OPINION: Copyright and 'the cloud': What goes up must come down

(A Canadian icon who knows something about clouds)

From the Wire Report, October 25, 2011

OPINION: Copyright and 'the cloud': What goes up must come down

October 25, 2011 - 5:07pm — By Howard P. Knopf

On Oct. 14, 2011, I had the pleasure of being a commentator along with Grace Westcott on a panel about competition and intellectual property implications of “the cloud.” The panelists were Prof. Salil Mehra, Prof. Pamela Samuelson, Dr. Craig McTaggart, and Prof. Oliver Goodenough. This was the wrap-up panel to a day-long conference organized by Prof. Ariel Katz who is the director of the Centre for Innovation Law and Policy at the University of Toronto Faculty of Law. (A webcast is archived here). My remarks here are an elaboration of points I raised in my own brief comments that followed excellent presentations.

The cloud generally refers to some or all of remote storage, access and processing of data by third party service providers. These services are generally accessible from anywhere on a variety of devices. The cloud does not merely refer to mysterious cyber-lockers where millions of illicit files are stored. We are all using the cloud, whether we realize it or not. Common examples would include such diverse services as Gmail, Google Docs, Scribd, Dropbox, and Facebook. Proposed new services include Apple's iCloud, which would feature a very sophisticated music storage and delivery service that would include all of a user's previously acquired tracks, with presumably no questions about where they came from. It would substitute better quality authorized versions where possible, all of this for about $25 a year. But, for reasons that follow, Canadians should not hold their breath waiting for this potentially very positive development that could benefit both musicians and consumers.

...

The rest, including the rather pessimistic conclusion, is available here.

HK

CPCC Makes a Virtue of Necessity & How We "really don't know clouds at all"

(my fav "cloud" song)

 

A little ray of light has momentarily pierced the cloud of confusion about cloud music in Canada.

The CPCC (which is seeking a "tax" on memory cards and still "taxes" blank CDs and has tried without success to "tax" iPods) has announced that:

It is not our position that cloud-based music distribution systems should be subject to a private copying levy under the Copyright Act, and the CPCC will not seek to obtain levies for private copies of music made with cloud storage services.

It’s good to actually read this, even though it would seem incongruous that even the CPCC could regard “the cloud” as a “blank audio recording medium”. Here is their press release.   

But, then again, the CPCC tried and failed twice in the Courts to have iPods and other digital audio recorders - which are “devices” - treated as a “medium” so that they could be taxed. (Disclosure - I was involved in these battles both at the Board and in the Courts).

So, today’s announcement may be simply making a virtue of necessity.
       
But don't exhale just yet. One has little doubt that many of the stakeholders in CPCC will be thinking about seeking pieces of the “cloud” action through tariffs on performance, communication and reproduction - and not just for music but for sound recordings and performers’ performances as well. The thought of endless and expensive Copyright Board hearings is doubtless music to the ears of many lawyers.

Of course the Supreme Court of Canada and Parliament in the next copyright bill may have some things to say that could have a major effect on all of this. We’ll very likely know for sure by this time next year, more or less, on both fronts.

Whether the “cloud” brings a gentle, nurturing shower of innovation and music or a torrential and destructive typhoon of Copyright Board and judicial review proceedings to Canada remains to be seen.

 

One thing is for sure. Well have to look at music in the cloud "from both sides now".

HK