. Basskin’s affidavit claiming the list grew and circumstances worsened as time progressed.

The Mechanical Licensing Agreement (MLA) between the “majors'” industry body, an attached exhibit to the affidavit, is set to expire December 31, 2012; this is between CMRRA and the Canadian Recording Industry Association (CRIA). With the original MLA expiring at end September 1990, CMRRA negotiated more detailed terms and a “code of conduct”. Subsequent agreements were drawn up in 1998, 2004, 2006, and 2008.

Basskin asserts that the named record company defendants are the “major” labels in Canada and states they “are also responsible for creating, maintaining and administering the so-called “Pending Lists” that are the subject of the current litigation”; that, specific to publishing, divisions of the four represent the “‘major’ music publishers active in Canada”. Yet the number of music publishers they represent has decreased over time due to consolidation and defection from the CRIA.

Geist summarizes the record company strategy as “exploit now, pay later if at all”. This despite the CMRRA and SODRAC being required to give lists of all collections they represented to record labels, and for record labels to supply copies of material being released to permit assessment of content that either group may represent interested parties for. Where actual Mechanical License Agreements are in place, Basskin implies their terms are particularly broad and preclude any party exercising their legal right to decline to license.

Specific to the current Mechanical Licensing Agreement (MLA) between the CMRRA and the CRIA; a “label is required to provide an updated cumulative Pending List to CMRRA with each quarterly payment of royalties under the MLA.” The CMRRA is required to review the list and collect where appropriate royalties and interest due. Basskin describes his first encounter with pending lists, having never heard of them before 1989, thus:

Alain Lauzon, General Manager of Canada’s Society for Reproduction Rights of Authors, Composers and Publishers (SODRAC) submitted his followup affidavit January 28, 2009 to be attached to the case and identify the society as a plaintiff. As such, he up-front states “I have knowledge of the matters set out herein.” Lauzon, a qualified Chartered Accountant with an IT specialisation, joined SODRAC in 2002 with “over 20 years of business experience.” He is responsible for “negotiation and administration of industry-wide agreements for the licensing of music reproduction and distribution”; licensing of radio and online music services use is within his remit.

Lauzon makes it clear that Baker’s estate, other rightsholders enjoined to the case, SODRAC, and CMRRA, have reached an agreed settlement; they wish to move forward with a class proceeding against the four main members of the CRIA. He requests that the court recognise this in relation to the initially accepted case from August 2008.

The preamble of the affidavit continues to express strong agreement with that of David Basskin from CMRRA. Lauzon concurs regarding growing use of “pending lists” and that “[…] record labels have generally been unwilling to take the steps that would help to resolve the Pending List problem.”

With his background as an authority, Lauzon states with confidence that SODRAC represents “approximately 10 to 15% of all musical works that are reproduced on sound recordings sold in Canada.” For Quebec the figure is more than 50%.

Lauzon agrees that the four named record company defendants are the “major” labels in Canada, and that smaller independent labels will usually work with them or an independent distribution company; and Basskin’s statement that “[t]he responsibility to obtain mechanical licenses for recordings manufactured and/or released in Canada falls with the Canadian labels by law, by industry custom, and by contractual agreement.”

Wikinews attempted to contact people at the four named defendant CRIA-member record labels. The recipient of an email that Wikinews sent to Warner Brothers Canada forwarded our initial correspondence to Hogarth PR; the other three majors failed to respond in a timely fashion. Don Hogarth responded to Wikinewsie Brian McNeil, and, without addressing any of the submitted questions, recommended a blog entry by Barry Sookman as, what he claimed is, a more accurate representation of the facts of the case.

Sookman is a lobbyist at the Canadian Parliament who works in the employ of the the Canadian Recording Industry Association (CRIA). Hogarth gave no indication or disclosure of this; his direction to the blog is to a posting with numerous factual inaccuracies, misdirecting statements, or possibly even lies; if not lies, Sookman is undoubtedly not careful or “very qualified” in the way he speaks on the issue.

