SOCAN Archives - IPOsgoode /osgoode/iposgoode/tag/socan/ An Authoritive Leader in IP Tue, 24 Jan 2023 17:00:00 +0000 en-CA hourly 1 https://wordpress.org/?v=6.9.4 The Glitz and Glamour… and Everything Else Behind the Scenes at SOCAN (IP Intensive Reflection) /osgoode/iposgoode/2023/01/24/the-glitz-and-glamour-and-everything-else-behind-the-scenes-at-socan-ip-intensive-reflection/ Tue, 24 Jan 2023 17:00:00 +0000 https://www.iposgoode.ca/?p=40503 The post The Glitz and Glamour… and Everything Else Behind the Scenes at SOCAN (IP Intensive Reflection) appeared first on IPOsgoode.

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Sally Yoon is an IPilogue Writer and a 3L JD candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program.


Growing up playing the violin and developing a deep appreciation for the performing arts, I made it clear from the get-go that was where I wanted to be for my 10-week placement. SOCAN is Canada’s largest member-based rights management organization, connecting more than 4 million creators and publishers worldwide and ensuring that they are compensated for their work.

I joined the team at SOCAN at an exciting time – after a long hiatus, the organization was revving up to start in-person events again. By the end of my first week, I signed up to volunteer at the 2022 Canadian Songwriters Hall of Fame (CSHF) Gala, where I had the opportunity to greet Canadian talent and feel the rush of all the coordination that happens backstage. I also participated in SOCAN’s first in-person Town Hall since the pandemic and listened to a special performance from the unbelievably talented . Attending these events early into my internship served as a nice exposure to the glitz and glamour of the music Industry and helped me develop an appreciation for the work done behind the scenes by SOCAN to support its members.

As an intern, I never felt short of tasks, and I found that this reflected the dynamic nature of the music market. On some days, I was looking into two-decade-old decisions from Copyright Board to make sense of particular rates today, and on other days I was doing research on to-be-released subscription plans for video-on-demand services. Moreover, on top of learning about SOCAN’s tariffs, I also conducted research on dozens of foreign PRO (performance rights organisation) concert/festival tariffs to see how they differ from each other. Whether it was something from the past, something about to happen in the future or something happening abroad, I learned something new about the music market every day, and I felt like I got a glimpse of the complexities that SOCAN's counsels must be mindful of. Understanding this made it easier to put myself in the shoes of an in-house counsel and find ways to present my research so that it is easily digestible to someone juggling a dozen tasks all at once.

Midway through my internship, I was fortunate enough to observe a rare, virtual hearing on online music services. It was interesting to hear the issues raised by both SOCAN and music services, and the questions raised by the Board in an attempt to better understand the situation and find a solution. It was a pleasant surprise to see the virtual hearing room filled with IP Osgoode alumni, which demonstrated the program's effectiveness in launching its students to fulfilling careers. During my internship, I always felt supported by other IP Osgoode alumni, as well as the entire legal team at SOCAN. The team was always there to guide me when I felt stumped, and it was a good reminder of the priceless value of good mentorship and collegiality in the workplace.

My favourite memory is watching the CSHF Gala rehearsal backstage with other event volunteers at Massey Hall. As we watched SOCAN members take over the stage - singing, dancing, and interacting with the band - some remarked, “I don't know how they do it”. Completing my internship, it is clear to me that all the hard work SOCAN does behind the scenes enables the members to carry on and do what they do best.

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Copyrights & The Cobra Pose: Flexing My Musical Muscles at SOCAN (IP Intensive Reflection) /osgoode/iposgoode/2022/04/05/copyrights-the-cobra-pose-flexing-my-musical-muscles-at-socan-ip-intensive-reflection/ Tue, 05 Apr 2022 16:00:00 +0000 https://www.iposgoode.ca/?p=39314 The post Copyrights & The Cobra Pose: Flexing My Musical Muscles at SOCAN (IP Intensive Reflection) appeared first on IPOsgoode.

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Samantha Melhado is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience.

The  Society  of  Composers,  Authors  and  Music  Publishers  of  Canada  (“SOCAN”), protects the performing and reproduction rights of more than 160,000 songwriters, music publishers, composers and visual artists. As one example, think of the background music you enjoy at your favourite restaurant. With a SOCAN license, businesses comply with copyright laws and may play songs that are part of SOCAN’s repertoire while supporting the creators of that music.

