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Music Canada

Music Canada (formerly Canadian Recording Industry Association (CRIA)) is a non-profit trade organization that was founded 9 April 1963 to represent the interests of companies that record, manufacture, produce, and distribute music in Canada. It also offers benefits to some of Canada's leading independent record labels and distributors.[1]

Music Canada
FormationApril 9, 1963; 59 years ago (1963-04-09)
Websitemusiccanada.com

History

Originally formed as the 10-member Canadian Record Manufacturer's Association, the association changed its name to Canadian Recording Industry Association (CRIA) in 1972 and opened membership to other record industry companies.[2]

In 2006, the CRIA was in the news when a number of smaller labels resigned their memberships, complaining that the organization wasn't representing their interests.[3] In 2011, it changed its name to Music Canada offering special benefits to some of the leading independent labels and distributors in Canada.[4]

Organization

Music Canada is governed by a board of directors who are elected annually by association members. To be eligible for election a candidate for the board must be among the executive officers of the member companies. Patrick Rogers (formerly the Vice President, Corporate Affairs) was named the new Chief Executive Officer, effective 11 January 2021.[5] Graham Henderson had been president from 15 November 2004 to 28 May 2020; Brian Robertson previously held the position from 1974.

  • Class A members are Canadian individuals or companies whose principal business is producing, manufacturing, or marketing sound recordings. These members hold voting rights, and currently consist of the "big four" record labels.[6]
  • Class B members are Canadian individuals or companies whose principal business is producing sound recordings. These members pay a $600 annual membership fee but have no voting rights. As of 2007, there were 22 class B members.[6]
  • Manufacturing Division members are Canadian individuals or companies whose principal business is manufacturing sound recordings.

Other services

Music Canada is responsible for the distribution of ISRC registrant codes within Canada, and also works with the IFPI and RIAA to try to prevent copyright infringement of artists' work.

Representation

Historically, Music Canada has represented all record labels in the country. Recently, however, some labels and other industry groups have publicly disagreed with Music Canada and claim it no longer represents them. In 2006, six well-known "indie" labels including Nettwerk left Music Canada in a dispute over Canadian content rules. They claimed the association was only protecting the interests of "the four major foreign multi-national labels,"[7] referring to EMI, Universal, Sony BMG, and Warner. Other points of contention include Music Canada's stance against the blank media tax, their support for digital locks on music,[8] and positions against copyright reform.[9] In 2007 a group of musicians formed the Canadian Music Creators Coalition, claiming "legislative proposals that would facilitate lawsuits against our fans or increase the labels' control over the enjoyment of music are made not in our names, but on behalf of the labels' foreign parent companies."

Legal actions

On February 16, 2004, Music Canada applied to the Federal Court to force five major Canadian internet service providersShaw Communications Inc., Telus Corp., Rogers Cable, Bell Canada's Sympatico service and Quebec's Vidéotron — to hand over the names of 29 people accused of copyright infringement through peer-to-peer file sharing. In April 2005, Vidéotron indicated its willingness to supply customer information to Music Canada.[10]

On March 31, 2004, in the case of BMG v. John Doe, Justice Konrad von Finckenstein of the Federal Court of Canada ruled that making music available for download over the Internet was not equivalent to distribution and was thus noninfringing. The Justice compared the peer-to-peer filesharing activities to "having a photocopier in a library room full of copyrighted material" and wrote that there was no evidence of unauthorized distribution presented.[11] The Federal Court of Appeal upheld the lower courts ruling denying the disclosure of the customers' identities, but, in reference to "what would or would not constitute infringement of copyright," stated: "such conclusions should not have been made in the very preliminary stages of this action, since they would require a consideration of the evidence as well as the law applicable to such evidence after it has been properly adduced, and could be damaging to the parties if a trial takes place."[12] The Copyright Board of Canada earlier that year had included downloading music in the list of "private copying" activities for which tariffs on blank media applied. (Private copying is the act of copying music for personal use from a noninfringing source, and is itself noninfringing.) That made it extremely unlikely that downloaders could be successfully prosecuted, leaving only the possibility of acting against uploaders, those supplying the works to others on the networks.[citation needed] In 2008, the operators of the isoHunt website filed a motion with the Supreme Court of British Columbia seeking a declaratory judgment affirming the legality of their operation. The motion was denied, and the court ruled a full trial was needed. This decision was appealed by the operators of isoHunt; the appeal was also denied. In late 2009, isoHunt filed a formal suit against Music Canada and the four "major" record labels seeking "declaratory relief to clarify its legal rights."[13]

