Canadian recording industry welcomes music piracy decision

Toronto,19 May 2005

The Canadian Recording Industry Association (CRIA) welcomed today's decision by the Federal Court of Appeal clarifying the steps necessary to obtain disclosure of the identities of alleged large-scale uploaders and rejecting the findings of the motions court with respect to copyright law.

"We welcome the court's confirmation that Canada isn't a piracy haven," says CRIA President Graham Henderson. "This was the key issue on which we appealed, and we're delighted that the court agreed with us."

The Court finds that artists and innovators "need to be encouraged to develop their own talents and personal expression of artistic ideas . . . If they are robbed of the fruits of their efforts," the incentive to create disappears. The Court goes on to find that: "Modern technology such as the Internet . . . must not be allowed to obliterate those personal property rights which society has deemed important. Although privacy concerns must also be considered . . . they must yield to public concerns for the protection of intellectual property rights in situations where infringement threatens to erode these rights."

"We are encouraged that the Court of Appeal recognized the value of music and provided a roadmap for how we can defend that value from those who would seek to steal it," says Lisa Zbitnew, President, SONY BMG MUSIC (CANADA) INC.

"Today's decision removes a legal limbo that has existed since the motions court ruling spurred headlines around the world that Canada is a 'piracy haven'," explains Henderson. "We have to remember the incalculable toll that the motions court decision has had on the careers of countless artists."

Henderson explains that while the Court found that CRIA would require additional evidence before proceeding with the 29 actions filed to date, "The court has clearly articulated the evidentiary standards that we need to meet and we are satisfied that we can meet those standards in future applications. Large-scale music swappers should know that they can and will be held accountable."

"The decision gives us the blueprint we need to proceed," adds Henderson. "We welcome this clarity. With this in hand, we will be able to act in the interest of artists and those who invest so much time and money in their careers."

"This is good news for legitimate online music services and the artists they support," observes Randy Lennox, President and CEO, Universal Music. "With this decision, we will see an increase in customers using legitimate online services and artists actually being paid for their music."

Last month, CRIA appealed a motions court's March 2004 refusal to require five Internet service providers (ISPs) - Bell/Sympatico, Rogers Communications Inc, Shaw Communications Inc., TELUS Corporation and Videotron Ltd. - to identify a number of subscribers who have allegedly distributed thousands of digital music files to strangers.

The Canadian Recording Industry Association (CRIA) promotes the interests of Canadian record companies and artists. CRIA represents the producers, manufacturers and distributors of more than 95 per cent of all records produced and sold in Canada

The court case is referred to as "BMG Canada Inc. et al vs. John Doe\x{2026}". The Appeal decision is available upon request.

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