After reading the title you might be wondering, what does the cobra pose have to do with copyrights? During my very first week I was introduced to how wellness is successfully integrated into the fabric of SOCAN’s organizational culture. From presentations on the science of work-life balance, to active lunch breaks, at SOCAN I channeled my inner yogi while entering the world of rights management and licensing.

It’s been said that “there is no such thing as the perfect time,” with the IP & Technology Intensive however, there is. This program is purposefully designed for students in the final year of their legal education. The best part about the timing of the Intensive is that everything comes full circle. While at SOCAN, I was able to connect the dots between what I learned in 1L, e.g. remedies for breach of contract, and apply those concepts to live agreements. Whether I was crafting a termination clause or reviewing a sponsorship contract, I began to develop my own drafting technique and style. This experiential component created space for me to shine and confidently rely on the knowledge I’ve gained throughout my law school journey before transitioning out of student life and into practice.

When attending my weekly check-ins, I was consistently encouraged to express my areas of interest and objectives for my time at SOCAN. I appreciate that I could take initiative and truly customize my experience. One of my goals was to gain exposure to the synergy between the legal team and other branches, such as SOCAN’s membership group. It was neat to sit in on meetings and observe how the lawyers leverage case law research to manage risk and present strategic options to the queries of various departments.

Surprisingly, I dabbled in quite a few non-copyright specific projects. For instance, I verified procedures and timelines required for the retention of corporate records and financial statements. I had the opportunity to analyze statutes I haven’t previously encountered, including the Employer Health Tax Act, that I otherwise may not have had the chance to explore. In addition to dissecting legislation, I also dove headfirst into obstacles facing artists globally. As streaming services propose the “lowest royalty rates in history,” achieving equitable remuneration for music creators is an important mission. To investigate this issue, one day you might travel to the US Copyright Royalty Board’s website and review the evolution of digital audio rates and the next week you’ll immerse yourself into the economics of music streaming in the UK. I value the variety of work I was exposed to that allowed me to diversify my skillset.

One of my most memorable moments was attending a guest speaker event discussing possible solutions to make the creative industries more inclusive for Indigenous artists and professionals. The webinar concluded with a performance by SOCAN member William Prince, winner of the 2020 SOCAN Songwriting Prize and JUNO-Awarding winning singer-songwriter from the Peguis First Nation in Manitoba. It was such a treat to hear William sing live – a highlight I will always remember!

Thank you to everyone in the IP Osgoode community and SOCAN that make this program possible. While it is bittersweet to pass the torch to the next intern, I know they’ll have a blast as they too flex their musical muscles at SOCAN.

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Royalty-Free Music and Virtual Concerts: The Future of the Entertainment Industry? /osgoode/iposgoode/2021/05/11/royalty-free-music-and-virtual-concerts-the-future-of-the-entertainment-industry/ Tue, 11 May 2021 16:00:00 +0000 https://www.iposgoode.ca/?p=37226 The post Royalty-Free Music and Virtual Concerts: The Future of the Entertainment Industry? appeared first on IPOsgoode.

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In a time where we feel socially disconnected from one another, the entertainment industry has incorporated technologically innovative ways to keep artists and consumers connected, arguably more than ever before. This year’s Collision Conference discussed two emerging digital platforms en route to accomplishing this goal: and

Ü is a social media and music streaming platform co-founded by . The app allows artists to connect with users without intermediaries. This music marketplace, as Fergus describes it, is a form of disruptive technology that allows artists to collaborate, not only with each other, but with fans. Unlike other music streaming platforms, such as Apple and Spotify, Ü is a space where established and “unseasoned” artists can benefit from a creator-focused monetization system. American singer-songwriter and Ü’s global ambassador, Ne-Yo, attests that newer artists can support themselves while simultaneously taking fans along their journey. Consumers pay subscription fees and participate in “” using the app’s virtual currency, the “”. This is a form of virtual tipping, equal to half a cent, which, as Fergus points out, is essentially the same royalty payout that exists on other music streaming platforms. Users can gift artists a surplus of “notes” relative to the number of streams per song. Effectively, artists  profit more per stream on Ü than any other music streaming platform. Ü’s business model is redefining the music industry by eliminating the need for royalty payouts while maximizing for the artist.

The (“MѴ”) in the United States is aimed at modernizing copyright-related issues. It makes statutory licensing fair for creators and efficient for digital music providers. However, Fergus has pointed out that the MMA was designed to regulate “” streaming services and requires streaming platforms to pay fees which disproportionately impact smaller platforms. Operating outside of this traditional, yet allegedly “modernized” landscape, Ü’s elimination of royalty payouts places the power and profits back in the hands of creators.