Additionally, in October 2008, the four main members of Music Canada were sued by the estate of Chet Baker and several other artists for copyright infringement. The major claims in this lawsuit are as follows:

  • That some three hundred thousand works were illegally distributed by the Music Canada's members, and
  • That they failed to seek proper licensing and distribution agreements with the creators of the aforementioned works, instead placing the works on what is colloquially referred to as a "pending list" (i.e., any payments to be made for the use of the aforementioned works are reserved, pending an agreement with the artists who created the works).

As the standard punitive damages for each act of infringement is set at $20,000, and there are three hundred thousand works on the "pending lists", Music Canada could have faced punitive damages of a minimum of $6 billion.[14] On November 8, 2011, the suit was settled out of court for over $45 million.[15]

Certification awards

 
Gold disc for The Last Waltz (1978)

Albums

Certification For releases before May 1, 2008[16] For releases after May 1, 2008[16]
Gold 50,000 40,000
Platinum 100,000 80,000
Diamond 1,000,000 800,000

Singles

Prior to September 12, 2016, Music Canada had different certification levels for physical singles and Digital downloads singles.[17] On that date, the digital downloads singles award was discontinued and single awards include digital singles. It also includes streams, where 150 on-demand audio streams from a subscription service equals 1 unit towards certification.[16]

Certification For certifications after September 12, 2016
Gold 40,000
Platinum 80,000
Diamond 800,000

Certification before September 2016

Physical singles
Certification For releases before February 1, 1982[18] For releases before September 2002[18] For releases after September 2002[A]
Gold 75,000 50,000 5,000
Platinum 150,000 100,000 10,000
Diamond 1,500,000 1,000,000 100,000
Digital downloads (singles)
Certification Before January 1, 2007[B][19] Until April, 2010[C][20][21] After May 1, 2010[21]
Discontinued September 12, 2016
Gold 10,000 20,000 40,000
Platinum 20,000 40,000 80,000
Diamond 200,000 400,000 800,000
  • Note that Music Canada certifies Digital-downloads (and from September 12, 2016, any singles) always applying the most recent certifications-levels, even to those titles that are released during the time frame the CRIA (currently Music Canada) had lower certification-levels for Digital-downloads. One such example is the single "Right Round" by Flo Rida feat. Kesha, which was released in January 2009 when certification-levels for Digital-downloads were 10,000 units for Gold and 20,000 units for Platinum. The CRIA (currently Music Canada) certified it three times Platinum in October 2010, applying the latest certification-levels for sales of 240,000 units.[22]

RingTones (singles)

Ringtone certifications were retired April 1, 2021.[16]

Certification For all RingTone releases[16]
Gold 20,000
Platinum 40,000
Diamond 400,000

Music DVD

Music DVD certifications were retired April 1, 2021.[16]

Certification For all Video releases[16]
Gold 5,000
Platinum 10,000
Diamond 100,000

See also

Notes

  • A ^ One of the first physical singles that was certified with levels of Gold=5,000 and Platinum=10,000 was "A Moment Like This" by Kelly Clarkson,[23] which was released on September 17, 2002.
  • B ^ One of the first digital singles that was certified with levels of Gold=20,000 and Platinum=40,000 was "Paralyzer" by Finger Eleven,[24] which was released as a digital track on March 6, 2007.[25]
  • C ^ One of the first digital singles that was certified with levels of Gold=40,000 and Platinum=80,000 was "OMG" by Usher,[26] which was released as a digital track on March 30, 2010.[27]

