Leading up to the 47th annual JUNO Awards, Music Canada is highlighting the ways in which our advocacy supports Canadian artists at every stage of their careers. So far, we have profiled our work regarding music education and Music Cities. In this week’s edition, we highlight our advocacy efforts regarding copyright, which is crucial for all artists.
Copyright effectively underpins the entire music ecosystem – it is copyright that allows creators to sell and license their music in today’s wide array of platforms, and it is copyright that protects the investment that artists and labels make in their career. As the Canadian Intellectual Property Office outlines in the video below, copyright allows creators to control how their work is used and allows them to monetize their work when it is used.
Music Canada represents Canada’s recording industry to government and public agencies on many different fronts, including how laws, regulations and policies affect music creators. Federally, copyright advocacy is a big part of that role. In addition, Music Canada plays an important role as a collaborator with artists and other industry organizations in the Canadian music and cultural industries to advocate for the creation of a functioning marketplace where creators are paid fairly every time their work is used. Music Canada is a thought-leader on the importance of strong support for creators in the Copyright Act, particularly in highlighting the real-world effects it has on artists and their livelihoods. Reforming Canada’s Copyright Act to ensure that creators are paid when their work is commercialized by others is our top priority.
Currently, the biggest challenge for the music industry in Canada and around the world is known as the Value Gap. 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.
At the heart of the Value Gap for music is misapplied and outdated “safe harbour” provisions in copyright law, which result in creators having to forego copyright royalty payments to which they should be entitled, and amount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.
Music Canada’s recent report, The Value Gap: Its Origins, Impacts and a Made-in-Canada Approach, examines the Value Gap and its causes, and demonstrates how it impacts artists, businesses and our nation’s cultural foundations, with a particular focus on music. The report includes recommended steps that Canada’s federal government can take today to address the inequities that artists face due to the Value Gap.
In addition to our Value Gap research, Music Canada has been a lead advocate for reforming the Copyright Board. This is another priority for the music sector, as the rates set by the Board directly impact the value of music and the amount that artists and labels receive for their music and investments. Music Canada is calling on the federal government to reform the Board so that tariff rates are set faster, more efficiently and more predictably – all in the name of royalties that better reflect the true value of music in a functioning music marketplace.
As part of Music Canada’s advocacy on Board reform, we have participated in the Senate hearings on the Copyright Board, the government consultation on reforming the Board, and the Standing Committee on Canadian Heritage’s Review of the Canadian Music Industry, each time appearing as a key stakeholder in favour of full and meaningful reforms. Music Canada’s Graham Henderson also raised the issue in a recent Policy Options op-ed, and in a speech before the Economic Club of Canada citing the need for reform of the Copyright Board as a key priority for government.
Next week, as JUNO Week kicks off in Vancouver, we’ll conclude our #EveryStage series by profiling Music Canada’s efforts to celebrate success in Canada’s music sector, including our Gold/Platinum program and partnerships with the JUNOS and other awards that celebrate Canadian music.
Music Canada is pleased to see that the 2018 federal budget, which was tabled yesterday in the House of Commons by Minister of Finance Bill Morneau, further illustrates the Government’s commitment to reforming the Copyright Board of Canada.
Budget 2018 advances the Government’s Intellectual Property Strategy, as well as outlines measures to modernize Canada’s regulatory frameworks. Recognizing the need to promote efficient and predictable regulation within these frameworks, the Budget proposes support for the Government to “pursue a regulatory reform agenda focused on supporting innovation and business investment.” The Budget also correctly states that for “Canadian companies to grow and thrive in the global marketplace, they also need a competitive and predictable business environment that supports investment.”
In the music sector, this is particularly true at the Copyright Board. The rates set by the Board directly impact the value of music, and the ability for creators and labels to commercialize their work and investment. Music Canada has been a lead advocate for reforming the Copyright Board. We participated in both the Senate hearings on the Copyright Board, and the Standing Committee on Canadian Heritage’s Review of the Canadian Music Industry, appearing as a key stakeholder in favour of full and meaningful reforms. Music Canada’s Graham Henderson also raised the issue in a recent Policy Options op-ed, and cited the need for reform of the Copyright Board as a first priority for government to modernize in a speech before the Economic Club of Canada.
“Reforming the Copyright Board of Canada has for years been a top priority for creators and the businesses that support them,” says Music Canada President & CEO Graham Henderson. “Music Canada extends our appreciation to the Government, particularly Ministers Bains and Joly, for taking the next step in modernizing this institution, which is vital for Canada’s cultural industries.”
Budget 2018 is great news for a more timely, efficient, and predictable Copyright Board. We look forward to working with Ministers Navdeep Bains and Mélanie Joly to make this a reality.
Sheeran earned the top spot due to his worldwide success of his album ÷ (Divide) and its multiple hit singles including Shape of You, Castle On The Hill, and Galway Girl. The best-selling album topped the charts in 31 countries and was certified multi-Platinum in 34 markets, including Canada, where it was certified Six Times Platinum. Sheeran also had the world’s best-selling single, as Shape of You topped the charts in 25 countries, and was certified multi-Platinum in 24 markets, including Canada, where it reached Diamond status. That marks the first time that the IFPI Global Recording Artist of the Year has had both the best-selling album and single of the year.