Another newcomer making a breakthrough, notably throughout the pandemic, is Wave. Wave is a platform that uses technology to enable artists and audiences to collaborate on the most interactive form of live virtual entertainment which is accessible from anywhere. “Wave allows artists to elevate their music assets and reach more fans than any other existing platform”, says , Wave’s Co-Founder. He acknowledges that, before the pandemic, the industry controlled all interactions between the creators and the consumers, including all of the distribution and marketing channels between the two groups. Technological innovation, and Wave in particular, has chiseled away at this control by lowering the barriers to entry and encouraging artists to stay active while maintaining a direct relationship with fans. like the Weeknd, J Balvin, and Justin Bieber have all invested in the platform, in pursuit of new forms of monetization.

Juxtaposed with Ü’s mission, virtual concerts will arguably result in greater royalty payouts as performance rights organizations, such as , may require additional licensing fees. , for example, grant permission for a user to sync audio with video. Although most of the music licensing landscape will likely remain unchanged, could the incorporation of video and 3D holograms be an added barrier?

What do these platforms mean for a post-pandemic world? Will mainstream streaming giants be squeezed out by these cutting-edge competitors? Will this digital shift impact licensing and intellectual property rights? The gradual rise in the popularity of streaming services could contribute to a significant decline in traditional music platforms and performances while making an enormous impact on the industry’s regulatory scheme.

Kejsi Trimi is a 2022 JD Candidate at Osgoode Hall Law School and a guest contributor to the IPilogue.

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A Semester of Bliss during a Pandemic: My Internship at SOCAN (IP Intensive Reflection) /osgoode/iposgoode/2021/04/13/a-semester-of-bliss-during-a-pandemic-my-internship-at-socan/ Tue, 13 Apr 2021 16:00:00 +0000 https://www.iposgoode.ca/?p=37046 The post A Semester of Bliss during a Pandemic: My Internship at SOCAN (IP Intensive Reflection) appeared first on IPOsgoode.

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Although the grim days of the COVID-19 pandemic have carried into the beginning of my third year at Osgoode, my acceptance into Osgoode’s Intellectual Property and Technology Intensive Program has kept my spirits high. I was one of the lucky few to have been given the chance to intern at the . SOCAN is a collective rights society that collects and distributes licence fees and royalties to artists for the public performance and mechanical reproduction of music. About three years ago, I came to Osgoode’s orientation week, walked to the Intellectual Property Law table set up in the hall, took a brochure discussing the IP Intensive, and read about a potential placement at SOCAN. Since then, I paved my law school path to get a spot there. One might say that the stars aligned when I received my placement, and the experience was exactly what I wanted and needed.

I came to Osgoode as a professional musician, and intended to get myself into copyright law and policy. What better place to realize that goal than getting a place in this internship? SOCAN’s focus is serving the world’s musicians; not only are they remunerating Canadian musicians for their performances and compositions, but they are also paying international musicians whose collective agencies have agreements with SOCAN. It’s a global operation, beyond simply managing music within Canadian borders. And not only that, but SOCAN is interested in copyright policy in Canada and internationally, whether it is being involved in the most important copyright cases of the past decade, or researching tariff policy of its international members performing anywhere internationally. It amazes me how many industries are involved with SOCAN nationally and globally.

Then there is the non-copyright work within an in-house environment that is so valuable for any law student seeking real-world legal experience. The common tasks that come up daily are usually not related to copyright at all, but are those common in any legal atmosphere, whether it be litigation- related, general research or proofreading of corporate-related materials, or just discussing just about anything during the day-to-day meetings with the legal team. One of the best memories I will have of the experience is the welcoming atmosphere created in every single meeting I had with the legal department. They were open, friendly, and treated me like one of their own. It was a shame that the pandemic did not permit these interactions to be in person, but I may only look forward to having the chance to work in a real office in the not-too-distant future.

One may find that an experience like this is transforming for any law student. I was given real files, involved in real issues, and matters seemed to move quickly from one copyright issue to another corporate issue, to government policy, to drafting documents for litigation, to ghost-writing letters for employees from other departments, and even to getting personal advice about the real-estate market. And with these experiences, one learns about every crevice of how a collective agency works, how it feels to work in-house and be involved in civil litigation every day, and most importantly, who are the people behind the profession. With me, the team was open with every matter, expressed themselves honestly and without restraint, and took time to explain the clockwork of each issue in more detail when I requested. It becomes important to realize that these professionals do love their job (most of the time), and a law student has to understand the importance of this to succeed in the profession in the long run. I began to understand it at SOCAN.

