The group is called Re:Sound, and here’s just a smattering of the bullshit they’re peddling (from their website):

You may not be aware that you need a licence to use music in your business, but it is your responsibility to get the right licence(s) if you are playing music in public. Licences are also required by public and commercial broadcasters.

Not entirely true. There is at least one exceptions in the Copyright Act where you can “use music” in your business without being harassed by yet another copyright goon squad:

http://laws-lois.justice.gc.ca/eng/acts/C-42/page-48.html#docCont

In respect of public performances by means of any radio receiving set in any place other than a theatre that is ordinarily and regularly used for entertainments to which an admission charge is made, no royalties shall be collectable from the owner or user of the radio receiving set, but the Board shall, in so far as possible, provide for the collection in advance from radio broadcasting stations of royalties appropriate to the conditions produced by the provisions of this subsection and shall fix the amount of the same.

In other words, if you are playing music through a radio or over a web station, the station is already paying tariffs so you don’t have to. But what does that matter? They can claim that you owe them cash even if you’re just playing music over a boombox while having a picnic in the park with friends:

G. PARKS, STREETS AND OTHER PUBLIC AREAS

Application

1. (1) This tariff sets the royalties to be paid for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works in the repertoire of Re:Sound in parks, streets and other public areas.

Interestingly, there are a series of stipulations in Canadian copyright law called “fair dealing” which exempts people from being harassed. Funny how Re:Sound makes no mention of these:

It is important to clarify some general considerations about exceptions to copyright infringement. Procedurally, a defendant is required to prove that his or her dealing with a work has been fair; however, the fair dealing exception is perhaps more properly understood as an integral part of the Copyright Act than simply a defence. Any act falling within the fair dealing exception will not be an infringement of copyright. The fair dealing exception, like other exceptions in the Copyright Act, is a user’s right. In order to maintain the proper balance between the rights of a copyright owner and users’ interests, it must not be interpreted restrictively.

1. The Purpose of the Dealing Is it for research, private study, criticism, review or news reporting? It expresses that “these allowable purposes should not be given a restrictive interpretation or this could result in the undue restriction of users’ rights.” In particular, the Court gave a “a large and liberal interpretation” to the notion of research, stating that “lawyers carrying on the business of law for profit are conducting research”.
2. The Character of the Dealing How were the works dealt with? Was there a single copy or were multiple copies made? Were these copies distributed widely or to a limited group of people? Was the copy destroyed after being used? What is the general practice in the industry?
3. The Amount of the Dealing How much of the work was used? What was the importance of the infringed work? Quoting trivial amounts may alone sufficiently establish fair dealing as there would not be copyright infringement at all. In some cases even quoting the entire work may be fair dealing. The amount of the work taken must be fair in light of the purpose of the dealing.
4. Alternatives to the Dealing Was a “non-copyrighted equivalent of the work” available to the user? Was the dealing “reasonably necessary to achieve the ultimate purpose”?
5. The Nature of the Work Copying from a work that has never been published could be more fair than from a published work “in that its reproduction with acknowledgement could lead to a wider public dissemination of the work – one of the goals of copyright law. If, however, the work in question was confidential, this may tip the scales towards finding that the dealing was unfair.”
6. Effect of the Dealing on the Work Is it likely to affect the market of the original work? “Although the effect of the dealing on the market of the copyright owner is an important factor, it is neither the only factor nor the most important factor that a court must consider in deciding if the dealing is fair.”

When I mention “yet another” copyright good squad, that’s because this new body is looking to charge people for the same thing that an already existing group, SOCAN, is doing:

Re:Sound and SOCAN are distinct organisations that represent different groups and as such, both are required to be compensated.

But while it’s claimed that these are two “distinct organizations”, the law gives them right to squeal on you to each other:

(2) Re:Sound may share information referred to in subsection (1)

1. (a) in connection with the collection of royalties or the enforcement of a tariff, with SOCAN;

Just like that, the Intellectual Property mafia come along and double your monthly “protection” fees.

And just like any other organization in who’s debt you are simply for existing, they’re ready to charge you interest until you cough up the dough:

Interest on Late Payments

7. Any amount not received by the due date shall bear interest from that date until the date the amount is received. Interest shall be calculated daily, at a rate equal to one per cent above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.

Particularly troubling is the section of the Copyright Act that says that bodies like Re:Sound are required to compensate artists if they happen to be collecting tariffs for their works, even if they don’t represent them and have no claim to the copyright:

Claims by non-members

• 76. (1) An owner of copyright who does not authorize a collective society to collect, for that person’s benefit, royalties referred to in paragraph 31(2)(d) is, if the work is communicated to the public by telecommunication during a period when an approved tariff that is applicable to that kind of work is effective, entitled to be paid those royalties by the collective society that is designated by the Board, of its own motion or on application, subject to the same conditions as those to which a person who has so authorized that collective society is subject.

