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Music Canada’s submission to the CRTC’s consultation on “The Path Forward – Supporting Canadian and Indigenous audio content.”

This week, Music Canada submitted detailed responses to the CRTC as part of its consultation on “The Path Forward – Supporting Canadian and Indigenous audio content.” 

We have engaged meaningfully throughout the CRTC’s regulatory process because regulating music streaming could have far-reaching impacts across the Canadian music industry. This proceeding considers introducing regulations that could impact the core features of the music streaming consumer experience – an experience that Canadian audiences have embraced and that underpins a market that is driving renewed industry growth and investment in the next generation of Canadian and Indigenous artists. 

It’s important the CRTC gets this right.

Our submission outlines a number of key principles to inform the development of a modern regulatory framework for music streaming. We believe these principles are necessary to ensure that the regulatory framework aligns with the unique features of the global and highly competitive music streaming market in which Canadian and Indigenous artists are trying to succeed:

  1. Music streaming is the key revenue driver for the Canadian recorded music industry and regulations should be carefully calibrated to support, not hinder, its growth;
  2. Music streaming platforms have established methods of promoting Canadian music and the regulatory framework should recognize, reflect and incentivize these business models;
  3. The regulatory framework for music streaming should help Canadian and Indigenous artists compete on the highly competitive global stage where consumers can listen to virtually any song ever recorded;
  4. Radio rules were designed for radio; they will not work for music streaming;
  5. User choice must be protected, otherwise we risk driving listeners back to piracy where artists don’t get paid when their music is played; and
  6. Discoverability means promoting Canadian and Indigenous music, not dictating what Canadians listen to.

Read Music Canada’s full submission here: https://musiccanada.com/wp-content/uploads/2025/05/Music-Canada-Submission-to-CRTC-BNC-2025-52.pdf

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2021 Commercial Radio Review

March 29, 2021, Ottawa: Today, Music Canada today filed its submission in the Canadian Radio-Television and Telecommunications Commission’s (CRTC’s) Commercial Radio Policy Framework Review. Music Canada’s submission calls for an update to commercial radio broadcasting content rules to better reflect how Canadian music is made today, to nurture developing Canadian artists, and to ensure that our airwaves truly reflect the full diversity of Canadian voices.

While the way we listen to music has changed over the years, radio continues to play an important role in the development and reach of Canadian musical artists and those who support them. Since the 1970s, the CRTC’s Canadian content rules for commercial radio have been integral to building a dynamic and thriving Canadian music industry. 

Music Canada submits that the MAPL formula (which determines what is Canadian content) should be modernized to better reflect how music is made by Canadian artists and songwriters in 2021, and to acknowledge the important contributions that Canadian engineers, producers and recording studios have in the success of our industry. We also believe strongly that the Canadian content rules should actively create opportunities for the next generation of Canadian talent to be discovered and supported. To this end, Music Canada recommends that a certain percentage of music played on commercial radio be from new and emerging Canadian talent. 

Just as importantly, Music Canada submits that Canada’s airwaves should reflect the rich diversity and range of cultures that make up our country. Indigenous voices and voices from racialized and ethno-cultural groups should be heard on commercial radio. Music Canada recommends that a certain percentage of music played be by Canadian artists representing sovereignty-affirming and equity-deserving groups. 

Music Canada’s objectives of modernizing MAPL and amplifying the diversity of voices on Canada’s airwaves are broadly shared by other leading industry stakeholders, including the Canadian Independent Music Association (CIMA), the Songwriters Association of Canada, ADVANCE, the Indigenous Music Alliance, Music Publishers Canada, the Music Managers Forum and the Canadian Council of Music Industry Associations. Music Canada also echoes the support of those organizations for funding structures like the Canadian Content Development fund (CCD), which are integral to the creation of Canadian music and important organizations like MusiCounts. Music Canada, alongside these groups, also supports the expansion of federal funding for the Unison Benevolent Fund.

