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.

Thursday, February 17, 2005

CARACAS, Venezuela —The Brazilian President Luiz Inácio Lula da Silva met the Venezuelan President Hugo Chavez on February 14, 2005 in Caracas, Venezuela. Brazil and Venezuela signed agreements of cooperation on many areas. According to the Brazilian government this was a strategical encounteur. This meeting is the first of three meetings that President Lula will have with South American Presidents in three days. The scheduled meetings are with the presidents of: Venezuela (February, 14), Guiana (February, 15) and Suriname (February, 16).

President Lula was accompanied by the following comitiva: the Minister of Development, Industry, and External Trade Luiz Fernando Furlan, the Minister of Finance Antônio Palocci, the Minister of Foreign Relations Celso Amorim, the Minister of Health Humberto Costa, the Minister of Mines and Energy Dilma Roussef, the Minister of Tourism Walfrido Mares Guia, the President of Petrobras José Eduardo Dutra, the President of National Economic and Social Development Bank (BNDES) Guido Mantega, the President of Eletrobrás Silas Rondeau Cavalcante Silva and the Special Secretary for Aquaculture and Fisheries José Fritsch. In addition a delegation of executives representing enterprises from Brazil accompanied the President.

The Brazilian Ministry of External Relations told the trip aims the construction of a strategical alliance and commercial integration between both countries. The Brazilian Presidential Advisor Marco Aurélio Garcia said:”With this gesture, Brazil will consolidate one of its major political goals, which is the constitution of a South American community of nations”. He added: “These agreements with Venezuela are strategical. We want this agreement as a model for other agreements in the region.”

According to President Lula the integration of the Latin America is the priority number one of his government. Days before the arrival in Venezuela and commenting about the trip Lula said: “We’re going to do the same thing in Colombia and in other countries in which integration is no longer a campaign speech but part of the way we deal with real things, day to day”.

The integration of the Latin America is the politics repeatedly proposed by Lula during the meetings of the Foro de São Paulo. According to him and the others members of the Foro there must be a integration among all the left parties and governments of Latin America. The union aims to be an alternative and opposing force to the politics and influence of the richest countries, mainly the United States. Among the organizations which are usually participants of the Foro de São Paulo are: Communist Party of Cuba, Colombian Communist Party, Communist Party of Bolivia, Communist Party of Brazil, Workers’ Party, Paraguayan Communist Party, Peruvian Communist Party, Socialist Party of Peru, National Liberation Army, Revolutionary Armed Forces of Colombia, Farabundo Martí National Liberation Front, Guatemalan National Revolutionary Unity, Tupamaros.

On December 4, 2001 during the 10th edition of the Foro de São Paulo in Havana Lula said:”A shoal of small fish may mean the finishing of the hungry in our countries, in out continent. We should not think as the History ended on our journey by the Earth. Even it happens just once, or with one gesture, let’s effectively contribute to the improve the life of millions of human beings who live socially excluded by this neoliberal model.”[1]

In Venezuela, once again, he brought out the integration wish: “This is the biggest dream I am carrying, that we can negotiate collectively, not like one country, but like a set of countries so we can do that our people may have the chance to conquer the full citizenship.”

Sunday, December 13, 2015

Macomb, New York Councilman Steve Burke took some time to speak with Wikinews about his campaign for the U.S. Democratic Party’s 2016 presidential nomination.

Burke, an insurance adjuster and farmer, was elected councilman in Brookhaven, New York in 1979. He left the town after being accused and found not guilty of bribery in the 1980s. Since 1987 he has served as Macomb councilman off-and-on and currently holds the post. From 1993 to 1996 and 1999 to 2002 he worked as chairman of the Democratic Party of St. Lawrence County, New York. Among his many political campaigns, Burke unsuccessfully sought the Democratic Party’s presidential nomination in 1992 and recently attempted to run for U.S. Congress in 2014 but too many of his ballot petition signatures were found invalid. Burke filed with the Federal Election Commission to run for president in the 2016 election on September 18, 2015 and has qualified for the first-in-the-nation New Hampshire Primary.

With Wikinews reporter William S. Saturn?, Burke discusses his political background, his 2016 presidential campaign, and his policy proposals.

Monday, August 6, 2007

At least six miners are trapped approximately 1700 feet underground in a coal mine in Utah after portions of the shaft collapsed. The mine is owned by Utah American Energy and is close to the town of Huntington, Emery County, 160 km south of Salt Lake City.

Robert Murray, The CEO, President, Director and owner of Murray Energy and the owner of Utah American Energy, said during a press conference at 5:00 p.m. (eastern time), an “earthquake caused the collapse at about 3:00 a.m. (mountain time).”

The United States Geological Survey (USGS) recorded what is allegedly a magnitude 3.9 earthquake at 2:48 a.m. (mountain time) on Monday morning 21 km (13 miles) east, southeast of Mount Pleasant, Utah, but the director of the USGS seismology stations Walter Arabasz, says that no earthquake caused the collapse.

Murray states that at least “two mining machines will be brought in to clean out the debris” at the beginning of the collapse and that he will “spare no expense” in rescuing the men.