Sookman’s blog post opens with a blast at Professor Geist: “his attacks use exaggeration, misleading information and half truths to achieve his obvious ends”. Sookman attempts to dismiss any newsworthiness in Geist’s article;

As the extracted [see right] stamp, date, and signature, shows, the court accepted amendments to the case and its submission, as Professor Geist asserts, on October 6. The previously mentioned submissions by the heads of CMRRA and SODRAC were indeed actions within the past year; that of SODRAC’s Alain Louzon being January 28 this year.

Sookman continues his attack on Professor Geist, omitting that the reverse appears the case; analysis of his blog’s sitemap reveals he wrote a 44-page attack on Professor Geist in February 2008, accusing him of manipulating the media and using influence on Facebook to oppose copyright reform favourable to the CRIA. In the more current post he states:

This characterisation of the pending list only matches court records in that it “has been around for decades”. CMRRA’s Basskin, a lawyer and industry insider, goes into great detail on the major labels resisting twenty years of collective societies fighting, and failing, to negotiate a situation where the labels take adequate measures to mechanically license works and pay due fees, royalties, and accrued interest.

What Sookman clearly overlooks is that, without factoring in any interest amounts, the dollar value of the pending list is increasing, as shown with the following two tables for mid-2008.

As is clear, there is an increase of C$1,101,987.83 in a three-month period. Should this rate of increase in the value of the pending list continue and Sony’s unvalued pending list be factored in, the CRIA’s four major labels will have an outstanding debt of at least C$73 million by end-2012 when the association’s Mechanical Licensing Agreement runs out.

Tuesday, November 14, 2006

The Sector 15A locality in Noida, India, which is considered an elite enclave of rich industrialists, bureaucrats and professionals was in for a shock when Anant Gupta, son of Adobe India CEO Naresh Gupta was abducted in broad daylight by two unidentified men on Monday.

The Noida police was subsequently notified but they were unable to locate the motor-cycle used by the kidnappers as no one was able to take down the registration number of the vehicle. A number of raiding teams have been formed by the police to track down the offenders.

Naresh Gupta, who was in the United States at the time of the incident has implored the media to stop covering this issue so as to avoid sensationalising and prevent any harm to his son.

The kidnapping sent shockwaves throughout the cities of Noida and New Delhi. Some say this is an indicator of the rising crime rate in a city like Noida which was previously considered relatively safe and peaceful.

[edit]

Sunday, December 4, 2016

A gunman last night killed Tiina Wilen-Jappinen, Social Democratic town council leader, and two journalists in Imatra, Finland.

The trio had just left a restaurant in the southeastern border town’s nightlife centre when they were shot. A 23-year-old suspect was immediately, peacefully arrested. Police believe the attack was random and not political or religious.

The male suspect did not own the lawfully-registered hunting rifle used in the shooting. The shooting at around midnight killed all three female victims at the scene. The women were shot in their heads and torsos. Candles were left at the scene. Police have yet to confirm the journalists’ identities, but said one was in her 50s and the other in her 30s.

South Karelia health and social care spokesperson Saara Raudasoja said “We decided to open a crisis centre after the shooting occurred right in the middle of the town centre near restaurants and nightclubs[…] In such a small place, it’s quite a huge incident and many people were shocked.” The town is home to around 28,000 people.

Police said the attacker outside the restaurant opened fire when the victims left. He then stayed in his car awaiting police. Southeast Finland police Sgt Heli Jämsén-Turkki said the attack was so rapid the victims were most likely chosen at random. Lead investigator Saku Tielinen said the suspect had prior convictions for violence and theft.

“It seems the gunman and victims didn’t know each other,” said Tielinen. Police said four or five shots were fired. The suspect, who lives locally, tested negative for alcohol and other tests are pending.

Bloodstains were visible in the snow. A church service was planned for tonight. Officials including Prime Minister Juha Sipila have expressed respects online.

Finland enjoys one of Europe’s lowest crime rates and has one of the highest levels of gun possession. The country has strong hunting traditions. Of 5.4 million inhabitants, 650,000 have registered ownership of firearms. Two school shootings led to a recent increase in gun control nationally.

Wednesday, November 8, 2006

Wal-Mart Canada’s first three supercenters opened in Ancaster, London and Stouffville, Ontario.