“Today’s submission marks an important milestone in the CRTC process,” said Patrick Rogers, CEO of Music Canada. “We are incredibly proud of this work and grateful for the opportunity to collaborate with and benefit from the perspectives of our music industry colleagues. These collaborations make it clear that we are all working toward a common goal: ensuring that all Canadian artists and those who work with them are given opportunities to be elevated, supported and celebrated.”

Music Canada looks forward to continuing its collaboration with its industry colleagues and working together with the broadcasting industry and the CRTC to create a more modern and equitable Canadian radio regime.

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Erica Meekes
Music Canada
emeekes@musiccanada.com
(416) 462-1485

 

About Music Canada
Music Canada is a non-profit trade organization that represents the major record companies in Canada:  Sony Music Entertainment Canada, Universal Music Canada and Warner Music Canada. Music Canada also works with some of the leading independent record labels and distributors, recording studios, live music venues, concert promoters, managers and artists in the promotion and development of the music cluster.

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Music Canada and CONNECT Music Licensing partner for Industry Insider Video Series hosted by Domanique Grant

The Industry Insider Video Series presented by Music Canada & CONNECT Music Licensing is an exciting new web series created in collaboration with Toronto-based artist Domanique Grant. The four episode series hosted by Domanique was developed to provide Canadian artist entrepreneurs with useful tips and resources from some of the industry’s top experts on how to navigate Canada’s music ecosystem, and give insight on how to effectively pivot during COVID-19. 

All the episodes are now streaming on Music Canada’s Facebook, Instagram TV, and YouTube channels, and the links are available below. 

Episode 1: Amanda Power (Unison Benevolent Fund)

In the first episode of the Industry Insider Video Series, Domanique speaks with Amanda Power, Executive Director of the Unison Benevolent Fund, to provide artists and members of the Canadian music community with critical information about the support programs available to them through Unison, including their free counselling services and COVID-19 financial relief program.

YouTube | Instagram | Facebook

 

Episode 2: Catherine Jones (CONNECT Music Licensing)

Catherine Jones, Executive Director of CONNECT Music Licensing, provides viewers with key information on the licensing landscape in Canada including copyright, distribution, ISRC codes, and registering with the correct collective management organizations. Visit the resources and infographics that Catherine references for more helpful information.

YouTube | Instagram | Facebook

 

Episode 3: Allan Reid (CARAS, The JUNO Awards, MusiCounts)

Domanique speaks with Allan Reid – President and CEO of the Canadian Academy of Recording Arts and Sciences, the not-for-profit umbrella organization for The JUNO Awards, MusiCounts, and the Canadian Music Hall of Fame. Allan discusses how artist entrepreneurs can build the foundations for success in the Canadian music business, and shares critical advice from his 30 year career.

YouTube | Instagram | Facebook

 

Episode 4: Shad (Artist, Host of Netflix’s Hip-Hop Evolution)

In this final episode of the Industry Insider Video Series, JUNO Award-winning rap artist Shad sits down for an in-depth discussion about an artist’s balance of sustaining a living in music while staying true to their artistic visions. Domanique and Shad share their beliefs on how artists can use their personal compass to navigate their career growth without compromising their creative output and social responsibility. 

YouTube | Instagram | Facebook

 

We hope you enjoyed the Industry Insider Video Series. Stay tuned to Music Canada and CONNECT Music Licensing for more information surrounding more tools and resources for artist entrepreneurs in Canada. 

The theme music for the Industry Insider Video Series was created and provided by Nick Fowler of TEKnology Productions.

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New Noise Bylaw illustrates City of Toronto’s commitment to supporting a vibrant music ecosystem through clear, objective standards

New bylaw procedures have been implemented by the City of Toronto to provide clearer standards regarding noise in the city. Bylaw amendments include a number of changes relating to amplified sound’ that have positive implications for the live music ecosystem, and provide clearer communication from the City to venue owners. These substantial amendments flow from an extensive research and consultation process led by the City of Toronto’s Municipal Licensing and Standards (MLS).