Having to be home for this experience was bitter-sweet. The SOCAN team made it sweet by making sure I was technologically equipped for all meetings and I was given access to all electronic resources. Also, of course, I need not mention the ease of my mornings. It was bitter because the tour of the office on the first day of my placement was the only time I got to step foot inside SOCAN’s physical world. But, I believe some misfortunes come with their blessings. I know I will always yearn to personally meet with each colleague from SOCAN one day. I can definitely say I now recognize their electronic voices, pixelated faces, and the inside of their homes. And who knows, maybe, when these difficult times pass in the near future, that day will come.

Written by Sebastian Romanutti, JD Candidate 2021, enrolled in Professors D’Agostino and Vaver 2020/2021 IP & Technology Law Intensive Program at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience.

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Music, Copyright Law and Everything In-Between: A Semester at SOCAN /osgoode/iposgoode/2019/12/12/music-copyright-law-and-everything-in-between-a-semester-at-socan/ Thu, 12 Dec 2019 22:36:29 +0000 https://www.iposgoode.ca/?p=34899 The post Music, Copyright Law and Everything In-Between: A Semester at SOCAN appeared first on IPOsgoode.

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Before coming to law school, I majored in music. I had been playing the piano for over 10 years by the time I started my undergraduate studies so integrating music into my post-secondary education made sense. I had this same mentality when I applied for , which is what put working at the Society of Composers, Authors and Music Publishers (SOCAN) at the top of my list.

is a copyright collective that administers and protects the performing and reproduction rights of more than 150,000 songwriters, music publishers, composers, and visual artists worldwide. SOCAN also administers licences to businesses across Canada for a fee, which ensures that they are legally able to play music in their establishments and that SOCAN members receive payment for the use of their musical works.

I expected most of my time at SOCAN to focus on copyright litigation and while I was definitely able to do some interesting work in that area, that wasn’t the entirety of my experience. I soon realized that when working in an in-house capacity, you get to see a bit of everything.

I began my placement by attending my first copyright trial at the Federal Court of Canada. In the weeks that followed, I drafted documents for litigation and learned about the business decisions that need to be made when considering litigation. What became clear is that while SOCAN strives to ensure that they are aware of their obligations under Canadian copyright law, they also prioritize creating and maintaining positive relationships with their licencees.

I delved deeper into Canadian copyright law in the growing area of user-generated content and researched copyright in other jurisdictions such as the United States and Japan. I helped draft and review licensing agreements and, to my surprise, engaged with TV and Radio broadcasting issues such as Canadian Content requirements. As streaming and other digital services continue to make waves in the music industry, it was eye opening to see the concerns of traditional broadcasters and how other jurisdictions and copyright collectives are addressing them.

One of the highlights of my placement was being able to attend a wide variety of meetings. While some of them went a bit over my head, they helped me get a better understanding of SOCAN’s business and how the legal team supports their goals. Meeting with a UK foreign collective society was a great way to gain a global perspective on collective societies and learn more about the importance of these partnerships. Although it never crossed my mind that the licensing department would deal with estates issues, I learned how this area of law fits in with the distribution of royalties to members.

When I speak to students interested in attending Osgoode, I tell them that whether it be through clubs or the vast , there is always a way to integrate their interests into their studies. My placement at SOCAN this semester allowed me to do just that. The work that SOCAN’s legal team does is multifaceted and I appreciate the variety of work that I was assigned, their willingness to expose me to different areas of SOCAN’s business and in general, how welcoming they were. My experiences over the past 10 weeks have certainly laid down the foundation for my legal career, and I’m thankful to SOCAN and IP Osgoode for this opportunity!

Written by Annesta Duodu, Osgoode JD Candidate, enrolled in Professors D’Agostino and Vaver 2019/2020 IP & Technology Law Intensive Program at Osgoode Hall Law School. Here, she reports on her experience at the Society of Composers, Authors and Music Publishers of Canada (SOCAN), while interning there as part of the inaugural offering of the (IP Intensive) at Osgoode.

