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Advocacy (71)

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Leading Canadian copyright lawyer says “support for Canada’s content creators is imperative” in Globe and Mail op-ed

Barry Sookman, one of Canada’s leading copyright lawyers, wrote an op-ed published in The Globe and Mail on January 18, addressing two of the major challenges facing the cultural industries in Canada: pirate streaming and the Value Gap. The piece was later posted in its full, unedited length on Sookman’s personal website.

Sookman says that “our outdated legal frameworks” are a significant contributing cause of these challenges. He references Music Canada’s 2017 report The Value Gap: Its Origins, Impacts and a Made-In-Canada Approach, which shows that “the market value of music in Canada is still a fraction of what it once was, and equitable remuneration for access to music remains elusive.”

The report defines the Value Gap as the “significant disparity between the value of creative content that is accessed and enjoyed by consumers, and the revenues that are returned to the people and businesses who create it.”

As Sookman points out, the Value Gap is not only a problem for music creators. He says that most of Canada’s leading cultural industries are also affected, including journalism, television and film.

A coalition of author and publisher groups have documented the harm caused by the Value Gap to their sector, and in 2017 launched the I Value Canadian Stories campaign to urge Canadian lawmakers to “restore balance between the need to compensate our creators for educational copying and the need to promote access to quality content.” The campaign website notes that royalties to creators and publishers for copying of their works have declined by 80% since 2013.

Sookman concludes that, given the magnitude of this problem and the threat to Canada’s cultural industries, the issue, as well as practical solutions, “deserve the attention and support of Canadians.”

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Canadian venues to support music therapy programs with A Night Out For Music Heals 2018

Music therapy charity Music Heals has revealed details for the 2018 edition of their annual A Night Out For Music Heals event, which invites bars, venues, nightclubs, pubs, and breweries across Canada to come together on one night (March 3, 2018) to support the organization’s initiatives.

Now in its sixth year, A Night Out For Music Heals takes place on the first Saturday of every March, and kicks off Music Therapy Awareness Month. The initiative raises funds and awareness for Canadian music therapy programs, with $1 from each patron at a participating venue donated to support music therapy programs across the country.

90 venues across Canada participated in 2017, helping raise over $19,900 for music therapy. The Vancouver-based organization hopes to see over 150 venues participating in 2018, and anticipates growth of international audiences as Music Heals spearheads the launch of the first ever World Music Therapy Day in March 2018.

RSVP to Music Heals’ Facebook event page to stay up to date with the latest venues joining the initiative. Venues that are interested in participating in 2018 can contact Music Heals at nightout@musicheals.ca.

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Miranda Mulholland brings crucial message to Ottawa in ‘Redefining Success in a Digital Marketplace’ speech

On Nov. 22, Miranda Mulholland brought an important and timely message to Ottawa as she delivered a keynote speech at the Economic Club of Canada. In addition to her credentials as a talented artist and entrepreneur, Mulholland has emerged as a trailblazer in the global artists’ rights movement: in May, she became the first creator to deliver a keynote address at the Economic Club of Canada, and recently spearheaded a letter co-signed by 100 fellow artists on recommendations for a reformed Copyright Board of Canada.

Mulholland’s keynote topic was “Redefining Success in a Digital Marketplace.” Her speech highlighted the challenges for artists working in today’s digital age and proposed solutions to help create a more balanced music ecosystem in which creators can earn a living.

Mulholland’s speech was followed by a panel discussion with representatives from different cultural industries, who discussed how the digital marketplace has affected their industries and their individual careers. The panel, which was moderated by Vassy Kapelos, Global National’s Ottawa Bureau Chief and host of The West Block, included:

Video of the keynote and panel is now available online, and embedded below. The event was attended by many artists and Ottawa music industry members, as well as MPs Gord Brown, Julie Dabrusin, and Pierre Nantel, who are members of the All Party Music Caucus. A selection of photos and social media posts from event is included at the end of this post.

Mulholland began by observing “an extremely important anniversary in the lives of all creators” – the date the Copyright Modernization Act came into force, just over 5 years ago. Although Mulholland referred to the Act as a “landmark”, she acknowledged that it wasn’t perfect and “probably created as many problems for creators as it solved.” Fortunately, the legislation included a specific provision that mandates a review of the Act, 5 years to the day that it came into force. Unfortunately, that date passed two weeks ago, and creators are still waiting for the review to begin.