Music Canada applauds the City’s amendments to the bylaw, which signify a positive step forward, and demonstrate that the music community was a meaningful stakeholder in the deliberation process. As described in our groundbreaking report The Mastering of a Music City, it is critical for cities to implement measures that support the growth of a robust music economy. 

These amendments better recognize the crucial role the live music sector plays in making Toronto a vibrant and inclusive Music City. They also demonstrate the value the City sees in the live music industry, its impact on our local economy, and what it means for the improved quality of life for those living in Toronto and the surrounding area. In addition to the elimination of the old Noise Bylaw’s ‘general prohibition’ (which stated that “no one shall produce noise that disturbs anyone else, day or night”), the updated policies contain new musician-friendly standards including:

  • Quantitative decibel limits for amplified sound, giving venues a clear, objective standard against which to measure and manage their operations
  • An adjustment to point of measurement for decimal levels, which will now be measured from the point of reception (where the noise is heard) instead of the property line of the sound source (music venue, festival site, etc.). 

Policy-makers heard from a wide range of groups, including venue owners, festival operators, artists, residents’ associations, businesses, public health authorities, and other interested stakeholders. The Toronto Music Advisory Council (TMAC) – of which Music Canada was a core member – also played an important role in the process, providing critical input and recommendations regarding the reform of various noise-related regulations. 

“These changes signal the City’s growing recognition of our businesses and organizations – who add significantly to the heart beat of Toronto,” said Erin Benjamin, President & CEO of the Canadian Live Music Association. “Live music venues and events are significant economic and cultural assets. They animate neighbourhoods, enhance benefit to local businesses, create jobs and attract tourists. We expect the new noise bylaw to be clearer in terms of interpretation and application.”

These bylaw amendments were first approved by City Council in April, but the policy changes came into effect on October 1. To learn more about the City of Toronto’s new Noise Bylaw, visit https://www.toronto.ca/city-government/public-notices-bylaws/bylaw-enforcement/noise/.

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Release: Music Canada Announces New Executive Team Appointments

Restructuring, in concert with other recent initiatives, positions Music Canada to deliver on its new three-year strategic plan

Jackie Dean, newly-appointed Chief Operating Officer, Music Canada

Toronto, March 28, 2019:  Music Canada today announced the appointment of Jackie Dean to the newly created position of Chief Operating Officer and the promotion of two other senior team members to the organization’s executive team.

The appointments, in concert with recently announced changes to Music Canada’s Board of Directors and the creation of an Advisory Council, position the association to deliver on its new three-year strategic plan. Objectives set out in the plan include contributing to the enhancement of Canada’s music ecosystem; ensuring Music Canada is a great place to work for its talented and engaged team; and returning demonstrable value to its members while advancing their interests.

These actions are the product of a comprehensive governance review which, in addition to the new Advisory Council, has resulted in changes to Music Canada’s bylaws; the implementation of a diversity policy; and the addition of two new independent member positions to the Board of Directors, with the representation of women on the Board increased to 40 percent.

“The new appointments represent another important step in implementing the conclusions of our 2018 governance review,” says Graham Henderson, President and CEO, Music Canada. “They demonstrate our commitment to promoting equity, diversity and inclusion, and to meeting our goals for accountability and transparency. The result is a streamlined organizational structure that positions us to achieve the objectives set by our Board.”

Henderson added, “The changes will also help Music Canada to achieve our goal of enhancing Canada’s music ecosystem in concert with our partners in the music community.”

In her new role, Dean, along with other members of the leadership team, will support Henderson in executing the organization’s strategic plan and driving its research, advocacy and community leadership activities.  

Dean joined Music Canada in June 2002 as Chief Financial Officer on a part-time basis, and will now be full-time in her new role. During this same period of time, she also served as COO of The Canadian Academy of Recording Arts and Sciences/The JUNO Awards & MusiCounts, helping to build the four pillars of the organization’s mandate to Educate, Develop, Celebrate and Honour Canadian artists.

