« Utilisateur:AlexandrDmitri/Traduction » : différence entre les versions

TheLe theoreticalprincipe principlethéorique ofde thela listliste being,et tode allowpermettre timelyla commercialmise releaseà whiledisposition rightscommerciale anden apportionmentattendant ofque moniesles duedroits areet resolvedpartage des montants dus sont en cours de résolution. BasskinBaskin se plaint qu’il est “”Basskin« complains that it is "economically infeasible to implement the systems that would be needed to resolve the issues internally". And, "[...] for their part, the record labels have generally been unwilling to take the steps that, in the view of CMRRA, would help to resolve the problem."

La déclaration écrite sous sermont de Basskin de la part de CMRRA rentre dans le détail de l’histoire qui procède la situation actuelle et l’action en justice de recours collectif ; goes into some detail on the history leading up to the current situation and class action lawsuit; a previous compulsory license scheme, with poor recordkeeping requirements, and which, had a decline in real terms to one of the lowest fees in the world, was eventually abolished and the mechanical license system introduced. The CMRRA went on to become a significant representative of music publishers and copyright holders, and the pending list an instrument to deal with situations where mechanical rights were as-yet not completely negotiated. Basskin's affidavit claiming the list grew and circumstances worsened as time progressed.

The Mechanical Licensing Agreement (MLA) between the "majors'" industry body, an attached exhibit to the affidavit, is set to expire December 31, 2012; this is between CMRRA and the Canadian Recording Industry Association (CRIA). With the original MLA expiring at end September 1990, CMRRA negotiated more detailed terms and a "code of conduct". Subsequently,Subsequent agreements were drawn up in 1998, 2004, 2006, and 2008.

Basskin, pointing outasserts that the named record company defendants are the "major" labels in Canada, and states they "are also responsible for creating, maintaining and administering the so-called "Pending Lists" that are the subject of the current litigation"; that, specific to publishing, divisions of the four represent the "'major' music publishers active in Canada". However,Yet the number of music publishers they represent has decreased over time due to consolidation and defection from the CRIA.

Geist highlightssummarizes the descriptionrecord ofcompany thisstrategy as "exploit now, pay later if at all". This despite the CMRRA and SODRAC being required to give lists of all collections they represented to record labels, and for record labels to supply copies of material being released to permit assessment of content that either group may represent interested parties for. Where actual Mechanical License Agreements are in place, Basskin implies their terms are particularly broad and preclude any party exercising their legal right to decline to license.

Specific to the current Mechanical Licensing Agreement (MLA) between the CMRRA and the CRIA; a " label is required to provide an updated cumulative Pending List to CMRRA with each quarterly payment of royalties under the MLA." The CMRRA is required to review the list and collect where appropriate royalties and interest due. Basskin describes his first encounter with pending lists, having never heard of them before 1989 thus:

{{Q|[...I] inn the early years of my tenure, CRMMA received Pending Lists from the record labels in the form of paper printouts of information. The information contained on these lists varied from record label to record label, [... i]n fact, within a few days after my arrival at CMRRA, I recall my predecessor, Paul Berry, directing my attention to a large stack of paper, about two feet high. and informing me that it was PolyGram's most recent Pending List. Prior to that introduction I had never heard of Pending Lists.}}

The preablepreamble of the affidavit continues to express strong agreement with that of David Basskin from CMRRA. Lauzon concurs regarding growing use of "pending lists" and that "[...] record labels have generally been unwilling to take the steps that would help to resolve the Pending List problem."

=== The industry's side; lying: lobbyists? ===

''Wikinews'' attempted to contact people at the four named defendant CRIA-member record labels. The recipient of an email that ''Wikinews'' sent to Warner Brothers Canada forwarded on our emailinitial correspondence to Hogarth PR; the other three majors failed to respond in a timely fashion. Don Hogarth contactedresponded to Wikinewsie Brian McNeil, and, without addressing any of the submitted questions, recommended a blog entry by Barry Sookman as, what he claimed is, a more accurate representation of the facts of the case.

In fact, Sookman is actually a lobbyist at the [[w:Parliament of Canada|Canadian Parliament]]; workingwho works in the employ of the the Canadian Recording Industry Association (CRIA). Hogarth gave no indication or disclosure of this; his direction to the blog is to a posting with numerous factual inaccuracies, misdirecting statements, or possibly even lies; if not lies, Sookman is undoubtedly not careful or "very qualified" in the way he speaks on the issue.

The lede of Sookman's blog post opens, blastingwith a blast at Professor Geist; : "his attacks use exaggeration, misleading information and half truths to achieve his obvious ends". Sookman attempts to dismiss any newsworthiness in Geist's article;

As the extracted<small> [see right]</small> stamp , date, and signature, shows, the court accepted amendments to the case and its submission were accepted by the court, as Professor Geist asserts, on October 6. The previously mentioned submissions by the heads of CMRRA and SODRAC were indeed actions within the past year; that of SODRAC's Alain Louzon being January 28 this year.

Sookman continues his attack on Professor Geist, omitting that the reverse appears the case; analysis of his blog's sitemap reveals he has writtenwrote a 44-page attack on Professor Geist in February 2008, accusing him of manipulating the media and using influence on Facebook to oppose copyright reform favourable to the CRIA. In the more current post he states:

This characterisation of the pending list only matchingmatches court records in that it "has been around for decades". with that of SODRACCMRRA's Basskin, a lawyer and industry insider, goinggoes into great detail on the major labels resisting twenty years of collective societies fighting, and failing, to negotiate a situation where the labels take adequate measures to mechanically license works and pay due fees, royalties, and dueaccrued interest.