Over the past couple of years several individual Americans and companies have been prosecuted for illegally downloading songs and distributing them on peer-to-peer networks by the Record Industry Association of America (Wikpedia 2012). RIAA represents the recording industry in America and part of their goals is to monitor the laws, regulations and policies of the industry (Wikapedia 2012, RIAA Homepage 2012). Two high profile cases have included a single mother from Minneapolis who was ordered to pay record companies $220 000 for illegally downloading and sharing approximately 24 copyrighted songs and a Boston university students was prosecuted and fined $675 000 for downloading approximately 30 songs. In the case of the Boston university student the defence of “fair usage” was not allowed by the court.
Fair usage known as fair dealing under the “Canadian Copyright Act' allows users of copyrighted material to engage in certain activities relating to research, private study, criticism, review, or news reporting. With respect to criticism, review, and news reporting, the user must mention the source of the material, along with the name of the author, performer, maker, or broadcaster for the dealing to be fair” (Wikapedia 2012).
The 2004 ruling by the Supreme Court of Canada in CCH Canadian Ltd. v. Law Society of Upper Canada outlined the six principals of fair dealing. They included the purpose of the dealing, the character of the dealing, the amount of dealing, alternatives to dealing, the nature of the work and the effect of the dealing.
One of principals is the purpose of the dealing. It is difficult to identify what the purpose of @lyndahere’s Between the Rock and a Hard Place webpage is. Her introduction states it is about the Canadian province of Newfoundland, Alan Doyle, Great Big Sea and even Russell Crowe the Australian actor. To be honest I have only read her posts for 2012 due to their extensive nature. They are part review of the shows she has attended but more a criticism of their organisation rather than the artists and their music. Not all of the copies of the songs filmed by @lyndahere are directly linked or named in reviews of Great Big Sea shows or Alan Doyle shows on webpage nor have they been reviewed. It is more of a place to discuss the ups and downs of her personal life and personal opinions, the usual declaration of love for Alan Doyle, to show off some photos and video recordings and more recently writing fiction.
Under the principle of how much has been copyrighted she has filmed and downloaded whole concerts, albums and CDs and released them via Youtube. “There are a few videos with low or no drums that I might put up or maybe I’ll just go with snippets all to further wet the appetite for and perhaps increase the viewership and sales of CMT special and most important of all Alan’s Boy on the Bridge solo album…” @lyndahere Between the Rock and A Hard Place 16 February 2012 on attending Alan Doyle’s ‘Live at Revival’.
Under the principal of ‘alternatives to dealing’ there are non-copyrighted equivalents of her own work. She has multiple copies of most of the songs she has recorded of Great Big Sea and Alan Doyle at various locations around the world. The continual filming of songs is not necessary to review of her work. In most cases there is nothing more than a list all the tunes played. So the dealing was not necessary to achieve the blog post.
Under the principal the ‘nature of the work’ states that one of the aims of copyright is that a “reproduction with acknowledgement could lead to a wider dissemination of work” one of the goals of copyright law…If however the work in question was confidential, this may tip the scales towards finding that dealing was unfair” (Wikipedia 2012). @lyndahere distributes songs and material of Great Big Sea and Alan Doyle without permission and consultation. I would consider an album not released confidential. Although I have not read the conditions on entry to the filming of the Alan Doyle documentary/special or the conditions of entry to Great Big Sea and Alan Doyle shows I would imagine there would be a clause in the sale of tickets as there are in my country that state that a condition of entry into the event is that a patron cannot record or take pictures at the event.
It’s easy enough to follow most of his radio appearances…but what has caught my attention the most is how diligently Alan has been working so much that his dear sweet voice is beginning to fray around the edges though that slightly pleading edge makes him sound all the more compelling to me to get his solo music heard…”@lyndahere Between the Rock and A Hard Place 18 June 2012.
The effect of the dealing…It is difficult to know how the impact of @lyndahere has affected the market of the original work. She has with no qualms and no expertise decided to release the work of Great Big Sea and Alan Doyle. I would say a lot. It is difficult to tell how many people kept and distributed her original recordings released of his solo album rather than buy an album or download songs from legal sites. The first contact that many fans have with new music is via a @lyndahere recorded video. They form first impressions based on what they watch which is my greatest fear. But this is not to give her too much credit. Her imagination justifying and validating her actions.
Great Big Sea and Alan Doyle have a 20 year proven track record in Canada, the US and around the world. They have won industry awards and sold over 1.5 million records. In Canada eight CDs have achieved gold status (50 000 plus) and three of double platinum and two triple platinum (100 000 plus). Next year 2013 will be a celebration of 20 years in the music business with the release of a consolation CD and a national tour.