In addition to Dean’s appointment, Patrick Rogers has been promoted to Vice President, Corporate Affairs. Rogers joined Music Canada in May 2016 as Director, Regulatory Affairs, and in his new role, will lead Music Canada’s public policy and communications teams. Sarah Hashem has been appointed Vice President, Strategic Initiatives. Hashem joined Music Canada in June 2018 as Managing Director of the association’s Three Rs Music Program, and will now lead initiatives focusing on specific areas of the music community ecosystem including artist entrepreneur programs and Music City strategies.

“Music Canada has the right leadership, a strong team and an effective organizational structure to achieve the goals we have set for the next three years,” says Jennifer Sloan, Chair of Music Canada’s Board of Directors. “I am confident that their efforts will advance the interests of our members and the broader music community in Canada.”

Allan Reid, President and CEO, CARAS, The JUNO Awards and MusiCounts, remarked, “I thank Jackie for her tremendous contributions to our organization. CARAS, the JUNOS, MusiCounts and Canada’s music community have all benefited from Jackie’s leadership for more than 16 years. I look forward to working with her and strengthening our partnership with Music Canada as she begins a new leadership role in our industry.”

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For more information:
Corey Poole, Music Canada
cpoole@musiccanada.com
+1 (647) 808-7359

About Music Canada

Music Canada is a non-profit trade organization that represents the major record companies in Canada:  Sony Music Entertainment Canada, Universal Music Canada and Warner Music Canada. Music Canada also works with some of the leading independent record labels and distributors, recording studios, live music venues, concert promoters, managers and artists in the promotion and development of the music cluster.

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Amy Terrill addresses Auckland City of Music strategy launch

Aucklanders warmly welcomed Music Canada Executive Vice President, Amy Terrill, as the keynote speaker at their recent launch of the Auckland Music Strategy, Te Rautaki Puoro o Tāmaki Makaurau. Terrill provided an international perspective to the event, commenting on the growth of the Music Cities movement, Toronto’s experience, and providing some considerations for Auckland as it implements its three year strategy.

Read More: Auckland joins UNESCO creative cities network

The event, which took place at The Wintergarden, a venue within the historic Civic Theatre,  began with a Māori welcome speech and song, Miki whakatau & waiata, demonstrating the importance of music to the indigenous community,

“For Māori, music is a divine gift passed down by the gods.  It is embedded in traditional ceremony and preserves stories of the past.  These stories live on today, woven into our culture and city.”

Photo: Serene Stevenson

Other performers included Irene and Saia Folau.

Photo: Serene Stevenson

Auckland Council, one of the key partners in the initiative, was well represented with several elected councillors and key staff in the room and remarks by Mayor Phil Goff. Prime Minister Jacinda Ardern, unable to be there in person, expressed her support through a video message. PM Ardern recalled the first time she was “pitched” on the idea of Auckland as a UNESCO City of Music, and congratulated the industry and civic leaders who worked on the effort over the last two years.

Photo: Serene Stevenson

Photo: Serene Stevenson

The leading proponents of the initiative, Recorded Music NZ and APRA AMCOS, were represented in remarks by Anthony Healey.  The strategy cites Music Canada’s groundbreaking report, The Mastering of a Music City, and Healey noted the importance of this research in the steering committee’s efforts.

In her keynote remarks, Terrill congratulated Auckland on joining “the growing number of cities who are deliberately looking at ways to grow their music economy – many, like Auckland, recognizing a strong music community that has already been built organically.”

Photo: Serene Stevenson

She pointed to the value of the “network of cities, of music industry professionals, artists and academics – all who are sharing experience and wisdom to support these intentional efforts to grow the local music economy.”  

