Music Canada

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Music Canada (formerly Canadian Recording Industry Association (CRIA)) is a non-profit trade organization that was founded 9 April 1963 to represent the interests of companies that record, manufacture, produce, and distribute music in Canada. It also offers benefits to some of Canada's leading independent record labels and distributors. [1]

Contents

History

Originally formed as the 10-member Canadian Record Manufacturer's Association, the association changed its name to Canadian Recording Industry Association (CRIA) in 1972 and opened membership to other record industry companies. [2]

In 2006, the CRIA was in the news when a number of smaller labels resigned their memberships, complaining that the organization wasn't representing their interests. [3] In 2011, it changed its name to Music Canada offering special benefits to some of the leading independent labels and distributors in Canada. [4]

Organization

Music Canada is governed by a board of directors who are elected annually by association members. To be eligible for election a candidate for the board must be among the executive officers of the member companies. Patrick Rogers (formerly the Vice President, Corporate Affairs) was named the new Chief Executive Officer, effective 11 January 2021. [5] Graham Henderson had been president from 15 November 2004 to 28 May 2020; Brian Robertson previously held the position from 1974.

Other services

Music Canada is responsible for the distribution of ISRC registrant codes within Canada, and also works with the IFPI and RIAA to try to prevent copyright infringement of artists' work.

Representation

Historically, Music Canada has represented all record labels in the country. Recently, however, some labels and other industry groups have publicly disagreed with Music Canada and claim it no longer represents them. In 2006, six well-known "indie" labels including Nettwerk left Music Canada in a dispute over Canadian content rules. They claimed the association was only protecting the interests of "the four major foreign multi-national labels," [7] referring to EMI, Universal, Sony BMG, and Warner. Other points of contention include Music Canada's stance against the blank media tax, their support for digital locks on music, [8] and positions against copyright reform. [9] In 2007 a group of musicians formed the Canadian Music Creators Coalition, claiming "legislative proposals that would facilitate lawsuits against our fans or increase the labels' control over the enjoyment of music are made not in our names, but on behalf of the labels' foreign parent companies."

On February 16, 2004, Music Canada applied to the Federal Court to force five major Canadian internet service providersShaw Communications Inc., Telus Corp., Rogers Cable, Bell Canada's Sympatico service and Quebec's Vidéotron — to hand over the names of 29 people accused of copyright infringement through peer-to-peer file sharing. In April 2005, Vidéotron indicated its willingness to supply customer information to Music Canada. [10]

On March 31, 2004, in the case of BMG v. John Doe , Justice Konrad von Finckenstein of the Federal Court of Canada ruled that making music available for download over the Internet was not equivalent to distribution and was thus noninfringing. The Justice compared the peer-to-peer filesharing activities to "having a photocopier in a library room full of copyrighted material" and wrote that there was no evidence of unauthorized distribution presented. [11] The Federal Court of Appeal upheld the lower courts ruling denying the disclosure of the customers' identities, but, in reference to "what would or would not constitute infringement of copyright," stated: "such conclusions should not have been made in the very preliminary stages of this action, since they would require a consideration of the evidence as well as the law applicable to such evidence after it has been properly adduced, and could be damaging to the parties if a trial takes place." [12] The Copyright Board of Canada earlier that year had included downloading music in the list of "private copying" activities for which tariffs on blank media applied. (Private copying is the act of copying music for personal use from a noninfringing source, and is itself noninfringing.) That made it extremely unlikely that downloaders could be successfully prosecuted, leaving only the possibility of acting against uploaders, those supplying the works to others on the networks. [ citation needed ] In 2008, the operators of the isoHunt website filed a motion with the Supreme Court of British Columbia seeking a declaratory judgment affirming the legality of their operation. The motion was denied, and the court ruled a full trial was needed. This decision was appealed by the operators of isoHunt; the appeal was also denied. In late 2009, isoHunt filed a formal suit against Music Canada and the four "major" record labels seeking "declaratory relief to clarify its legal rights." [13]

Additionally, in October 2008, the four main members of Music Canada were sued by the estate of Chet Baker and several other artists for copyright infringement. The major claims in this lawsuit are as follows:

As the standard punitive damages for each act of infringement is set at $20,000, and there are three hundred thousand works on the "pending lists", Music Canada could have faced punitive damages of a minimum of $6 billion. [14] On November 8, 2011, the suit was settled out of court for over $45 million. [15]

Certification awards

Gold disc for The Last Waltz (1978) The Last Waltz CRIA gold certification.jpg
Gold disc for The Last Waltz (1978)

Albums

CertificationFor releases before May 1, 2008 [16] For releases after May 1, 2008 [16]
Gold50,00040,000
Platinum100,00080,000
Diamond1,000,000800,000

Singles

Prior to September 12, 2016, Music Canada had different certification levels for physical singles and Digital downloads singles. [17] On that date, the digital downloads singles award was discontinued and single awards include digital singles. It also includes streams, where 150 on-demand audio streams from a subscription service equals 1 unit towards certification. [16]

CertificationFor certifications after September 12, 2016
Gold40,000
Platinum80,000
Diamond800,000

Certification before September 2016

Physical singles
CertificationFor releases before February 1, 1982 [18] For releases before September 2002 [18] For releases after September 2002 [A]
Gold75,00050,0005,000
Platinum150,000100,00010,000
Diamond1,500,0001,000,000100,000
Digital downloads (singles)
CertificationBefore January 1, 2007 [B] [19] Until April, 2010 [C] [20] [21] After May 1, 2010 [21]
Discontinued September 12, 2016
Gold10,00020,00040,000
Platinum20,00040,00080,000
Diamond200,000400,000800,000

RingTones (singles)

Ringtone certifications were retired April 1, 2021. [16]

CertificationFor all RingTone releases [16]
Gold20,000
Platinum40,000
Diamond400,000

Music DVD

Music DVD certifications were retired April 1, 2021. [16]

CertificationFor all Video releases [16]
Gold5,000
Platinum10,000
Diamond100,000

See also

Notes

Related Research Articles

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References

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  2. "Canadian Recording Industry Association". The Canadian Encyclopedia. Retrieved December 8, 2009.
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  4. "Canadian Recording Industry Association Changes Name". Billboard. Retrieved July 10, 2011.
  5. "Announcement of New Leadership at Music Canada and CONNECT" . Retrieved 25 June 2021.
  6. 1 2 Geist, Michael (12 September 2007). "LeBlanc on HMV and CRIA Stats" . Retrieved 8 December 2009.
  7. "Indie labels break with CRIA over commercial radio proposal". Canadian Broadcasting Corporation. 13 April 2009. Retrieved 8 December 2009.
  8. Geist, Michael (6 August 2009). "Manitoba Music Industry Association Distances Self From CRIA On Copyright Reform" . Retrieved 8 December 2009.
  9. "Copyright Consulations - Canadian Music Creators Coalition (CMCC)". Industry Canada. 11 September 2009. Archived from the original on 28 October 2009. Retrieved 8 December 2009.
  10. Joudrey, Stephanie (2005-04-22). "Canadian File Sharing Lawsuits Moving Ahead, Vidéotron To Reveal Names". ChartAttack.com. Retrieved 2009-08-10.
  11. BMG Canada Inc. v. John Doe , FC488 (F.C.2004).
  12. BMG Canada Inc. v. John Doe , FCA193 (F.C.A2005).
  13. "Statement of Claim - isoHunt vs CRIA members" (PDF). 19 November 2009.
  14. "Geist: Record industry faces liability over infringement". The Star. Toronto. 7 December 2009.
  15. Gardner, Eriq (November 12, 2011). "Why Universal Music Sued Its Insurer Over a $14.4 Million Payment to Musicians (Analysis)". The Hollywood Reporter . Retrieved November 19, 2013.
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  17. "Certification Definitions". 23 July 2016. Archived from the original on July 23, 2016. Retrieved 30 September 2017.
  18. 1 2 CRIA Reports 46% Rise for Disk Certifications. Billboard magazine. 1982-02-27. Retrieved 2011-07-24.
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