References

  1. ^ . Music Canada. Archived from the original on July 30, 2013. Retrieved July 10, 2011.
  2. ^ . The Canadian Encyclopedia. Archived from the original on October 9, 2012. Retrieved December 8, 2009.
  3. ^ Larry LeBlanc (29 April 2006). "Indie Revolt Up North". Billboard. Nielsen Business Media, Inc. pp. 18–. ISSN 0006-2510.
  4. ^ "Canadian Recording Industry Association Changes Name". Billboard. Retrieved July 10, 2011.
  5. ^ "Announcement of New Leadership at Music Canada and CONNECT". Retrieved 25 June 2021.
  6. ^ a b Geist, Michael (12 September 2007). "LeBlanc on HMV and CRIA Stats". Retrieved 8 December 2009.
  7. ^ "Indie labels break with CRIA over commercial radio proposal". Canadian Broadcasting Corporation. 13 April 2009. Retrieved 8 December 2009.
  8. ^ Geist, Michael (6 August 2009). "Manitoba Music Industry Association Distances Self From CRIA On Copyright Reform". Retrieved 8 December 2009.
  9. ^ . Industry Canada. 11 September 2009. Archived from the original on 28 October 2009. Retrieved 8 December 2009.
  10. ^ Joudrey, Stephanie (2005-04-22). "Canadian File Sharing Lawsuits Moving Ahead, Vidéotron To Reveal Names". ChartAttack.com. Retrieved 2009-08-10.
  11. ^ BMG Canada Inc. v. John Doe, FC 488 (F.C. 2004).
  12. ^ BMG Canada Inc. v. John Doe, FCA 193 (F.C.A 2005).
  13. ^ "Statement of Claim - isoHunt vs CRIA members" (PDF). 19 November 2009.
  14. ^ "Geist: Record industry faces liability over infringement". The Star. Toronto. 7 December 2009.
  15. ^ Gardner, Eriq (November 12, 2011). "Why Universal Music Sued Its Insurer Over a $14.4 Million Payment to Musicians (Analysis)". The Hollywood Reporter. Retrieved November 19, 2013.
  16. ^ a b c d e f g Music Canada. "Certification Definitions". Music Canada. Retrieved 2015-10-11.
  17. ^ . 23 July 2016. Archived from the original on July 23, 2016. Retrieved 30 September 2017.
  18. ^ a b CRIA Reports 46% Rise for Disk Certifications. Billboard magazine. 1982-02-27. Retrieved 2011-07-24.
  19. ^ . CRIA. Archived from the original on 2010-10-19. Retrieved 2012-06-24.
  20. ^ . CRIA. Archived from the original on October 29, 2013. Retrieved 2015-12-26.{{cite web}}: CS1 maint: unfit URL (link)
  21. ^ a b "What is Gold Platinum Certification?". Music Canada. Retrieved 2015-12-26.
  22. ^ . CRIA. Archived from the original on October 29, 2013. Retrieved 2014-10-12.{{cite web}}: CS1 maint: unfit URL (link)
  23. ^ . CRIA. Archived from the original on November 6, 2012. Retrieved 2015-12-26.{{cite news}}: CS1 maint: unfit URL (link)
  24. ^ . CRIA. Archived from the original on April 7, 2012. Retrieved 2015-12-26.{{cite news}}: CS1 maint: unfit URL (link)
  25. ^ "Amazon: Paralyzer". Retrieved 2012-06-24.
  26. ^ . CRIA. Archived from the original on February 12, 2014. Retrieved 2015-12-26.{{cite news}}: CS1 maint: unfit URL (link)
  27. ^ "Amazon: OMG". Retrieved 2012-06-24.