Throughout her remarks, Terrill provided concrete examples of strategies and tactics that have been deployed successfully in other parts of the world, some of which might be helpful for Auckland.  However, she was careful to point out that there is no “cookie cutter approach” and that the way the Auckland strategy is “rooted in what makes your city unique – the diversity of voices and sounds – your unique cultural identity, heritage and position in Australasia,” is very important.

“I see that the City of Auckland values the integration of arts and culture in everyday lives and is working to stimulate the participation of Aucklanders in the arts and employment in the creative sector.  I understand you aspire to be a city where “talent wants to live.” The development of this strategy and inclusion in the UNESCO Creative Cities network is a great first step,” Terrill said in closing. “Ngā mihi nui,” meaning I wish you well.

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Win a Vinyl or CD prize pack in our ‘Gold In Canada’ Back to School Contest!

Music Canada wants you to return to class with some fresh new vinyl in your collection from some of Canada’s favourite Gold-certified artists!

One lucky winner will receive our Grand Vinyl Bundle Prize, courtesy of Universal Music Canada, Sony Music Canada, and Warner Music Canada, which includes vinyl copies of:

  • Harry Styles Harry Styles
  • G Eazy The Beautiful & Damned
  • Arkells Morning Report
  • Lorde Melodrama
  • Khalid American Teen
  • Scott Helman Hotel D’Ville (featuring Gold single “PDA”)

Not too shabby, right?

If you’re not chosen as the Grand Prize winner, don’t fret! By entering the contest, you are also eligible to receive a CD prize pack of certified artists like Camila Cabello, Charlotte Cardin, P!nk, and more.

Each release included in the contest contains a track that has been certified #GoldinCanada by Music Canada. Every Thursday, Music Canada updates the Gold In Canada playlists on Spotify, Apple Music, and Google Play with 50 of the latest tracks earning the coveted Gold certification.

HOW TO WIN

    1. Follow Gold/Platinum Canada on Instagram and/or Twitter,
    2. Like the contest post,
    3. Tell us your favourite song certified #GoldinCanada this summer (hint: follow our playlist for the latest tracks, or visit the Gold/Platinum Canada database),
    4. Tag a friend that you listened to it with!

Don’t forget to ‘Like’ Gold/Platinum Canada on Facebook for more updates on the latest certified releases.

Click here to view the Official Contest Rules.

Contest closes at 11:59 PM EST on September 18, 2018.

 

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Rescuing, Restoring, and Reuniting Instruments in Gravenhurst, Ontario

On Sunday, August 5th, Music Canada introduced the Three Rs Music Program at the second annual Sawdust City Music Festival in Gravenhurst, Ontario. The new program, which is rescuing gently used instruments, restoring them to fully-functional condition, and then reuniting them with students in publicly funded schools across Ontario, will be fully operational this Fall.

Instruments were collected from artists and concert-goers at Music Canada’s booth in the festival’s Vendor Village at Gull Lake Rotary Park. Among the collected instruments were acoustic and electric guitars, as well as ukulele, fiddle, flute, and snare drum.

The instruments will be restored by Currie’s Music, a local vintage music and repair shop. Once the instruments are fully-functional, they will be made available to publicly funded schools in the Gravenhurst area.

Music Canada would like to thank all the festival attendees who generously donated their instruments. Additional opportunities for instrument donation will be announced soon.

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Breakthrough collaboration between Bell Media, Music Canada and Re:Sound creates international gold standard with music creators at its heart

 

Toronto, Dec 6, 2017: Advancements in cross-platform reporting have ushered in a new era of cooperation between Canada’s music and media industries. Developed by Bell Media, Music Canada and Re:Sound, the new process aligns terrestrial broadcast data with digital, ensuring all music industry stakeholders are served with efficiency, transparency, and accountability, while setting a new industry standard for data reporting. With this game-changing initiative by Bell Media, the automation of the existing music content distribution tool allows the industry to streamline sound recording data within the Canadian music ecosystem.