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IP Intensive: A semester at the Society of Composers, Authors and Music Publishers of Canada (“SOCAN”) /osgoode/iposgoode/2018/12/04/ip-intensive-a-semester-at-the-society-of-composers-authors-and-music-publishers-of-canada-socan/ Tue, 04 Dec 2018 20:22:30 +0000 https://www.iposgoode.ca/?p=2932 When I first learned about IP Osgoode’s Intellectual Property Law & Technology Intensive Program (“IP Intensive”), it was my first week of law school. The pamphlet I picked up from the clubs fair highlighted IP Osgoode’s partnership with SOCAN. I was immediately interested. As a songwriter, I was familiar with SOCAN and the important work […]

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When I first learned about IP Osgoode’s I (“IP Intensive”), it was my first week of law school. The pamphlet I picked up from the clubs fair highlighted IP Osgoode’s partnership with . I was immediately interested. As a songwriter, I was familiar with SOCAN and the important work and advocacy it does for songwriters, authors and music publishers in Canada. That same week I emailed IP Osgoode to schedule a meeting to discuss how I could be placed at SOCAN in my third year. Now, just over two years later, I am privileged and honoured to have worked at SOCAN this past semester.

SOCAN is a copyright collective society. It administers (i.e. licenses) the public performance rights and reproduction rights in musical works on behalf of its membership. It works with businesses of all types throughout Canada to ensure they are licensed to play music in their establishments. This is an important relationship. Businesses benefit by using music to create a culture-rich environment for their customers and SOCAN members benefit by being remunerated when their music is used.

When I first started at SOCAN, I thought I would be working solely on copyright-related matters. Of course, that made up the bulk of my experience, but it involved so much more. I drafted litigation documents and major licensing agreements, reviewed draft reciprocal agreements with collective societies around the world, researched copyright law issues and even provided input on Canadian copyright policies and reform. One highlight moment was a meeting with staff at the Korean Copyright Commission who were visiting Canada to learn about how we collectively administer copyright. It was a great opportunity to hear about copyright law in other jurisdictions.

But my experience did not encompass only copyright and intellectual property law. Because I was placed with SOCAN’s in-house legal team, I worked on many business matters as well. I sat-in on negotiations for various business-related contracts and drafted non-disclosure agreements. I also had the unique and rare opportunity to brush up on my criminal law knowledge while working on a harassment matter.

It was never a dull moment at SOCAN!

Especially considering every week or so, a new SOCAN member would visit to perform his or her music for staff members during lunch. I also cannot forget to mention SOCAN’s very own staff band, who I watched rehearse for their annual Battle of the Bands fundraiser.

But, best of all are the people I worked with on a daily basis for 10-weeks. Thank you, Andrea, Asma, Gilles, Jaimie, Janet, Jody, Judy, Kathy, Laura, Martin and Véronique. Your knowledge, experience, dedication, kindness and hospitality did not go unnoticed.

I highly recommend for future IP Intensive students to seek a placement at SOCAN. For the opportunity to learn a lot about the law in a hands-on environment and for the amazing people who will teach you.

 

Written by Alessandro Perri.  Alessandro is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law and Technology Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

 

 

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IP Intensive: Learning the Value of Experiential Education at SOCAN /osgoode/iposgoode/2018/01/16/ip-intensive-learning-the-value-of-experiential-education-at-socan/ Tue, 16 Jan 2018 21:50:01 +0000 http://www.iposgoode.ca/?p=31251 When I first learned of Osgoode’s Intellectual Property Law & Technology Intensive Program (“IP Intensive”) I was in the process of applying to law school. At that time, the IP Intensive caught my attention because it was the only program that offered students the opportunity to complete a multi-week internship at a placement organization heavily […]

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When I first learned of Osgoode’s I was in the process of applying to law school. At that time, the IP Intensive caught my attention because it was the only program that offered students the opportunity to complete a multi-week internship at a placement organization heavily involved in IP. As a prospective student with only a limited understanding of IP, the program seemed like a great way to learn more about an area of law that interested me while gaining practical hands-on legal experience. Now that I have completed the IP Intensive program, I can say that the IP Intensive greatly exceeded my initial expectations.

Over the past 10-weeks I have had the privilege of working at the , one of Canada’s largest and oldest copyright collective soceities. Established in 1990 following the merger of the Composers, Authors and Publishers Association of Canada (CAPAC) and the Performing Rights Organization of Canada (PROCAN), SOCAN administers the public performance rights in musical works on the behalf of nearly 150,000 authors, composers and publishers. SOCAN’s immense repertoire includes the musical works of its Canadian members and members from affiliated societies around the world.