External links

  • Official website

music, canada, formerly, canadian, recording, industry, association, cria, profit, trade, organization, that, founded, april, 1963, represent, interests, companies, that, record, manufacture, produce, distribute, music, canada, also, offers, benefits, some, ca. Music Canada formerly Canadian Recording Industry Association CRIA is a non profit trade organization that was founded 9 April 1963 to represent the interests of companies that record manufacture produce and distribute music in Canada It also offers benefits to some of Canada s leading independent record labels and distributors 1 Music CanadaFormationApril 9 1963 59 years ago 1963 04 09 Websitemusiccanada wbr com Contents 1 History 2 Organization 3 Other services 4 Representation 5 Legal actions 6 Certification awards 6 1 Albums 6 2 Singles 6 3 Certification before September 2016 6 4 RingTones singles 6 5 Music DVD 7 See also 8 Notes 9 References 10 External linksHistory EditOriginally formed as the 10 member Canadian Record Manufacturer s Association the association changed its name to Canadian Recording Industry Association CRIA in 1972 and opened membership to other record industry companies 2 In 2006 the CRIA was in the news when a number of smaller labels resigned their memberships complaining that the organization wasn t representing their interests 3 In 2011 it changed its name to Music Canada offering special benefits to some of the leading independent labels and distributors in Canada 4 Organization EditMusic Canada is governed by a board of directors who are elected annually by association members To be eligible for election a candidate for the board must be among the executive officers of the member companies Patrick Rogers formerly the Vice President Corporate Affairs was named the new Chief Executive Officer effective 11 January 2021 5 Graham Henderson had been president from 15 November 2004 to 28 May 2020 Brian Robertson previously held the position from 1974 Class A members are Canadian individuals or companies whose principal business is producing manufacturing or marketing sound recordings These members hold voting rights and currently consist of the big four record labels 6 Class B members are Canadian individuals or companies whose principal business is producing sound recordings These members pay a 600 annual membership fee but have no voting rights As of 2007 there were 22 class B members 6 Manufacturing Division members are Canadian individuals or companies whose principal business is manufacturing sound recordings Other services EditMusic Canada is responsible for the distribution of ISRC registrant codes within Canada and also works with the IFPI and RIAA to try to prevent copyright infringement of artists work Representation EditHistorically Music Canada has represented all record labels in the country Recently however some labels and other industry groups have publicly disagreed with Music Canada and claim it no longer represents them In 2006 six well known indie labels including Nettwerk left Music Canada in a dispute over Canadian content rules They claimed the association was only protecting the interests of the four major foreign multi national labels 7 referring to EMI Universal Sony BMG and Warner Other points of contention include Music Canada s stance against the blank media tax their support for digital locks on music 8 and positions against copyright reform 9 In 2007 a group of musicians formed the Canadian Music Creators Coalition claiming legislative proposals that would facilitate lawsuits against our fans or increase the labels control over the enjoyment of music are made not in our names but on behalf of the labels foreign parent companies Legal actions EditOn February 16 2004 Music Canada applied to the Federal Court to force five major Canadian internet service providers Shaw Communications Inc Telus Corp Rogers Cable Bell Canada s Sympatico service and Quebec s Videotron to hand over the names of 29 people accused of copyright infringement through peer to peer file sharing In April 2005 Videotron indicated its willingness to supply customer information to Music Canada 10 On March 31 2004 in the case of BMG v John Doe Justice Konrad von Finckenstein of the Federal Court of Canada ruled that making music available for download over the Internet was not equivalent to distribution and was thus noninfringing