“I find this disappointing,” said Mulholland. She then spoke about her path to advocacy, referencing two conversations with Heritage Minister Mélanie Joly, who told her “artists need to speak up” in the government’s “Canadian Content in a Digital World” consultations. Those conversations led directly to the founding of Focus On Creators, a coalition of more than 3,500 Canadian creators asking the government to put creators at the heart of future policy. Speaking of her previous speech at the Economic Club, Mulholland thanked MP Julie Dabrusin for raising some of the issues her keynote addressed in a meeting of the Standing Committee on Canadian Heritage. After noting that she is aware of the government’s increased funding for grants and export, Mulholland reiterated her call for a market that properly values their work: “the main message of creators, and what we’re trying to say, is that we want a functioning marketplace right here at home. We are here, and we’re speaking up. We’d love to be heard.”

After a brief recap of her artistic bona fides – violin training since age 4; studying Opera Performance at Western and McGill Universities; founding a record label and festival; performing as a member of Harrow Fair, Great Lake Swimmers, and performing on hundreds of recordings by artists such as Cowboy Junkies, Donovan Woods and Rose Cousins, as well as film & television work including CBC’s Republic of Doyle and the film Maudie; a member of the Soulpepper Theatre Company and the Board of Governors of Massey/Roy Thomson Hall – Mulholland acknowledged that she has a serious problem: “My problem is that because of this Broken Promise of a Golden Age, I’m barely able to make a living.”

Mulholland explained that when sharing her concerns with policymakers, the response that she is often given “is that creators are asking for the clock to be turned back… but that is not what we want. However, we do need to look back at the policies and promises that were made in the late 90s, and recognize that times have changed. My MySpace page doesn’t work anymore. If anything, we’d like to turn the clock forward and rethink some of these ideas and assumptions that have turned out to be false and predictions that have sadly not come to pass.”

After outlining some of the challenges that today’s artists face, including financial hardship and an increasing number of middlemen involved in distributing her music and collecting revenues, Mulholland pivoted from the solution often offered to creators expressing their concerns (“adapt”) to a key theme of her speech: Accountability.

“Let’s look at the current situation and who is accountable for the devaluation to which we are forced to adapt,” said Mulholland. “Accountability means acknowledging value and compensating for it.”

Mulholland called for accountability from digital services like YouTube, and showed why the often-proposed solution of live touring is not a panacea, or even feasible for many artists. Turning to solutions, Mulholland referred a pamphlet distributed with advocacy infographics, which are available on her website. Explaining that we all have a role to play in improving the music ecosystem, Mulholland identified steps that artists, consumers, industry members, and government can take to help ameliorate the current situation.

Mulholland urged the government to end tech company safe harbours: “The European Commission has now acknowledged that the market isn’t functioning properly, and they have identified and accepted the problem as the unintended Value Gap, and agreed that legal clarification is needed. Can we follow suit?”

She also called on the government to end other industry cross-subsidies, such as the Radio Royalty Exemption, “an industry cross-subsidy given to every commercial radio station in Canada, exempting them from paying more than $100 in royalties to artists and record labels on their first $1.25 million in advertising revenue,” said Mulholland. “The Exemption was introduced as a political compromise in the 1997 amendments to the Copyright Act, but it is now outdated and unjustified – if it ever was justified. It is really not right that artists and labels continue to subsidize these large media companies. I am subsidizing Bell.”

Mulholland then highlighted that due to the definition of sound recordings in the Copyright Act, recorded music is actually not considered a ‘sound recording’ (and thus not entitled to royalties) when it is included in a TV or film soundtrack. “This affects me greatly,” said Mulholland, “because for example, even though I played on almost every episode of CBC’s Republic of Doyle, which is now syndicated worldwide, I only received the one-time union rate I got per session, which was around $280, while the composer collects residuals every time that show airs. 44 countries around the world – the UK, France and Australia among them – afford performers and record labels the right to receive public performance royalties when their sound recordings are used as a part of a soundtrack in TV and film.”

Mulholland closed by stating “a culture of permission-less innovation” is what led to the current situation. With that, she referenced another anniversary – the two hundredth anniversary of Frankenstein. “Mary Shelley wrote this classic after witnessing the disastrous consequences of her industrial revolution,” said Mulholland. “The moral of her story is that monsters are created when the only question being asked is ‘Can I?’