Given my background in music and my interest in copyright law, it was not difficult to become immersed in the tasks that I was assigned by my supervising lawyers. From drafting litigation documents to attending examinations for discovery, there never seemed to be a dull moment during my placement. While most my work was related to SOCAN’s efforts to license its members’ musical works, I also had the opportunity to learn more about SOCAN’s advocacy at the Copyright Board of Canada and its on-going efforts to promote the work of Canadian songwriters.

Although I have many memorable experiences from the past few weeks, the personal connections I made while at SOCAN will leave the longest lasting impresion. During my placement, I was incredibly fortunate to work alongside experienced legal counsel, paralegals, and administrative professionals who were always friendly, hospitable, and willing to help.

 

William Foster  is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law and Technology Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

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IP Intensive: From Tariffs to Bouncy Castles—A Semester at SOCAN /osgoode/iposgoode/2017/01/11/ip-intensive-from-tariffs-to-bouncy-castles-a-semester-at-socan/ Wed, 11 Jan 2017 15:15:02 +0000 http://www.iposgoode.ca/?p=30254 As part of IP Osgoode’s Intellectual Property Law and Technology Intensive Program, students are asked to reflect, then write on their placement experience. All I could think was how perfect my placement at the Society of Composers, Authors and Music Publishers (SOCAN) was, as a musician and SOCAN member, and law student fascinated by infringement. […]

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As part of IP Osgoode’s , students are asked to reflect, then write on their placement experience. All I could think was how perfect my placement at the Society of Composers, Authors and Music Publishers () was, as a musician and SOCAN member, and law student fascinated by infringement.

I love . I subscribe to the adage “good artists borrow; great artists steal”. So, I’m personally invested in the intellectual property (IP) infringement cases which concern the intangible thievery the law welcomes—innocent, lawful, and genius—and that it seeks to discourage—deliberate, unlawful, and mediocre. To me, infringement cases implicitly describe our culture’s ideas about talented artists, strong corporate branding, and inventiveness.

But infringement is not just about comparing two IP creations’ differences and similarities. IP law—copyright especially—is equally concerned with uses of protected creations that can encroach on owners’ scope of rights. And as we dive headfirst into cyberspace, we develop new ways to consume, share, and create, in turn raising novel use-based infringement issues. Interning at SOCAN—a frequent party in the most of Canadian —provided the ideal placement to fuel my passion.

SOCAN is a Canadian copyright collective management organization (CMO). They represent the Canadian performing rights of their membership—millions of music creators and publishers—and collect royalties and enforce copyright on their behalf. The CMO web can seem complex, but at its simplest: A, a business, wants to use B, C, & D’s music. SOCAN represents B-D’s music performing rights. So A gets a SOCAN license, pays the relevant fees. Then, SOCAN distributes fairly that which they collect to B-D.

Simple, right? Not so fast.

First, complications arise generally for CMOs as a result of copyright’s fragmentation. One song may have two potential groups of ownership: those owning the “musical work”, and those owning its “sound recording” and/or its “performer’s performance”. Each of these owners is also granted a bundle of rights, including reproduction and public performance rights, for works they own.

More complexity abounds as each bundle is broken down by use. This occurs as each new is certified, and includes uses like public performance by live music, background music, or karaoke.

The fragmentation complexity becomes manifest when time comes to distribute millions of works for millions of uses at business across Canada. Oh, did I mention that many works have more than one author, many authors have licensed some or all of their rights, and those rights may be held by a combination of different parties living in different territories across Canada?

If this was not enough to fend with, many businesses do not want to be licensed and remunerate artists for their music use, and they opt not to. Also, some businesses argue that they should not have to pay license fees. Typical arguments posit: a use constitutes fair dealing; a use was already paid under a different tariff (for a different use); or, no current certified tariff even contemplates that particular use (as a hypothetical example, do any tariffs cover thirty-second ringtones programmed to play when an intergalactic spaceship’s )

I expected I would spend most of my time researching such novel questions of music use or working in litigation files. And, I did engage with some of the former and quite a bit of the latter, giving me ample opportunity to hone my legal research and drafting skills. But I also had the chance to investigate and advise on an overwhelmingly broad scope of in-house legal matters: privacy, data retention, and anti-spam law; contract drafting and policy review; competition and American bankruptcy law; and for one glorious brief afternoon, the growing and fascinating field of “bouncy castle law”.