The new system is part of an ongoing project to develop administrative efficiencies by Music Canada and Re:Sound. Through consolidating multiple data sets, maximizing the use of ISRC (International Standard Recording Codes), and other improvements, the project has so far resulted in faster payouts and 28% more revenue for major labels and members of CIMA (the Canadian Independent Music Association).

Beginning with a successful pilot program of the new system by Toronto’s 104.5 CHUM FM in early 2017, Bell Media radio stations are now tracking complete sound recording data including ISRC automatically on new tracks from major record labels and independent label partners. With the elimination of manual processes, the new reporting system has resulted in cleaner data, which significantly benefits all rights holders in the Canadian music industry including artists, background musicians, songwriters, and music publishers, through organizations (SOCAN, CMRRA, SODRAC, etc.) relying on broadcast data to get royalties to rights holders.

“I commend Bell Media, and specifically Randy Lennox, for showing remarkable leadership on this project,” says Graham Henderson, President and CEO of Music Canada. “Thanks to this collaboration, achievements in data efficiency from projects completed by the major record companies and Re:Sound will now yield even greater results, generating savings throughout the royalty chain, while resulting in more dollars in the pockets of creators.”

“As someone with love for Canada’s music industry, I am thrilled by the results of this project,” said Randy Lennox, President, Bell Media. “When Music Canada’s Graham Henderson approached us to help resolve what has been a longstanding issue within Canada’s music industry, it was an easy decision to lend Bell Media’s resources and expertise. The automation of the tracking process establishes international best practices that benefit creators while making the entire system considerably more efficient.”

“At Re:Sound, we only exist for the artists and sound recording owners we represent,” says Ian MacKay, President of Re:Sound. “Ensuring that the absolute best quality data flows through the entire music ecosystem is a huge step forward for rights holders, and will help us (and other organizations) to ensure that we pay the right people as quickly and efficiently as possible. We couldn’t have done this without the strong leadership of Bell Media and Music Canada.”

 

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For more information:

Siobhan Özege, Re:Sound
sozege@resound.ca
+1 (416) 968-8870 ext 369

Corey Poole, Music Canada
cpoole@musiccanada.com
+1 (647) 808-7359

Renee Dupuis-Macht, Bell Media
Renee.dupuismacht@bellmedia.ca
+1 (416) 384-3154

 

About Re:Sound
Re:Sound is the Canadian not-for-profit music licensing company dedicated to obtaining fair compensation for artists and record companies for their performance rights.  Re:Sound advocates for music creators, educates music users, licenses businesses and distributes public performance and broadcast royalties to creators – all to help build a thriving and sustainable music industry in Canada. For more on Re:Sound Music Licensing, please visit www.resound.ca

 

About Music Canada
Music Canada is a non-profit trade organization that represents the major record companies in Canada: Sony Music Entertainment Canada, Universal Music Canada and Warner Music Canada. Music Canada also works with some of the leading independent record labels and distributors, recording studios, live music venues, concert promoters, managers and artists in the promotion and development of the music cluster. For more on Music Canada, please visit www.musiccanada.com

 

About Bell Media
Bell Media is Canada’s leading content creation company with premier assets in television, radio, out-of-home advertising, and digital media. Bell Media owns 30 local television stations led by CTV, Canada’s highest-rated television network; 30 specialty channels, including TSN and RDS, and four pay TV services, including The Movie Network and Super Écran. Bell Media is also Canada’s largest radio broadcaster, with 215 music channels including 105 licensed radio stations in 54 markets across the country, all part of the iHeartRadio brand and streaming service. Bell Media owns Astral Out of Home with a network of more than 30,000 advertising faces in British Columbia, Alberta, Ontario, Québec, and Nova Scotia. Bell Media also operates more than 200 websites; delivers TV Everywhere with its CraveTV and GO video streaming services; operates multi-channel network Much Digital Studios; produces live theatrical shows via its partnership with Iconic Entertainment Studios; and owns Dome Productions Inc., a multi-platform production company. Bell Media is part of BCE Inc. (TSX, NYSE: BCE), Canada’s largest communications company. For more on Bell Media, please visit www.bellmedia.ca.