We know what’s it has done to the livelihood of creators – it’s produced the Value Gap, and that is our monster.”

 

Had an amazing time at the Economic Club of Canada panel talking about the music business and what is means to be an…

Posted by Jessica Pearson and the East Wind on Wednesday, November 22, 2017

I had the wonderful opportunity of seeing Miranda Mulholland present this speech yesterday at the Economic Club of…

Posted by Maddy O'Regan on Thursday, November 23, 2017

https://www.facebook.com/CodyCoyoteMusic/photos/a.800580609984552.1073741825.103537669688853/1879309895444946/?type=3

Feeling empowered after gaining some knowledge from a very introspective panel discussion on the music industry and…

Posted by Kimberly Sunstrum on Wednesday, November 22, 2017

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Miranda Mulholland and 100 fellow creators call for real and meaningful reform to the Copyright Board of Canada

In August of 2017, Canada’s Innovation, Science and Economic Development Minister, Navdeep Bains, in conjunction with Mélanie Joly, Minister of Canadian Heritage, announced the launch of consultations on reforming the Copyright Board of Canada. According to the government’s release, the goal of Copyright Board reform is to “enable creators to get paid properly and on time.”

Miranda Mulholland is a violinist, singer, label owner, and the recipient of Music Canada’s inaugural Artist Advocate Award for her outstanding achievements in advocating for the rights and livelihoods of music creators. One of those achievements is becoming the first creator to deliver a keynote address to the Economic Club of Canada. Another is rallying her fellow musicians on the importance of reforming the Copyright Board and her submission of two letters to the Canadian government.

The first letter was submitted on behalf of “Canadian musicians, independent label owners and creative entrepreneurs – at all stages of their careers” 100 of whom added their names. The letter states “While only part of our income comes from royalties collected by collective societies, the rates set by the Board directly impact the value of our music, and our ability to earn a living from it.” The letter specifically supports three options outlined in the consultation’s Discussion Paper and points out that while the role of the Board has evolved, “at the end of the day, the Board is valuing our work, and setting rates that affect our livelihoods.”

The second letter was submitted to Prime Minister Justin Trudeau, and in addition to the list of supporting names, is signed directly by Mulholland, Jim Cuddy, Alan Doyle and Joel Plaskett. It stresses the need for real and meaningful change at the Board, calling for tariffs to be set faster and more in line with market values, and also thanks the government for embarking on the long overdue reform process.

You can read Miranda’s letters below, which are also available on the advocacy section of her website.

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Playback 2017: Music Canada President’s Award presented to Cory Crossman and Chris Campbell

The Music Canada President’s Award is presented to an individual working outside the music community who displays a deep passion for music and the people who make it.

The recent past has been filled with many firsts and milestones for music in London, Ontario. The city hosted an incredibly successful Country Music Week and the CCMA Awards in September 2016; completed its first ever music census; has taken steps to modernize noise bylaws for music and dancing on outdoor patios; and on November 17, will host its first Music Career Day. Credit for these outstanding accomplishments is due not only to one individual, but two passionate community leaders.

At Playback 2017, Music Canada’s annual industry dialogue and celebration, London’s Music Industry Development Officer, Cory Crossman, and Chris Campbell, Director of Culture and Entertainment Tourism at Tourism London, were both presented with the 2017 President’s Award for their incredible commitment to making London a Music City.

The first ever President’s Award was presented to Mark Garner, Executive Director of Downtown Yonge BIA in 2015.

Watch below as Chris Campbell and Cory Crossman accept their awards, presented by Music Canada’s President and CEO, Graham Henderson.

News of the award presentation received cheers and praise on social media.

https://twitter.com/_woodbethany/status/920702993896321024

Below is a selection of photos from the award presentation.

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Playback 2017: Inaugural Music Canada Artist Advocate Award presented to Miranda Mulholland

Miranda Mulholland does it all. From running a record label and a music festival, to singing and playing fiddle in multiple acts, and even performing as a member of Toronto’s Soul Pepper Theatre Company, Miranda is the epitome of a multi-talented artist. On top of her artistic achievements, Miranda has emerged as a trailblazer in the global artists’ rights movement.