I was constantly impressed by both SOCAN’s exceptional workplace environment (featuring frequent lunchtime music performance sessions by SOCAN-member artists like Dean Brody and Kevin Parent), and its emphasis on building positive and collaborative relationships with its members and licensees alike.

I want to thank my supervisors and the entire legal department at SOCAN for the best ten weeks of my law school experience. I doubt I could have been placed among a more welcoming, helpful, supportive, and patient team. I leave significantly more confident in my practical legal knowhow than when I arrived, and I owe that to SOCAN and the IP intensive program.

 

Jordan Fine is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law and Technology Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

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Not-So-Compulsory Licence: a Proposed (and Rejected) Solution to Copyright Infringement in Derivative Musical Works /osgoode/iposgoode/2016/11/17/not-so-compulsory-licence-a-proposed-and-rejected-solution-to-copyright-infringement-in-derivative-musical-works/ Thu, 17 Nov 2016 20:02:21 +0000 http://www.iposgoode.ca/?p=29906 In a recent MTV news article, author Miles Raymer opined over the “hopelessly broken” state of the US copyright system. While such a sweeping statement clearly oversimplifies the state of copyright law in the digital era, there may be some truth to it. Raymer focuses particularly on the tension between an ever-increasing market for derivative works […]

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In a recent , author Miles Raymer opined over the “hopelessly broken” state of the US copyright system. While such a sweeping statement clearly oversimplifies the state of copyright law in the digital era, there may be some truth to it. Raymer focuses particularly on the tension between an ever-increasing market for (i.e. remixes, mash-ups, and sample-based productions) and copyright law. Nowadays, more and more artists are making music using other people’s original material and, unsurprisingly, many are doing so without obtaining the proper licensing rights.

So what is the solution – crack down on artists caught infringing copyright, reform the system, or something in between? Berkeley Law professor , cited by Raymer as a "leading proponent" of reform, advocates for the introduction of compulsory sample licences, which would work similar to the compulsory licences already in place in the US for recording a cover version of another artist’s song. Under the , anyone wishing to record and distribute a cover version must simply send a notice of intention to the original copyright holder, make monthly royalty payments, and submit an annual accounting statement. Importantly, compulsory licences are currently only available for musical compositions and not sound recordings. This means that if an artist wants to use a sample from a sound recording of a drum break or an a cappella vocal hook they need to obtain the rights-holder’s permission.

Compulsory sample licensing could potentially solve tensions between copyright and the derivative works market. Artists would still have to pay royalties for any sampled material (artists presently negotiate sample clearances with rights-holders by way of one time fees, royalties or both). But the process for clearing samples would be less expensive and time-consuming and there would be no risk of rights-holders rejecting use. Menell posits that compulsory licensing for sound recording sampling would lead to a more inclusive music industry in which derivative works composers could more ably and legitimately participate. In his words: "so much of the creativity is getting put out into these gray channels, these areas that are not fully embraced by the market, and compulsory sample licenses(sic) could be a remedy for this situation."

But not everyone is convinced. For one, the US Department of Commerce Internet Policy Task Force, in a recent , concluded that compulsory licences for remix use are not currently justified. According to the task force, compulsory licensing would break from precedent by giving rights-holders no control over how their original work is used. For this reason, the compulsory licence proposal has little support amongst stakeholders. There are also logistical challenges with respect to remix tracking, revenue distribution, and the creation of a universal music database that limit the practicality of the proposition. Thus the task force maintains that the current system of licensing and fair use successfully accommodates the interests of both creators and rights-holders.

What about Canadian musicians and copyright holders? Is there a need or desire for compulsory sample licensing here or is it even a possibility? As it currently stands in Canada, like the US, if an artist wants to legally sample another’s original sound recording they need to . This can be an expensive, time consuming, and confusing process for musicians, even if they retain a lawyer. But the consequences for illegally sampling copyrighted material can be severe. The Society of Composers, Authors and Music Publishers of Canada (SOCAN) prudently warns that . Given the above, it is plausible that Menell's argument for sample licensing reform could be made here too.

The Canadian copyright system is not the same as that in the US though. For example, in Canada we do not have compulsory licences for cover versions of musical works. Rather, cover artists obtain (or other similar rights organizations). These licences are similar to US compulsory licences, in that rights-holders give their approval to the CMRRA beforehand and users pay a flat usage fee, but they are not identical. This is simply to say that the Canadian and US copyright systems are not mirror images of one another and, therefore, what one does is not necessarily indicative of what the other will or should do.