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Music Canada calls on the Government of Canada to take steps to address the Value Gap in new, first-of-its-kind report

At its annual general meeting, Playback 2017, Music Canada today released The Value Gap: Its Origins, Impacts and a Made-in-Canada Approach, the first comprehensive collection of information about the Value Gap, and the solutions available to Canadian policy makers.

The Value Gap is defined 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.

“The Value Gap challenges the livelihood and sustainability of an entire global social class, and threatens the future of Canadian culture,” says Graham Henderson, President and CEO of Music Canada. “Our creative industries and the Government of Canada need to come together to acknowledge that the problem facing our creators is real, that the landscape has dramatically changed, and that we need to adapt our rules and regulations before full-time creativity becomes a thing of the past.”

At the heart of the Value Gap for music is misapplied and outdated “safe harbour” provisions in copyright law, which result in creators having to forego copyright royalty payments to which they should be entitled, and amount to a system of subsidies to other industries.

Creators and governments around the world are taking notice, and taking action. The European Commission has pinpointed the Value Gap as the cause of a marketplace that isn’t functioning properly, and acknowledged that a legislative fix is needed. Hundreds of thousands of U.S. music creators have agreed that the safe harbour provisions in the Digital Millennium Copyright Act need to be changed.

In Canada, thousands of musicians, authors, poets, visual artists, playwrights and other members of the creative class, have urged The Honourable Mélanie Joly, Minister of Canadian Heritage, to put creators at the heart of future policy in a campaign called Focus On Creators.

The Value Gap: Its Origins, Impacts and a Made-in-Canada Approach provides important insights into how policy makers can reverse the Value Gap. For instance, the Canadian Copyright Act contains provisions that allow and, in some cases, even encourage the commercialization of creators’ work without the need for proper remuneration, undercutting one of its overarching principles: to ensure that creators receive a just reward for the use of their works.

To address these inequities, the federal government should take the following actions:

  1. Focus on the Effects of Safe Harbour Laws and Exceptions

The Canadian government should, like its international counterparts, review and address safe harbour laws and exceptions, and their subsequent misapplication by some technology companies, as well as the cross-subsidies that have been added to the Copyright Act.

  1. Canada’s Creative Industries are Asking for Meaningful Reforms

During the mandated five-year review of the Copyright Act slated to begin in late 2017, the government should review the Act for instances that allow others to commercialize creative works without properly remunerating artists, and end these cross-subsidies.

  1. Remove the $1.25 Million Radio Royalty Exemption

Since 1997, commercial radio stations have only been required to pay $100 in performance royalties on their first $1.25 million advertising revenue. This exemption should be eliminated. It amounts to a subsidy being paid by artists to large vertically-integrated media companies.

  1. Amend the Definition of Sound Recording

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. The definition should be changed to allow performers and creators of recorded music to collect royalties when music is part of a TV/film soundtrack.

The full report can be downloaded at this link.

 

 

Music Canada demande au gouvernement du Canada de prendre des mesures pour remédier à l’écart de valeur dans un nouveau rapport pas comme les autres

Dans le cadre de son assemblée générale annuelle intitulée Playback 2017, Music Canada a annoncé aujourd’hui le lancement de L’Écart de valeur : ses origines, ses impacts et une démarche faite au Canada, le premier recueil de renseignements exhaustifs sur l’écart de valeur et les solutions qui sont à la portée des décideurs politiques canadiens pour y remédier.

L’écart de valeur se définit comme l’importante disparité qui existe entre la valeur du contenu créatif que les consommateurs consultent et apprécient, et les revenus qui sont réacheminés vers les personnes et les entreprises qui l’ont créé.