In 2017, Miranda became the first creator to deliver a keynote address at the Economic Club of Canada, where she shared an honest first-hand look at the reality for music creators in the digital marketplace and laid out concrete steps the industry, music fans, and governments can take to help artists succeed. She also spearheaded a letter signed by fellow artists on recommendations for a reformed Copyright Board of Canada, which is often tasked with determining the value of music in this country.

In recognition of her outstanding advocacy efforts to improve the livelihoods of music creators, Miranda Mulholland was presented with the inaugural Music Canada Artist Advocate Award at Playback 2017.

Watch Music Canada’s President and CEO, Graham Henderson, present Miranda Mulholland with the inaugural Music Canada Artist Advocate Award below.

Below is selection of photos of Miranda receiving the award.

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Playback 2017: Executive Vice President Amy Terrill launches Music Canada’s inaugural annual review site

Playback is not only the new name for Music Canada’s annual industry dialogue and celebration, it is also the name of our inaugural annual review publication.

On October 17, at the first Playback event, Music Canada’s Executive Vice President, Amy Terrill, launched the Playback 2017 site and highlighted some of Music Canada’s accomplishments from the past 12 months described in the publication.

Watch the full video below, and for a fuller picture of Music Canada’s work in the past year, check out the Playback 2017 website.

Below is a selection of photos from the Playback 2017 year in review.

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Playback 2017 panel: Canadian musicians discuss how the Value Gap affects their ability to earn a living from music

Music Canada’s annual industry dialogue and celebration, Playback, took place on October 17. At the event, Graham Henderson officially launched our latest research report, The Value Gap: Its Origins, Impacts and a Made-In-Canada Approach. Following the launch of the report, Canadian recording artists Damhnait Doyle and Miranda Mulholland joined moderator Andrew Cash, a musician himself, for an honest discussion about their strategies for survival working as musicians in 2017.

Miranda has been an outspoken advocate for the rights of music creators. In 2017, she became the first creator to give a keynote address to the Economic Club of Canada, and has submitted two letters to the Canadian government on the topic of Copyright Board reform. She is a multi-talented fiddle player, singer, record label owner, music festival founder, and more.

Damhnait Doyle is an accomplished musician, songwriter, SOCAN Award winner, as well as a columnist and author. She has released multiple albums, both of solo material and as part of the group Shaye.

Andrew Cash is a JUNO and SOCAN Award winning musician and composer with over a dozen albums to his credit. He is also a former Member of Parliament and is co-founder of the Urban Worker Project.

Watch the full video below:

Quoted

Damhnait Doyle

“Musicians, technically and for a very long time, have been undervalued.”

“What I did today – I sang on a television show – which I will only get paid for once, the same with your (Miranda’s) situation with Republic of Doyle…I’m getting paid a ridiculously small amount of money, but I’m doing it because – where else am I going to make money?”

“It costs me an incredible amount of money to go out on the road, and to earn money, which is now kind of the only allotted place where artists earn money. Well, you’re not making money off the radio, you’re not making money off publishing, you’re not making money off records. So the only place you’re going to make money is playing live.”

“We’re really, really fortunate in this country to have things like FACTOR and to have things like Slaight Music who support our artists. In that one sense we are in a very rarified earth up here in Canada, that we do have an industry that supports us. It supports us in the creation of the art itself, but there, it falls off…It would be an artist’s dream to not have to apply to FACTOR. That would be a great milestone.”

“The fact that the government has not changed or amended this legislation is laughable, I mean, someone made a mistake and no one’s willing to clean up the mess. It’s a mistake.”

Andrew Cash

“There’s no bylaws and standards regulating a rock-n-roll band. And by and large, that’s been probably a problem.”

“One of the reasons we’re all here is that we love music, and we want music to happen. And it can’t happen unless artists can make a decent living and be healthy and happy in their lives.”

Miranda Mulholland

“I find my days are taken up with so much administration…I’m updating my Facebook and I’m doing my Spotify work. I’m selling their product basically, through my music, and trying to get people to subscribe to Spotify so that I can get paid .004 extra cents per stream.”

“Granting is great, and it’s amazing that we have those capabilities in Canada, but what we want is a sustainable working marketplace where we are creating art and we are being remunerated for it properly. And that is not happening for a variety of reasons.”