Thus the questions remains: what is there to be done? The previously mentioned US task force recommends two strategies, with respect to remixes, in their white paper; (1) provide greater clarity on what constitutes fair use and (2) improve voluntary licensing options for users of copyrighted material. Whether these strategies will help solve the issues that exist in the industry remains to be seen, as does the influence such strategies may have on our Canadian licensing system.

Stephen Cooley is an IPilogue Editor and a JD candidate at Osgoode Hall Law School. 

 

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IP Intensive: 10 Weeks at SOCAN - Getting Immersed in the World of Copyright Collectives /osgoode/iposgoode/2016/01/07/ip-intensive-10-weeks-at-socan-getting-immersed-in-the-world-of-copyright-collectives/ Thu, 07 Jan 2016 17:57:47 +0000 http://www.iposgoode.ca/?p=28552 This past fall, as part of Osgoode's Intellectual Property Law & Technology Intensive Program, I spent ten weeks at the Society of Composers, Authors and Publishers of Canada (SOCAN). This was my first choice of a placement organization, because I was seeking not just experience in copyright law, but also experience in civil litigation. From […]

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This past fall, as part of Osgoode's , I spent ten weeks at the Society of Composers, Authors and Publishers of Canada (). This was my first choice of a placement organization, because I was seeking not just experience in copyright law, but also experience in civil litigation. From my Copyright class I'd learned that every other copyright case that made it all the way to the Supreme Court involved SOCAN, so I knew that this was the place to be for any aspiring IP litigator. And SOCAN certainly did not disappoint. I gained so much hands-on knowledge of the federal court process and the civil litigation process that I feel like a seasoned lawyer now!

SOCAN is the largest copyright collective organization in Canada, representing composers, lyricists and music publishers. As most collectives do, it collects royalties and enforces copyright on behalf of its members. In other words, SOCAN issues licences to play music to businesses like bars, restaurants, gyms or radio stations, and then distributes royalties collected under these licences to copyright owners who are members of SOCAN. When businesses do not want to pay, which happens fairly often, SOCAN initiates an action. It should be noted however, that every defendant are provided with multiple chances to get on SOCAN's good side, because, after all, it is in SOCAN's interest to enter into ongoing business relationships with its licensees rather than to put them out of business.

Thanks to the patient guidance of my placement supervisor, who was always willing to answer my never ending questions, these ten weeks allowed me to gain a very good understanding of SOCAN's licensing and litigation process. I've reviewed and analyzed dozens of files that were being brought into litigation after failed licensing attempts, and learned what kind of evidence is required for copyright infringement or collection litigation, and how that evidence is collected. I've learned the process of proving ownership of music works and how SOCAN enforces the rights of members of other collectives abroad with whom it has reciprocal agreements. I've drafted numerous demand letters, statements of claims and settlement offers. I got to draft several motions for default judgments and a few affidavits. In other words, I got to work on the entire litigation process – the experience that I'm sure will prove handy once I start practicing as a lawyer.

In addition to getting immersed in litigation, I had a chance to get a glimpse of what in-house counsel do. Helping draft several licensing agreements and sitting on negotiations with some major online services entering Canada gave me a pretty good idea about what it takes for an online music or audiovisual service to enter Canada and to obtain necessary licenses and permissions from various rights holders. This process is definitely not for the faint of heart, considering that streaming one song online involves a number of rights, such as a public communication right and a reproduction right for the music composition, reproduction right for the performer's performance, a reproduction right for the recording itself and there's also a making available right. Each of these rights is administered by a different collective, while some rights must be licensed by music labels directly. No wonder Pandora is still not available in Canada!

Of course, I also got to work on some research memos and learned about things like grand rights and charitable exemptions in copyright, as well as about some things that have nothing to do with copyright, like the law on abandoned property across Canada. I also wrote some pieces on international developments in collective copyright administration.

Aside from getting interesting and meaningful assignments, working at SOCAN was a pleasure. This is a very fun organization, where musical performances, employee competitions and various events are an almost weekly occurrence. A lot of staff working at SOCAN are also musicians, so there were several performances by SOCAN band, which were really good.

These ten weeks were a lot of fun and a lot of hands-on learning. For anyone interested in copyright, and especially in the complicated and confusing world of copyright collectives, it is hard to find a better place to learn all about it than SOCAN.

 

Alexandra Grishanova is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law and Technology Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

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