• Marginal note:Royalties that may be recovered

  (2) An owner of copyright who does not authorize a collective society to collect, for that person’s benefit, royalties referred to in subsection 29.6(2) or 29.7(2) or (3) is, if such royalties are payable during a period when an approved tariff that is applicable to that kind of work or other subject-matter is effective, entitled to be paid those royalties by the collective society that is designated by the Board, of its own motion or on application, subject to the same conditions as those to which a person who has so authorized that collective society is subject.

• Marginal note:Exclusion of remedies

  (3) The entitlement referred to in subsections (1) and (2) is the only remedy of the owner of the copyright for the payment of royalties for the communication, making of the copy or sound recording or performance in public, as the case may be.

In other words, if these organizations are collecting tariffs on your music, you can demand to be paid for that “service”. However, that’s all you can do. So, the organization can collect money on music that they have absolutely no rights to, and you, as owner of the music, have no other remedies. Read that section again if you don’t believe me.

It’s a messed up way of claiming the right to collect money on your music without claiming direct ownership over it — though the difference is the same if the law claims you can’t restrict someone from collecting money on your own works.

To put it another way, the very “crimes” that these organizations are supposed to be preventing are what they are basically being welcomed to engage in — by law. And if it so happens that you don’t know your music is being milked by Re:Sound for the benefit of their “partners”, too bad. And even if you do, too bad. They get to charge money for all music everywhere, and you’d better like it. You might get paid … eventually.

Of course, if it turns out you underpaid the copyright mafia, they reserve the right to get all up in your business and force you to cough up and pay at any time for a period of up to 6 years back; and, of course, if they ripped you off, there exists no provision to protect you in the same way:

Records and Audits

4. (1) A person subject to this tariff shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which that person’s payment under this tariff can be readily ascertained.

(2) Re:Sound may audit these records at any time during the period set out in subsection (1), on reasonable notice and during normal business hours.

(3) Re:Sound shall, upon receipt, supply a copy of the report of the audit to the person who was the subject of the audit.

(4) If an audit discloses that the royalties owed to Re:Sound during any reporting period have been understated by more than ten per cent, the subject of the audit shall pay the amount of the understatement and the reasonable costs of the audit within 30 days of the demand for such payment.

Do you suppose you get to charge Re:Sound interest if it turns out they’ve been charging people for playing your music for years without your permission?

And if you don’t think that the copyright goon squad will play nice and fair, there are plenty of recent examples demonstrating that they have absolutely no intention of doing that.

Originally posted at: http://patrickbay.ca/blog/?p=3527

Hmmm, seems that Doug Holyday, the Deputy Mayor, might be starting to see exactly why those unions fought for good pay year after year. Except that all those “lefty” concepts of wealth distribution to workers weren’t exactly what he took away from it.

Instead, Holyday is redistributing the money to already higher-earning management who have been responsible for cutting costs (i.e. other employees).

A few dozen senior managers would get annual increases of 2.75 per cent over the four years through 2015.

Altogether, the tab for those raises over four years comes to $30 million.

It’s also proposed that city council reinstate lump-sum bonuses for managers at the top of their salary range. The bonuses were cancelled in 2010 and 2011, which meant about 2,600 managers didn’t receive bonuses. As a result, the city saved about $11 million.

…

Holyday said the senior management has helped cut costs and trim the workforce, steps that were needed to put the city on a sounder financial footing.

So to all those labourers out there who thought that the Rob Ford gang weren’t into this sort of thing, that his cuts and slashes were simply fiscal responsibility intended to weed out greedy unions, I’m afraid you were mistaken. All that extra money, instead of being distributed to workers, is simply being given to those willing to toe the line for the Mayor. And now you can see that, although unions can be problematic, they go a long way to ensuring that the rich don’t simply get richer while the rest of us lose our jobs.

Seems Ford’s interaction with Star reporter Daniel Dale made an impression on Torontonians. But not in a good way. And especially not with the folks in his own riding.

The recent spat between the Mayor and Dale appears to have pushed his approval rating down by 14% from about 47% at around this time in April. That’s not saying much considering Ford has conspicuously scraped the bottom of the mayoral popularity barrel since he got into office, but it’s an additional indictment of a man who is not only abdicating the duties of his office but also seems hell-bent on destroying this city by invoking a constantly changing agenda that is only costing taxpayers more by the day.

Hopefully this is the beginning of the erosion of the Conservative power base in this country. Not that I think the Liberal option is necessarily much better, but it’d be a start.

