Copyright Villians, the Edmonton Oilers
February 3, 2009
Last week, the Edmonton Oilers lost a game to the Buffalo Sabres by a score of 10-2.
So, having a little bit of fun, Fan 960, the radio home for the Calgary Flames decided to have a little fun and create a song to the tune of Lola using a few game audio clips.
I think if you look into the copyright implications, there is NOT any chance that the Oilers would have been able to stop this song if they had to take it to court.
In the US, fair use is determined by four factors. I think that all of them are met easily in this case. See Wikipedia for the factors.
In Canada, I think it may be even more clear cut. Fair dealing is determined from six factors. But “Quoting trivial amounts may alone sufficiently establish fair dealing.” I think using a few seconds of a 2.5 hour broadcast would qualify as trivial.
Fan 960 should have just said, “Take us to court.”
I think Pat LaForge (Oilers President) called Gary Bettman(NHL Commissioner) who called Ken King (Flames President) who called The Fan.
As an Oiler fan, I hated the game. But the best part of a rivalry with Calgary is being able to torment Flames fans when you have the opportunity. The Oilers should have left it alone. Instead the song is getting more airtime then it otherwise would have.
Like being posted on a technology blog from an Oilers fan. I want the right to post the song written about the Flames.
Thanks to mc79hockey for the heads up.
I want my MP3
May 6, 2008
Mark Pilgrim has an incredible post on why you should never buy music with DRM. This is as a result of Microsoft closing the MSN music store and all the customers will have major issues with their music when they upgrade to a new computer.
This has been a nightmare waiting to happen and it is great to see the beginning of unencumbered MP3’s beginning to be available.
My only question is, “WHY NOT IN CANADA??” It is frustrating that currently it is impossible to by DRM free music in Canada. Amazon is supposed to be opening up their store in Canada. Once it does I will be there for sure. The only option right now is buy a CD or file sharing.
Business Wants a DMCA
December 10, 2007
I work for one that doesn’t. I can’t wait until the bill is released and then we can get on with a concerted opposition and not have the minister discount it by saying, “You haven’t read it yet.”
4. Business Wants This Legislation. Prentice claims that virtually every CEO he talks with wants this legislation. If true, he needs to get out more. Has he talked to the Canadian telcos about their desire for more flexible fair dealing? Has he talked to the broadcasters who are concerned with the already increasing costs associated with copyright in Canada? Has he talked to music executives like Terry McBride at Nettwerk who oppose this legislation? Has he talked to companies like Google that point to the great flexibility in implementing the WIPO Treaties? Has he talked to companies like Skylink Technologies, the Ontario company that spent more than $3 million dollars fighting a U.S. DMCA lawsuit? Has he talked to the leading consumer electronics companies that are crying out for more flexible fair dealing under Canadian law? Has he talked to Canada’s retailers who want the government to live up to their promise to eliminate the private copying levy?
Join the Copytright Fight on Facebook
December 10, 2007
Michael Geist – Copyright’s 10K
“I sent an invitation to 100 or so “Facebook friends” in the hope that some would join and that we could create a useful resource for discussion on the upcoming Canadian DMCA. One week later (almost to the hour), the Fair Copyright in Canada group passed the 10,000 member mark. The group, which will hit 11,000 members a few hours after I post this, has led to hundreds of letters and phone calls to Minister Prentice, Prime Minister Harper, and MPs from every political party. It has fostered a robust conversation among many Canadians about balanced copyright. It has served as the focal point for yesterday’s remarkable meeting at Prentice’s open house. It has been a very good week.”
Prentice Open House
December 7, 2007
Thanks to Cory Doctorow for the heads up that Jim Prentice is holding an open house tomorrow. All the details are on Boing Boing.
“This Saturday, Minister Prentice is hosting an open house in Calgary at his constituency office. This is the best chance we will ever have to make our feelings known about the Canadian DMCA. If you are in or near Calgary, plan on attending this event, along with local activist Kempton Lam (sign up on the Fair Copyright for Canada Facebook group).
Dress neatly. Be polite. Be firm. Be friendly. Ask the Minister tough questions (the CBC has collected over 250 questions about this, all of which Prentice has refused to answer) in front of his constituents, the people who voted him into office (you don’t need to remind him that that the last two MPs who tried to introduce a Canadian DMCA lost their jobs — he knows!).”
What to do about the Canadian DMCA
December 7, 2007
Michael Geist – The Canadian DMCA: What You Can Do
“With the Canadian version of the DMCA likely to be introduced within the next two weeks, there has a remarkable outpouring of interest from individual Canadians about what they can do to have their concerns heard. The unfortunate reality is that there is nothing can be done about what the bill will look like when it is introduced – Industry Minister Jim Prentice has simply decided discard consumer, education, research, and privacy interests, ignore his own party’s policy platform, and the cave into U.S. pressure. Once the bill is introduced, however, Canadians can send a message to their MPs, the Ministers, and others, calling for a fair copyright bill that addresses Canadian concerns (those in Calgary can do so in person on December 8th as Prentice hosts an open house).”
Canada’s DMCA
December 5, 2007
Micheal Geist has a great post of the questions that he would like to ask Jim Prentice. This is something good to get you going in the morning so we are all ready to come out swinging when the bill is released.
Here is question 6.
“6. The Privacy Commissioner of Canada, recognizing the potential impact of a Canadian DMCA on the privacy rights of millions of Canadians, has called on the government to conduct a privacy impact assessment on copyright reform legislation. Have you conducted a PIA? If so, will it be released to the public?”
Canada’s Looming Copyright Disaster
November 29, 2007
The conservative government is likely bringing in a disasterous copyright law that is sure to stifle innovation.
Canada’s coming DMCA will be the worst copyright yet – Boing Boing
“Gear up for a fight in the New Year. The American record labels, in particular, are said to be well organised and ready to push this through on a fast track (even though they’ve abandoned DRM in the rest of the world, they view Canada as a weak sister they can push around).”
Canada is Considering Changes to Copyright Law
March 7, 2007
One of my interests is the current discussion revolving around copyrights and the issues created by digital tools. In Canada, the government is trying to develop a new law. Thankfully, we have some very notable people getting involved. The Barenaked Ladies
have been very outspoken about the need for copyright law to allow them to sell their music how they want to. They have very different view than the record companies.
One of the other voices that needs to be listened to is Michael Geist. He is a law professor from the University of Ottawa and writes for the Toronto Star. He is also a very elequent blogger. Today, he deconstructs an article from the Globe and Mail and points out the other side of some of the issues. It is a required subscription for anyone interested in the copyright issue.
Michael Geist – Canada’s Copyright Kyoto
“We have a choice of earning a reputation for implementing a copyright system that truly reflects our national interest and the need for a balanced, forward looking approach. Alternatively, we can gain the reputation of caving to U.S. governmental and lobbying pressure on a critical Canadian cultural and economic issue. That choice should matter to all of us.”
Back to School
February 26, 2007
Cory Doctorow is teaching an undergrad class at USC discussing copyrights. Looks really good. I’m going to listen to the first lecture and I’ll let you know what I think