“We have four rescue teams working to free the trapped miners. We will try four ways to get to the miners which include drilling 1,700 feet from the top of the mountain. We will also drill a hole” in a neighboring mine shaft sealed in 2004 after it was finished being mined that is “about 100 feet from the miners.”

Tuesday, March 6, 2007

A rupture in the underground stormwater drain system opened a huge sinkhole on February 23, killing three people and bringing down twelve houses in Guatemala City.

Teenagers Irma and David Soyos and their father, 53-year old Domingo Soyos were killed when their house collapsed into the sinkhole. Nearly a thousand people were evacuated from the San Antonio neighborhood after the collapse.

Wikinews interviewed Eric Haddox, a civil engineer who has visited the site of the sinkhole and spoken to the engineers working on fixing the drain. Mr. Haddox, who specialises in the building of earthworks, roads, water supply and sewage systems, and is working as a missionary in Guatemala, visited the site following the collapse to help in the recovery effort.

Mr. Haddox told us that the size of the hole is much smaller than the 330 feet depth originally reported and that the erosion causing the collapse is believed to have happened over a long time, and not just during the recent rains as initially suspected.

There are also concerns that a four-story building less than a metre from the edge of the hole may collapse as the earth under the building continues to be eroded.

Before the collapse, a junction box linked two collector pipes to a 3.5m main pipe leading to a nearby canyon in a system believed to be 20 to 50 years old. The surrounding earth had been filled in artificially to level the ground, but the fill was not well compacted before being built upon. Such leveling of the ground is widespread in Guatemala city.

It is thought that, at some point in the last 20 years, either one of the collector pipes ruptured or was detached from the junction box, possibly because of seismic activity. Water gushing out of the break following rainstorms gradually eroded the loosely compacted soil, creating an expanding cavern around the junction box. On February 23, the roof of this cavern collapsed, creating the sinkhole, 20m wide at the top and tapering out towards the bottom, which is about 60m (204 feet) deep, not 330 feet as originally reported.

“Things like this don’t happen often and there are many interesting engineering lessons to be learned with them”, Mr. Haddox said.

The sinkhole has continued to expand even after the collapse, since the collector pipes continue to carry water, which cascades 15m down the sinkhole to the main pipe, further eroding the sides of the sinkhole. The hole was about 25m wide at the top and 40m wide at the bottom a week ago.

A bypass pipe is being laid to divert the water away from the junction to arrest further erosion. The sinkhole will then have to be drained before repair work can begin.

Authorities are also concerned that similar breakages and undermining may be happening at other locations, Mr. Haddox said. Muddy water has been seen coming out of the main collector pipes, but it is not certain whether this is due to ruptures elsewhere or simply mud from the surface that has been washed into the drainage system.

Sunday, November 5, 2006

On November 2, Ted Haggard resigned from the presidency of the National Association of Evangelicals and his pastorship in the New Life Church after allegations that he repeatedly engaged in homosexual sex with a prostitute (Mike Jones) and used methamphetamine.

Haggard, a critic of gay marriage and homosexuality, is a leading social conservative voice. Author Jeff Sharlet reported that Haggard “talks to. . . Bush or his advisers every Monday” and opines that “no pastor in America holds more sway over the political direction of evangelicalism.”

In his church, Haggard preached “we don’t have to debate about what we should think about homosexual activity, it’s written in the Bible.”

On Wednesday Haggard denied knowing the male escort, Jones, but admitted Friday that he had summoned the escort to give him a massage in a Denver hotel room and bought methamphetamine from him. He then followed up and said, “I was tempted, I bought it, but I never used it.”

Thursday, October 22, 2020

2020 Melbourne Lord Mayor candidate Wayne Tseng answered some questions about his campaign for the upcoming election from Wikinews. The Lord Mayor election in the Australian city is scheduled to take place this week.

Tseng runs a firm called eTranslate, which helps software developers to make the software available to the users. In the candidate’s questionnaire, Tseng said eTranslate had led to him working with all three tiers of the government. He previously belonged to the Australian Liberal Party, but has left since then, to run for mayorship as an independent candidate.

Tseng is of Chinese descent, having moved to Australia with his parents from Vietnam. Graduated in Brisbane, Tseng received his PhD in Melbourne and has been living in the city, he told Wikinews. Tseng also formed Chinese Precinct Chamber of Commerce, an organisation responsible for many “community bond building initiatives”, the Lord Mayor candidate told Wikinews.

Tseng discussed his plans for leading Melbourne, recovering from COVID-19, and “Democracy 2.0” to ensure concerns of minorities in the city were also heard. Tseng also focused on the importance of the multi-culture aspect and talked about making Melbourne the capital of the aboriginals. Tseng also explained why he thinks Melbourne is poised to be a world city by 2030.

Tseng’s deputy Lord Mayor candidate Gricol Yang is a Commercial Banker and works for ANZ Banking Group.

Currently, Sally Capp is the Lord Mayor of Melbourne, the Victorian capital. Capp was elected as an interim Lord Mayor in mid-2018 after the former Lord Mayor Robert Doyle resigned from his position after sexual assault allegations. Doyle served as the Lord Mayor of Melbourne for almost a decade since 2008.