The idea originally started in the United States in late 2005 and was announced that it would be arriving in Canada.

Flat screen TVs suspended from the ceiling will feature a television network, featuring fashion shows of Wal-Mart’s clothing lines, TV commercials featuring brands the retailer carries, and corporate messages.

With an expanded selection of electronics, hardware, home and housewares, the Wal-Mart supercentre could be compared to Future Shop, Home Depot, Home Outfitters, Shoppers Drug Mart, and Fortinos. The supercentre has wider aisles, higher ceilings, clear signage, and cash registers in selected departments such as electronics and clothing.

“Our goal is to become the one-stop shop for customers,” said Mario Pilozzi, chief executive of Wal-Mart Canada. “You see how fresh that is today? We are going to maintain that freshness in these stores.”

Wal-Mart’s Canadian supercentres are more sophisticated then their U.S. counterparts, because Canadian grocers have created higher expectations among the average consumer, company officials say.

However, Wal-Mart openings are controversial in many communities. Activists claim they can be detrimental to local economies, driving out locally owned businesses, lowering wages, and leading to suburban sprawl.

Wal-Mart already has plans to open fourteen new supercentres in 2007, of them Scarborough, Sarnia, Brampton and Vaughan will be early in the year.

Wednesday, November 18, 2009

Czechs and Slovaks yesterday celebrated the twenty-year anniversary of the so-called “Velvet Revolution“, which brought down the then Czechoslovakian Communist regime, with thousands re-enacting the demonstration that followed the fall of the Berlin Wall, and elections in Poland and Hungary.

David Gaydecka, one of the organisers, was thirteen when he went with his father to participate in the demonstration. “I didn’t really understand what was happening, but I could sense something in the air. I knew this was something important,” he said. “The Wall had come down in Berlin, they were holding elections in Poland and Hungary. Everyone knew that it would come here too, but nobody knew how to do it. It was embarrassing for the Czechs; we were almost the last ones.”

Former dissident and playright Václav Havel, who went on to become President of Czechoslovakia (and first president of the Czech Republic) joined 5,000 students, past and present, who retraced the march. Originally officials had sanctioned the march, but groups splintered away in an attempt to reach Wenceslas Square. The Communist leaders ordered riot police to seal off streets, leading to beatings and two hundred people injured.

This was to prove the government’s downfall with anger throughout the country motivating opposition and the old regime broke down shortly afterwards. “The atmosphere that day was terrible, like a war,” Michael Kocáb, Czech Minister for Human Rights and Minorities, who played a major role in the transition from a totalitarian regime to democracy. “I was just a few yards away when I saw the police beating people. It was the first time that the police did not leave an escape route for us. By then we were used to clashes but somehow we felt that day that it would be an important moment that would lead to change and have an impact on the regime.”

Havel, along with current Czech President Václav Klaus, Prime Minister Jan Fischer and hundreds of participants laid flowers and lit candles at a memorial in memory of the violent clashes. “The march set history into motion,” said Havel.

• “Thousands to celebrate twenty years since fall of Berlin Wall” — Wikinews, November 9, 2009

Friday, October 17, 2008

Muslim Somali workers at a meat packing plant in Grand Island, Nebraska wanted to pray. Their colleagues from Latin America wanted to work. A dispute over the company’s break schedule led to formal discrimination claims, mass job walk-offs and public protests by both sides last month, and a reported 200 firings.

Tensions at the plant began after a Federal government raid in December 2006 removed 200 undocumented workers. An equal number of employees quit shortly afterward. Altogether, six government immigration raids at meat packing plants of Brazilian-owned JBS Swift & Co. had removed 1,200 employees from the company’s work force, which caused substantial production problems. Management at the Nebraska plant responded by hiring approximately 400 Somali immigrants who resided in the United States legally as political refugees. Stricter Federal enforcement of immigration laws has had a significant impact on the meat packing industry because few native-born Americans are willing to work in its low-wage factories. Employers advertise to immigrant communities and after the immigration crackdowns the company turned to the Somali community, which was unlikely to be targeted for deportation.