The Justice compared the peer to peer filesharing activities to having a photocopier in a library room full of copyrighted material and wrote that there was no evidence of unauthorized distribution presented 11 The Federal Court of Appeal upheld the lower courts ruling denying the disclosure of the customers identities but in reference to what would or would not constitute infringement of copyright stated such conclusions should not have been made in the very preliminary stages of this action since they would require a consideration of the evidence as well as the law applicable to such evidence after it has been properly adduced and could be damaging to the parties if a trial takes place 12 The Copyright Board of Canada earlier that year had included downloading music in the list of private copying activities for which tariffs on blank media applied Private copying is the act of copying music for personal use from a noninfringing source and is itself noninfringing That made it extremely unlikely that downloaders could be successfully prosecuted leaving only the possibility of acting against uploaders those supplying the works to others on the networks citation needed In 2008 the operators of the isoHunt website filed a motion with the Supreme Court of British Columbia seeking a declaratory judgment affirming the legality of their operation The motion was denied and the court ruled a full trial was needed This decision was appealed by the operators of isoHunt the appeal was also denied In late 2009 isoHunt filed a formal suit against Music Canada and the four major record labels seeking declaratory relief to clarify its legal rights 13 Additionally in October 2008 the four main members of Music Canada were sued by the estate of Chet Baker and several other artists for copyright infringement The major claims in this lawsuit are as follows That some three hundred thousand works were illegally distributed by the Music Canada s members and That they failed to seek proper licensing and distribution agreements with the creators of the aforementioned works instead placing the works on what is colloquially referred to as a pending list i e any payments to be made for the use of the aforementioned works are reserved pending an agreement with the artists who created the works As the standard punitive damages for each act of infringement is set at 20 000 and there are three hundred thousand works on the pending lists Music Canada could have faced punitive damages of a minimum of 6 billion 14 On November 8 2011 the suit was settled out of court for over 45 million 15 Certification awards Edit Gold disc for The Last Waltz 1978 See also List of certified albums in Canada Albums Edit Certification For releases before May 1 2008 16 For releases after May 1 2008 16 Gold 50 000 40 000Platinum 100 000 80 000Diamond 1 000 000 800 000Singles Edit Prior to September 12 2016 Music Canada had different certification levels for physical singles and Digital downloads singles 17 On that date the digital downloads singles award was discontinued and single awards include digital singles It also includes streams where 150 on demand audio streams from a subscription service equals 1 unit towards certification 16 Certification For certifications after September 12 2016Gold 40 000Platinum 80 000Diamond 800 000Certification before September 2016 Edit Physical singlesCertification For releases before February 1 1982 18 For releases before September 2002 18 For releases after September 2002 A Gold 75 000 50 000 5 000Platinum 150 000 100 000 10 000Diamond 1 500 000 1 000 000 100 000Digital downloads singles Certification Before January 1 2007 B 19 Until April 2010 C 20 21 After May 1 2010 21 Discontinued September 12 2016Gold 10 000 20 000 40 000Platinum 20 000 40 000 80 000Diamond 200 000 400 000 800 000Note that Music Canada certifies Digital downloads and from September 12 2016 any singles always applying the most recent certifications levels even to those titles that are released during the time frame the CRIA currently Music Canada had lower certification levels for Digital downloads One such example is the single Right Round by Flo Rida feat Kesha which was released in January 2009 when certification levels for Digital downloads were 10 000 units for Gold and 20 000 units for Platinum The CRIA currently Music Canada certified it three times Platinum in October 2010 