Bill C-38 is Harper’s so-called “omnibus” budget bill because the government is trying to cram so much into it — some of it good, some of it neutral, much of it horrible. This comes on the heels of other legislative doozies like Bill C-10 (the omnibus crime bill), Bill C-11 (the copyright reform bill), and Bill C-30 (the “Lawful Access” bill). Are you starting to see an ongoing theme here?

Among the list of things that our Fascist-inspired leadership is trying to get passed are:

• Changes to Employment Insurance designed to push Canadians into debt and corporate servitude.
• An increase in the mandatory retirement age designed to ensure people give up more of their earnings to banks through taxes.
• Removal of already mostly non-existent CSIS oversight (this is the Canadian domestic spy agency).
• Giving U.S. law-enforcement agents, such as the FBI, the same powers as members of the RCMP during cross-border operations.
• Changes to environmental rules such as allowing the federal government to crack down on charities, including environmental groups, which advocate for better laws and policies; fast-tracking of big-corp projects through a weaker environmental review process; reduced protection for fish and fish habitats, exempting pipelines and power lines from the Navigable Waters Act and reduced protection for species at risk; laying off of over 600 Parks Canada workers; increased offshore drilling and on publicly-owned grasslands.

In response, a SOPA-like campaign is being waged called “BlackOutSpeakOut” in which some 13,000 websites are going dark to protest the ongoing scumbaggery of our federal government. Additionally, government opposition are doing everything in their power to slow down and kill this thing, or at least have it split up so that each part of the bill can be voted on independently instead of keeping the good parts in limbo because the bad parts have been glued to them in one giant bill.

Originally posted at: http://patrickbay.ca/blog/?p=3268

I’d already been telling people that Rob Ford had given up on losing weight for a number of weeks now, even though technically he had merely “postponed” his weekly weigh-ins. But based on his record, I was pretty sure he’d give it up altogether. And today I was proven right:

“I don’t care about the weigh-in,” Mr. Ford said Sunday on his weekly Newstalk 1010 radio show, which he hosts with his brother, Toronto City Councillor Doug Ford. “I’m not even dieting anymore.”

…

In the same radio program, Mayor Ford pledged to cut the city’s property tax hike to only 2% for 2013. This year, Toronto property owners were hit with a 2.5% rise in property taxes — the first in two years.

The Toronto Sun, a newspaper that insists on supporting the Mayor at all costs, has tried to spin this announcement by saying that he will continue to lose weight “privately”, despite the fact that he repeated more than once that he won’t.

You may not know this but the whole stunt was supposed to be for charity, and it ended up being the only opportunity for the media to meet with Ford as he started to withdraw from public life (with 2 years left on the clock). Of course, he’s blamed the same media for being in a “frenzy”, despite the fact that he invited them to attend the very public weekly weigh in. Just like all good hypocritical jerkholes, he simply can’t take responsibility for any of his failures.

The Cut the Waist website is still up, presumably because brother Doug is still getting pledges, but you gotta wonder exactly where some of that money is going, or if it’ll ever materialize. For example, some of the dubious pledges made include:

Cornell S – Kentuckky Fried Chicken – $10.00

Robette F – Shake Your Keys To Distract Me – $0.25

Fred S – I Cannot Keep Promises Foundation – $1.00
Robert G – Toupes Of Hope – $1.00
Sam X – The Idea Fund Of Sam Xu – $25.00
Roy G – Cacti Association Of Canada – $13.37
Stacey N – Matt Foley Motivational Speaking – $0.25

Don’t think so?

Let’s look at the facts.

First he starts making plans for the 2014 election, presumably because he’s given up.

Then he invites others to run against his opponents in the same election, presumably because he’s given up.

Then he scales back on his election promise to privatize garbage collection until the same 2014 election, presumably because he’s given up.

Then a leaked letter reveals he’s stopped planning for the next two years and instead wants to start again after the 2014 election, presumably because he’s given up.

Then he shows Canada what “champion” he is by waffling out of his weight loss program week after week, presumably because he’s given up.

Not necessarily in this order, but you get the idea.

Now the Toronto Star reveals that RoFo has cut his Mayorly activities by over 60%, presumably because he’s given up.

Here’s a smattering of his absentee agenda:

In January 2012, Ford averaged 11 meetings a week compared with 33 in January 2011, his first full month as mayor. In February 2012, he had 15 meetings scheduled each week, compared with an average of 34 a year earlier.

…

According to sources that include former and current staff, Ford often does not leave his home until noon. His itineraries indicate that daily staff briefings are held at about 9:30 a.m., but on those late days, the sources say, Ford participates by phone or not at all. Some days he never appears in his office. Ford has always spent much of his time outside the walls of city hall, doing his famous one-on-one constituency work, but even that has dropped off drastically.