“Policy must change. The government needs to make some pretty swift cuts to end some of these subsidies, and that’s a big deal. And I love that people are actually having this conversation now and asking about what our lives look like, that it isn’t flashy parties, you know, and being more honest on Instagram and Facebook about what touring actually looks like because it doesn’t look the way that I think most people picture it.”

“If you look at France – they have very strong opinions about Spotify and about a lot of the streaming services, and they’ve taken some really harsh stances, and I feel as though our government is still in a lot of conversations, and they’re being very polite with a lot of these giant tech companies, where there actually could be some pretty significant…maybe further than conversations, but actually drawing a line in the sand. That would be appreciated by us and that would definitely change our livelihoods.”

Below is a selection of photos from the panel.

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Graham Henderson launches Music Canada’s first-of-its-kind Value Gap report at Playback 2017

Music Canada’s annual industry dialogue and celebration, Playback, took place on October 17. The headlining portion of this year’s event was the launch of Music Canada’s latest research report The Value Gap: It’s Origins, Impacts and a Made-In-Canada Approach. This new report is the first comprehensive collection of information about the Value Gap, and the solutions available to Canadian policy makers.

At Playback 2017, Music Canada’s President and CEO, Graham Henderson, shared highlights from the report and described the four concrete recommendations contained within for the Government of Canada to address the Value Gap plaguing Canadian music creators and other cultural industries.

Watch the full video below:

The Value Gap is the most pressing global phenomenon hurting creative industries, including publishing, journalism, film and television production, and music. It is an issue of critical importance to the current and future health of Canadian culture, our nation’s cultural industries, and the creators of our cultural works.

Many of our creative industry partners affected by the Value Gap, some of whom are supporting partners in the Focus On Creators coalition, attended Playback and shared their reaction to the report:

Below is a selection of photos from the launch of the report.

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Graham Henderson’s introductory remarks from Ontario Provincial Arts Education Roundtable

Below are introductory remarks delivered by Music Canada’s President and CEO, Graham Henderson, at the Provincial Arts Education Roundtable hosted by the Ontario Ministry of Education and Ministry of Tourism, Culture and Sport on October 16, 2017.

It sometimes feels today as though the liberal arts and the humanities are under siege. Right across the United States, Republican governors are rolling back support for state universities that offer liberal arts education. And we must be vigilant – because if it can happen there, it can happen here.

Culture and the arts are worth fighting for. The poet Percy Bysshe Shelley believed that the arts can reform the world.  He developed a theory of the imagination.  He believed that what he called the “cultivated imagination” can see the world differently – through a lens of love and empathy.  And how do you get one of those “cultivated imaginations”? Well through exposure to culture.

Now, it might be said that we live in a technology obsessed world.  And you, know, Percy’s wife, Mary had something to say about that.  She wrote Frankenstein, a book whose central message seems to be that the unmediated, unexamined introduction of technology into our lives is fraught with risk and danger. It can, not always, but it can create monsters.

Poets today continue to operate in this tradition.  If you don’t know the Texan poet and performance artist Arielle Cottingham, you should. Cottingham, now living in Melbourne, won the 2016 edition of the Australian Poetry Slam with an electrifying performance. She was recently interviewed for the magazine ArtsHub. In an article meaningfully entitled, “Why We Need Poets More Than Ever Before”, Cottingham cited Shelley as an inspiration for her work and pointed to his famous comment in A Defense of Poetry: Poets are the unacknowledged legislators of the world.

Shelley used the term “legislator” in a special sense. Not as someone who “makes laws” but as someone who is a “representative” of the people. In this sense creators must be thought of as the voice of the people; as a critical foundation of our society and of our democracy. They offer insights into our world and provide potential solutions – they underpin our future.

Cottingham agrees and explained it this way:

[Shelley] argues that poets are the moral barometers of their times and circumstances – and look at the well-known poets today. Bob Dylan is lauded as the voice of a generation. Maya Angelou elevated the voice of the black woman to an unprecedented visibility. Gil Scott Heron wrote a single line of poetry so prescient that it became more famous than he himself did – “The revolution will not be televised.” To quote Miles Merrill, “poets are more honest than politicians.”

A liberal arts education and an education in the humanities – STEM blended into STEAM – is therefore essential to a healthy society and one that is governed by empathy and love.

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