« L’écart de valeur menace le gagne-pain et la durabilité de toute une classe sociale à travers le monde et met en péril l’avenir de la culture canadienne », soutient Graham Henderson, président et chef de la direction de Music Canada. « Nos industries créatives et le gouvernement du Canada doivent s’unir pour reconnaître que le problème auquel sont confrontés nos créateurs est bien réel, que le paysage a profondément évolué et que nous devons adapter nos règles et règlements avant que la créativité à temps plein ne devienne chose du passé. »

L’écart de valeur tient essentiellement à l’application erronée de dispositions dépassées de la législation sur le droit d’auteur en matière d’exemptions de responsabilité (les safe harbours de la loi américaine) qui forcent les créateurs à sacrifier des redevances auxquelles ils devraient avoir droit, ce qui revient à un système de subventions accordées à d’autres industries.

Les créateurs et les gouvernements du monde entier réagissent et passent à l’action. La Commission européenne a identifié l’écart de valeur comme étant la cause du dysfonctionnement du marché, et elle a reconnu qu’une correction législative s’impose. Des centaines de milliers de créateurs de musique américains s’entendent pour réclamer la modification des exemptions de responsabilité de la loi américaine sur le droit d’auteur, le Digital Millennium Copyright Act.

Au Canada, des milliers de musiciens, auteurs, poètes, artistes visuels, dramaturges et autres membres de la classe créative ont instamment prié l’honorable Mélanie Joly, ministre du Patrimoine canadien, de mettre les créateurs au cœur de la future politique culturelle dans le cadre d’une campagne nommée Pleins feux sur les créateurs.

L’Écart de valeur : ses origines, ses impacts et une démarche faite au Canada apporte un éclairage important sur les mesures que les décideurs politiques peuvent  prendre pour inverser l’écart de valeur. La Loi sur le droit d’auteur du Canada, par exemple, contient des dispositions qui permettent, et même encouragent dans certains cas, la commercialisation des œuvres des créateurs sans l’obligation de leur accorder une rémunération équitable, ce qui va à l’encontre d’un de ses principes fondamentaux : assurer que les créateurs reçoivent une juste récompense pour l’utilisation de leurs œuvres.

Le gouvernement fédéral devrait prendre les mesures suivantes pour remédier à ces inégalités :

  1. Se concentrer sur les effets des lois et des exceptions en matière d’exemption de responsabilité

À l’instar de ses homologues internationaux, le gouvernement du Canada devrait examiner et réviser les lois et exceptions en matière d’exonération de responsabilité, leur application erronée par certaines entreprises spécialisées dans la technologue et les pratiques d’interfinancement qui ont été ajoutées à la Loi sur le droit d’auteur.

  1. Les industries créatives canadiennes réclament des réformes authentiques

Lors de l’examen quinquennal de la Loi sur le droit d’auteur qui doit débuter à la fin de 2017, le gouvernement devrait étudier l’ensemble des dispositions permettant à des tiers de commercialiser des œuvres créatives sans rémunérer équitablement les artistes, et ce, en plus de mettre fin à l’interfinancement.

  1. Éliminer l’exemption de redevances de 1,25 million $ de la radio commerciale

Depuis 1997, les stations de radio commerciales ne versent qu’une redevance nominale de 100 $ sur la partie de leurs recettes publicitaires annuelles qui ne dépasse pas 1,25 million $. Cette exemption devrait être éliminée. Elle revient à une subvention faite par les artistes à de vastes entreprises médiatiques verticalement intégrées.

  1. Modifier la définition d’« enregistrement sonore »

Dans la Loi sur le droit d’auteur, la musique enregistrée n’est pas reconnue comme étant un « enregistrement sonore » (et n’ouvre donc pas droit à rémunération) lorsqu’elle fait partie de la bande sonore d’une œuvre télévisuelle ou cinématographique. La définition devrait être modifiée pour permettre aux artistes-interprètes et aux créateurs de musique enregistrée de toucher des redevances lorsque leur musique fait partie de la bande sonore d’une œuvre télévisuelle ou cinématographique.

On peut télécharger le rapport intégral à ce lien.

 

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