Monday, 25 June 2012

Copyright In Canada...My understanding.

“The more I think about it the more I realise these videos belong here too…”…”@lyndahere Between the Rock and A Hard Place 15 June 2012.

Lynda Elstad or @lyndahere records concerts of Great Big Sea and their members and places them on her on YouTube site BetweenTheRock and AndPassionateKisses and her webpage Between The Rock and a Hard Place. She has made multiple recordings of the hits of Great Big Sea filmed at various events around the world, for example there are approximately 30 copies of the song Love Me Tonight on her YouTube site. She distributes links to her recordings via Twitter and other social media sites. Her YouTube site has been operating since August 2008 and has approximately 538 subscribers. She filmed the performance of Alan Doyle ‘Live at Revival’ special and distributed links to it soon after. Under the current copyright law it is illegal to distribute copies of copyrighted materials.

Canadian copyright law states if an individual or group of people perform or record a musical work created by someone other than themselves it is most likely to be under copyright. One of the exceptions to the rule is traditional music or tunes of composers that have been dead for over 50 years. Recording music in all formats requires a license. If Canadians use music for any other purpose other than their own they are required to obtain a license before performing or recording the copyrighted material.

The Canadian Copyright Act states…

 (1) For the purposes of this Act, “copyright”, in relation to a work, means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, and includes the sole right
(a) to produce, reproduce, perform or publish any translation of the work,….
(d) in the case of a literary, dramatic or musical work, to make any sound recording, cinematograph film or other contrivance by means of which the work may be mechanically reproduced or performed,…
(f) in the case of any literary, dramatic, musical or artistic work, to communicate the work to the public by telecommunication,…
and to authorize any such acts.

Wikipedia (2012) states that a “copyright infringement” is the “unauthorised use of works under copyright infringing on the copyright holders exclusive rights…that include the right to spread the information contained within the copyrighted works or make derivative works”.

There is a considerable amount of material made generously available by Great Big Sea free to members of the public available on their own official sites. They have 18 professionally made videos of their songs available  on their official site on Youtube. It was established on March 3 2008 and has approximately 26222 subscribers. There are approximately 5 songs are available for free download on their Myspace page. Alan Doyle has put up videos and recordings of his single I’ve Seen a Little from his new album, a free download and video of Mutiny on the Dawn, plus some other nice performances of his solo album available on his official home webpage and Youtube site.

GBS official
Youtube hits
Betweentherock copies
When Im Up
95050
7 copies approx.
Ordinary Day
165956
15 copies approx.
Sea of No Cares
16589
16 copies approx.
Stumbling In
12987

Captain Kidd
65027
3 copies approx.
Clearest Indication
17722
7 copies approx.
Run Runaway
51304
3 copies approx.
Mari Mac
23172

Going Up
16801

Stop Falling
123999

Consequence Free
55763
7 copies approx.
Feel It Turn
10506

Everything Shines
10555
3 copies approx.
End of the World
54475

Good People
43126

Nothing But a Song
57697
9 copies approx.
Love Me Tonight
3556
29 copies approx.
Walk on the Moon
81947
6 copies approx.

Alan Doyle
Youtube hits
BetweentheRock copies
Ive Seen a Little

3 copies approx.
Mutiny on the Dawn

6 copies approx.

The recent changes to the Canadian Copyright Act involve digital locks on DVDs that prevent multiple copying and that those who purchase a DVD can make a backup copy for their personal use.


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