…

The mayor routinely doesn’t show up for long-scheduled events and meetings with officials. On Wednesday, Councillor Peter Milczyn had to step in for him at a VIA Rail speaking engagement. He has cancelled five of the last nine weekly weigh-ins — often the only time Ford takes media questions for the week — including one on Tuesday.

On numerous occasions, Deputy Mayor Doug Holyday, the mayor’s brother, Doug Ford, or other close allies have been called upon at the last minute to meet foreign dignitaries or visiting officials. Holyday said there have been only “a couple of times” where he’s had less than an hour’s notice and that, as deputy mayor, it’s his job to fill this role.

The mayor was supposed to meet his Calgary counterpart, Naheed Nenshi, at an event held at the Corus building on Sept. 20, but Ford never showed up.

Ford also hasn’t held a formal meeting with many prominent Toronto leaders in more than a year, including United Way Toronto CEO Susan McIsaac, Board of Trade president Carol Wilding, Ryerson University president Sheldon Levy or CivicAction’s CEO, Mitzie Hunter. He has never attended a Federation of Canadian Municipalities event.

…

Ford’s own committee chairs don’t regularly meet directly with the mayor to discuss policy. For example, Norm Kelly, who chairs the parks and environment committee, says the mayor is very accessible, although he concedes that the last specific formal meeting he can remember was during Occupy Toronto, which was last November.

Ford’s cadre of yes-men continue to defend him, claiming that he helps out people on a one-to-one basis:

Councillor Giorgio Mammoliti, one of his staunchest supporters, said looking at the mayor’s itinerary alone doesn’t speak for the work he does.

“The reality is he does a lot of spontaneous work. If constituents call, he’s on it. So you won’t see that on his schedule. He calls people back on a regular basis, and I know he does that.”

There’s only one problem with that kind of thing (assuming it’s true); in a city of 2.5 million people, he would necessarily have to pick and choose who to help. To help each one equally, he would have to be responding to about 1,700 calls a day, 24 hours a day, 7 days a week, 365 days a year.

To believe that he can adequately do this is clearly insane, yet this is the excuse that Rob Ford uses for not performing his duties as Mayor. Not to mention that, even if the excuse is actually true, Ford has to pick and choose which of his buddies and allies get his attention, and based on his “I hate all charity” agenda, those would would probably be the same petty dictators and millionaire corporate hobnobs who hang out in his back yard.

Clearly Rob Ford doesn’t understand what a Mayor’s job is, and it’s exactly why he shouldn’t have one.

—

By the way, Sarah and I are forming a little group to get the wheels moving on Rob Ford’s ouster. We’re meeting at a central downtown location tonight to get some initial ideas together — if you’d like to drop by at the next one (most likely over drinks), please drop me a line and I’ll send you the details.

Is it any wonder that while the government is pushing in Employment Insurance changes that will impoverish Canadians, they’ve simultaneously hid key statistical data from their reports?

And just in time, too! Gotta hand it to the Harper government, when they screw over the Canadian population, they make sure to do it right!

Demand for information about EI is running high right now due to the government’s slow strip tease on changes to the program.

“Loss of data will make it much more difficult to analyse the impacts of changes to the EI rules as they are implemented,” said Andrew Jackson, chief economist at the Canadian Labour Congress.

He is concerned that stricter criteria for EI claimants are coming at the same time as Ottawa reduces the avenues for appeal — leaving adjudicators with little leeway to allow for local and personal circumstances.

http://www.ctv.ca/CTVNews/Politics/20120523/employment-insurance-rules-120523/

If you’re not performing for your corporate overlords, the government is ready to step in and put you back in your place. Now fall in line, maggot!

Raitt told CTV’s Canada AM on Thursday that a negotiated settlement is the best solution, but said the federal government is ready to step in if that doesn’t happen. Raitt estimates a prolonged strike will cost the Canadian economy $540 million per week.

“When 5,000 employees going on strike starts affecting tens of thousands of employees at Ford plants or GM plants or at coal mines or grain farmers, then it’s a bigger impact than what’s just happening at the company,” Raitt said.

http://www.ctv.ca/CTVNews/Politics/20120524/canadian-pacific-strike-raitt-120524/

As I predicted earlier this month, Bill C-30, a.k.a. Lawful Access, is starting to make the rounds again. In case you don’t remember, this is the bill that’s supposed to protect children from being exploited (and if you’re not with the bill, you’re with the pornographers), but is in fact a completely warrantless, lawless wiretapping bill that would give police unlimited and unchecked power to monitor all web conversations at any time they damn well please.

Read more here: http://patrickbay.ca/blog/?p=3137