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Some Canadians Fight to Reverse Court Decision
Facing the music
DOUG BEAZLEY, EDMONTON SUN
-- Sean Kilpatrick, SUN
Federal Heritage Minister Helene Scherrer yesterday promised to plug the hole in Canadian law allowing people to legally download songs off the Internet without paying. Scherrer's announcement won loud applause from an audience of Canadian music industry types at yesterday's Juno Awards opening ceremony at City Hall, which also featured a staged "surprise" appearance from Prime Minister Paul Martin.
"As minister of Canadian Heritage, I will, as quickly as possible, make changes to our copyright law," said Scherrer yesterday.
The minister offered no details, but she was responding to the challenge posed by a recent federal court ruling that suggested uploading music files into shared folders on peer-to-peer Net networks is quite legal.
The ruling reaffirmed a recent decision by the Copyright Board of Canada.
Justice Konrad von Finckenstein ruled that the Canadian Recording Industry Association didn't prove file-sharing constituted copyright violation - and artists and producers have no legal right to sue those who swap files without paying.
The court decision inspired panic in the Canadian music industry; industry spokesmen were predicting the collapse of copyright control would cause severe financial hardship for people making their living from music.
Last night's announcement was greeted with relief by the Juno crowd.
"It means so much to everybody in this room," said Holger Peterson, president of Stony Plain Records.
"This is a very important statement.
"Copyrights have a value, and artists and songwriters would like to get paid for the use of their music. For the minister to confirm tonight that she's on our side, that's encouraging." But not everyone in the room was convinced.
Canadian Idol winner Ryan Malcolm expressed skepticism, and suggested the Canadian music biz find a way to live with file-sharers.
"Whether people download or not, as long as they're listening to music," he said.
"I think it's a challenge for the industry, to try and find a new way to survive."
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