applying the latest certification levels for sales of 240 000 units 22 RingTones singles Edit Ringtone certifications were retired April 1 2021 16 Certification For all RingTone releases 16 Gold 20 000Platinum 40 000Diamond 400 000Music DVD Edit Music DVD certifications were retired April 1 2021 16 Certification For all Video releases 16 Gold 5 000Platinum 10 000Diamond 100 000See also EditCanadian Private Copying Collective RIAANotes EditA One of the first physical singles that was certified with levels of Gold 5 000 and Platinum 10 000 was A Moment Like This by Kelly Clarkson 23 which was released on September 17 2002 B One of the first digital singles that was certified with levels of Gold 20 000 and Platinum 40 000 was Paralyzer by Finger Eleven 24 which was released as a digital track on March 6 2007 25 C One of the first digital singles that was certified with levels of Gold 40 000 and Platinum 80 000 was OMG by Usher 26 which was released as a digital track on March 30 2010 27 References Edit About Music Canada Music Canada Archived from the original on July 30 2013 Retrieved July 10 2011 Canadian Recording Industry Association The Canadian Encyclopedia Archived from the original on October 9 2012 Retrieved December 8 2009 Larry LeBlanc 29 April 2006 Indie Revolt Up North Billboard Nielsen Business Media Inc pp 18 ISSN 0006 2510 Canadian Recording Industry Association Changes Name Billboard Retrieved July 10 2011 Announcement of New Leadership at Music Canada and CONNECT Retrieved 25 June 2021 a b Geist Michael 12 September 2007 LeBlanc on HMV and CRIA Stats Retrieved 8 December 2009 Indie labels break with CRIA over commercial radio proposal Canadian Broadcasting Corporation 13 April 2009 Retrieved 8 December 2009 Geist Michael 6 August 2009 Manitoba Music Industry Association Distances Self From CRIA On Copyright Reform Retrieved 8 December 2009 Copyright Consulations Canadian Music Creators Coalition CMCC Industry Canada 11 September 2009 Archived from the original on 28 October 2009 Retrieved 8 December 2009 Joudrey Stephanie 2005 04 22 Canadian File Sharing Lawsuits Moving Ahead Videotron To Reveal Names ChartAttack com Retrieved 2009 08 10 BMG Canada Inc v John Doe FC 488 F C 2004 BMG Canada Inc v John Doe FCA 193 F C A 2005 Statement of Claim isoHunt vs CRIA members PDF 19 November 2009 Geist Record industry faces liability over infringement The Star Toronto 7 December 2009 Gardner Eriq November 12 2011 Why Universal Music Sued Its Insurer Over a 14 4 Million Payment to Musicians Analysis The Hollywood Reporter Retrieved November 19 2013 a b c d e f g Music Canada Certification Definitions Music Canada Retrieved 2015 10 11 Certification Definitions 23 July 2016 Archived from the original on July 23 2016 Retrieved 30 September 2017 a b CRIA Reports 46 Rise for Disk Certifications Billboard magazine 1982 02 27 Retrieved 2011 07 24 Gold amp Platinum Certifications March August 2006 CRIA Archived from the original on 2010 10 19 Retrieved 2012 06 24 CRIA Gold Platinum Certifications April 2010 CRIA Archived from the original on October 29 2013 Retrieved 2015 12 26 a href Template Cite web html title Template Cite web cite web a CS1 maint unfit URL link a b What is Gold Platinum Certification Music Canada Retrieved 2015 12 26 Gold amp Platinum Certifications October 2010 CRIA Archived from the original on October 29 2013 Retrieved 2014 10 12 a href Template Cite web html title Template Cite web cite web a CS1 maint unfit URL link Gold amp Platinum Certifications April 2003 CRIA Archived from the original on November 6 2012 Retrieved 2015 12 26 a href Template Cite news html title Template Cite news cite news a CS1 maint unfit URL link Gold amp Platinum Certifications August 2007 CRIA Archived from the original on April 7 2012 Retrieved 2015 12 26 a href Template Cite news html title Template Cite news cite news a CS1 maint unfit URL link Amazon Paralyzer Retrieved 2012 06 24 Gold amp Platinum Certifications June 20107 CRIA Archived from the original on February 12 2014 Retrieved 2015 12 26 a href Template Cite news html title Template Cite news cite news a CS1 maint unfit URL link Amazon OMG Retrieved 2012 06 24 External links EditOfficial website Retrieved from https en wikipedia org w index php title Music Canada amp oldid 1124056165, wikipedia, wiki, book, books, library,

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