Many of the new Somali workers were observant Muslims who wanted to practice the traditional religious prayer schedule, and few spoke English. The existing union contract had been negotiated before Muslims became a significant part of the factory work force, when religious needs had not been an issue, and break times were assigned according to a rigid schedule to ensure continuous production and prevent workers from working too long without a break. The sharp knives the meat packers wield for their job pose a substantial risk of accidental injury.

At first the Somali workers prayed during scheduled breaks and visits to the rest room. A few Somalis were fired for “illegal breaks” they had spent praying. Rima Kapitan, a lawyer who represents the Muslim meat packers of Grand Island, told USA Today, “they shouldn’t be forced to choose between their job and their religion.” The Somalis offered to let their employer deduct pay for time at prayer, but supervisors considered it unworkable to lose the labor of hundreds of people simultaneously, even if the interruptions lasted less than five minutes.

Plant worker Fidencio Sandoval, a naturalized United States citizen who was born in Mexico, had polite reservations. “I kind of admire all the effort they make to follow that religion, but sometimes you have to adapt to the workplace.” An immigrant from El Salvador was less sympathetic. “They used to go to the bathroom,” said José Amaya, “but actually they’re praying and the rest of us have to do their work.” Raul A. García, a 73-year-old Mexican meat packer, told The New York Times, “The Latino is very humble, but they [the Somalis] are arrogant… They act like the United States owes them.”

Differences of opinion arose over whether the prayers, which are a religious obligation five times a day for practicing Muslims and vary in exact time according the position of the sun, constitute a reasonable accommodation or an undue burden upon non-Muslim coworkers. Abdifatah Warsame, a Somali meat packer, told The New York Times that “Latinos were sometimes saying, ‘Don’t pray, don’t pray’”.

As the Muslim holy month of Ramadan approached during 2007 the Somalis requested time off for religious reasons. Observant Muslims fast throughout daylight hours during Ramadan. Management refused, believing it would affect the production line. Dozens of Somali workers quit their jobs temporarily in protest. Negotiations between the Somali workers and management broke down in October 2007. Some of the fired Somalis filed religious discrimination complaints with the U.S. Equal Employment Opportunity Commission.

Problems resurfaced after September 10, 2008 when Somali workers approached plant general manager Dennis Sydow with a request to start their dinner half an hour before the usual schedule in order to break their Ramadan fast closer to sundown. Sydow refused due to concern the request would slow production and burden non-Muslim workers. During the same month a Somali woman complained that a plant supervisor had kicked her while she was praying. The union investigated the charge and the supervisor responded that he had not seen her while she bent in prayer and had only kicked the cardboard that was underneath her.

Somali workers walked out on strike September 15 and protested at Grand Island City Hall, asking for prayer time. The following day the union brokered a compromise with plant management to move the dinner break by 15 minutes. Plant scheduling rules would have reduced the work day by 15 minutes with resulting loss in pay for the hourly workers.

A Somali worker, Abdalla Omar, told the press “We had complaints from the whites, Hispanics and [Christian] Sudanese“. False rumors spread about further cuts to the work day and preferential concessions to the Somalis. Over 1,000 non-Somalis staged a counterprotest on September 17. Union and management returned to the original dinner schedule. Substantial numbers of Somali workers left the plant afterward and either quit or were fired as a result. Sources differ as to the number of Somalis who still work at the plant: The New York Times reports union leadership as saying 300 remain, while Somali community leaders assert the number is closer to 100.

The EEOC has sent staff to determine whether treatment of Somali workers has been in compliance with the The Civil Rights Act of 1964. Under the law, employers must make reasonable accommodation for religious practices, but the law grants exceptions if religious practice places substantial hardship on an employer’s business.

Doug Schult, the JBS Swift manager in charge of labor relations, expressed frustration at the inability to resolve the problem, which had surfaced in a Colorado plant as well as the Nebraska plant. He told The Wall Street Journal that his office had spent months trying to understand and comply with new EEOC guidelines in light of conflicting pressures. Local union chapter president Daniel O. Hoppes of United Food and Commercial Workers worries that similar problems could continue to arise at the plant. “Right now, this is a real kindling box”.