Our Neighbour's Proposed ""Tax on the Performance of Sound Recordings"

The National Association of Broadcasters ("NAB") in the USA is the counterpart of the CAB in Canada.

The NAB, not surprisingly, opposed what it calls a proposed "Tax on the Performance of Sound Recordings", otherwise known in Canada as one of several "neighbouring rights." Down there, they don't even like the word "neighboring" as they spell it - but the concept is very much alive and in play in H.R. 848, the "Performance Rights Act", introduced by Rep. John Conyers, a great friend to the music industry.

Canada's Copyright Board values these rights essentially as equivalent to classic copyright rights, although in practice they are discounted to about 43% of their counterpart copyright rights due to the "eligible repertoire" requirements that limit liability to pay to rights owners in countries without equivalent protection.

The NAB has published an interesting white paper based upon international comparisons, in which Canada is mentioned several times.

There's a hearing going on today March 10, 2009 in Washington on this. Interestingly, Stan Liebowitz -a regular witness at Copyright Board hearings in Canada - is testifying, along with Mitch Bainwol and others.

Naturally, CRIA, NRCC, the CAB and and others up hear will be watching this with great interest. This is because the implementation of "neighbouring" rights in the USA could lead eventually to the the granting of full or partial reciprocity to the American rights owners, thereby greatly increasing the cost of certain tariffs and exacerbating the outflow of money from Canada and into the hands of RIAA and CRIA members.

Is Torture by Music a "Performance in Public"?

Certain collectives are quick to collect money from those in nursing homes, hospitals, prisons etc. on the basis that these are "public" places. Never mind that the audience is captive and it's their home, like it or not.

Well, it turns out that music is used at Guantanamo for torture purposes, according to the BBC.

Singer David Gray has warned that US interrogators playing loud music as a form of torture - including his own song Babylon - is no laughing matter.

"Only the novelty aspect of this story gets it noticed... Guantanamo greatest hits," he said.

"What we're talking about here is people in a darkened room, physically inhibited by handcuffs, bags over their heads and music blaring at them.

Leaving aside the legal niceties about whose law if any applies in that dreadful place, one can only wonder if ASCAP might not want a piece of the action. After all, it went after the Girl Guides not so long ago. And if it could try to make a buck off Girl Guides, who are nice people, why not alleged terrorists? Why should terrorists enjoy free music?

HK