Canadian Alliance for Karaoke Entertainment

The Alliance must work in conjunction with
Manufacturers and copyright holders in order to be effective.

For this reason, all manufacturers, resellers, karaoke hosts, and interested parties are urged to support this alliance. Only our collective efforts can make a difference in the fight against karaoke piracy for all.

No one body can prosecute on behalf of other manufacturers and distributors. Our role at present is to provide information about the law as it pertains to karaoke media and to gather support for the fight against piracy.

Eliminating illegal karaoke operations would increase the value of karaoke entertainment to reflect a more reasonable pay scale for service providers, reduce the cost of karaoke media by reducing the loss experienced by manufacturers and resellers of karaoke media, and raise the quality of karaoke by reducing the number of unsavoury operators.

These efforts can prove to be beneficial to the industry as a whole.

This problem is not exclusive to Canada. It is pervasive across the globe. As such, membership in C.A.K.E. is not exclusive to Canadians. We NEED the support of the entire industry; in fact, we cannot act on behalf of the various U.S. and International Manufacturers without this support!

 

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Join the fight against Karaoke Piracy, become a member of the Canadian National Karaoke Coalition (CNKC).

Questions & Answers:

What authority would such an alliance have and who will grant it (the provinces or federal government)?

• Enforcement and protection of Intellectual Property Rights falls onto the association/member companies and must include the copyright holder of a disc that is known to be in the possession of an infringer. The enforcement arm will fall under the policy and authority of the Association which will call upon the body to investigate offences falling under the Copyright Act of Canada. The provisions to protect copyright are within the Act, and remedy can be either criminal or civil. They do not have the powers of arrest like a police force does.
  

Would there need to be an amendment with the Criminal Code and what sort of penalties will occur (fines, seizure of equipment, etc.)?

• There is no need for an amendment to the Criminal Code of Canada, the offences are outlined with the Act. The ability to seize is granted through civil remedy, and hearings are held ex-parte. Counsel is required to make arguments, therefore potential costs could be significant. The best strategy would be to use a single lawyer for all services.
  

Will this be paid for by members or Government?

• The fees would be paid for by members and through settlement procedure. As part of the procedure, the infringing party would have to be available for audit without notice.
  

Is it large enough to attract government attention?

• As for attracting government attention, it would be important to consult other industry trade associations and monitor their activities. The Canadian Private Copying Collective (CPCC) recently had an amendment made to the copyright act which now requires the payment of a per unit fee for all blank discs, cassettes, and storage mediums manufactured and sold in Canada. The artists on that end are getting their money through copyright infringement. Is the karaoke copyright holder entitled to this royalty, or not, as karaoke tracks are licensed? We must apply to CPCC and we are looking into this.
  

Will the labels support this?

• We certainly hope so. It is in the best interest of manufacturers as well as retailers/distributers, and service providers to curb piracy on an international level.
  

Who would be the enforcement agents?

• Investigation fees can run sky high for many types of investigations. The best apparatus to conduct cost effective and efficient Intellectual Property Rights enforcement is to look at the country, develop a short list by region and control all investigations out of one central location. By using local assistance, the costs are somewhat alleviated and the local agent can also deliver a Cease & Desist letter if this is used. The letters do not have much impact on an infringer unless the sender is willing to follow through with litigation. Impact can only be had through a personal delivery of the letter and the letter must come from the copyright holder.
  [See: Sunfly's Initiative]