“Being crowned the biggest star in the world, with the biggest song and biggest album, is the result of years of ambition, creativity, and hard work on a global scale,” said Max Lousada, CEO of Recorded Music for Warner Music Group & Chairman and CEO of Warner Music UK. “Ed is truly an incredible songwriter, vocalist and performer, whose ability to tell stories and make people feel is what stands him out from the crowd. He’s always had a totally authentic connection with his fans, something he places over everything else. Congrats also to Stuart Camp, the Atlantic teams in the UK and US, and everyone at Warner who contributed to Ed’s amazing success story.”
Ed Sheeran presented with multiple award plaques for the album and its singles by Warner Music Canada.
“It’s wonderful to be able to announce Ed Sheeran as the IFPI Global Recording Artist 2017,” said IFPI chief executive, Frances Moore. “The success Ed has achieved is astonishing and testament to his ability to write and perform songs that connect with a truly global fanbase.”
Drake, who received the Global Artist Award in 2016, placed second on the chart this year. His mix tape More Life broke streaming records, including most first-day streams for an album on Spotify, and most streams in a 24 hour period on Apple Music. Fellow Canadian The Weeknd placed 7th on the chart this year, climbing up from the 10th position on the chart in 2016. Both Drake and The Weeknd have now placed in the Top 10 on this chart for three consecutive years.
“This year’s Global Top 10 really is a ‘who’s who’ of popular music,” continued Moore. “Each artist has a unique impact on the music industry through the talent and energy they are channelling through their work. I congratulate them all for such a successful year.”
The full Top 10 list, which was counted down by the IFPI on Twitter, is now available below.
What does it take to become a Music City? This question has occupied people on every continent over the last several years since the publication of The Mastering of a Music City by Music Canada. Elected leaders, municipal officials, music community advocates and business leaders from a variety of towns, regions and cities, have been enticed by the idea of a vibrant music economy with its promised economic, social and cultural benefits.
Just the past weekend, over 30 cities sent teams to the Responsible Hospitality Institute’s (RHI) convening on sociable cities where Music Canada’s Executive Vice President, Amy Terrill, was asked to identify the top ten things cities need to develop a Music City.
RHI’s approach to sociable cities builds on a foundation of four key elements: Form an Alliance, Plan for People, Assure Safety and Enhance Vibrancy with music falling into the final category.
Joining an international faculty of thought leaders, Terrill presented the following top 10 list (with a bonus number 11) for cities looking to develop as a Music City.
Driver – there needs to be an individual or organization which has influence in your community that is passionately committed to this effort and is willing to resolutely move it forward. This may be a music organization or a leader in the music community; it may be a politician or the head of a city agency. There will be many others needed to fill out the band, but there must be someone on lead vocals who can command respect and understands both music and municipal politics.
Music Community engagement – it’s important the music community is fully engaged from the beginning of the process. Without their broad support, your program will likely lack authenticity and not succeed. Who will build trust in the music community and help overcome any skepticism about involvement from City Hall? Who will organize the music community around the mission? Who will keep the program rooted in what makes your city’s music scene unique? Furthermore, representation from a broad cross-section of the community is critical to ensuring the program doesn’t become mired in industry politics.
Champions – champions will be needed from many corners – city staff, and leaders of allied agencies like tourism, economic development, downtown business associations, chambers of commerce – people who understand what you’re trying to do and will rally support from their networks. Identify key stakeholders, as they will likely become important influencers and add legitimacy to your policy efforts. We find impassioned music fans in all walks of life and often some of your key stakeholders will fall into this category.
Political leadership – if your driver is not already in the Mayor’s office, then you will need to find a political champion. The support of a Mayor and members of City Council will be necessary when, inevitably, matters come to a vote before them. In addition, political direction is paramount to motivating, or giving city staff the necessary reassurance, to add programs, change the ways things have always been done, or free up scarce city resources.
Catalyst – it certainly helps to have a catalyst. Perhaps it’s a major music event or the opportunity to host one. The annual JUNO Awards (Canada’s version of the Grammy’s) has been an effective catalyst for several host communities. It might also be an election, a public policy consultation or even a crisis. Any one of these things can provide the urgency needed to inspire people to take risks, do things differently and make the investment of time, creativity and resources that’s required.
Validation – tap into best practices from other cities and the active network of advocates, policy makers, artists, municipal leaders which is leading the way in this work. Validation from other cities will make your job a lot easier and can be critical in convincing otherwise skeptical city leaders. It also enables you to identify key factors for success, and ensure that these aspects are incorporated into your own planning process.
Understanding your strengths and weaknesses – measure your city against the essential elements of a Music City defined in The Mastering of a Music City as:
Artists and musicians;
Music ecosystem (professionals and businesses who support artists in their careers);
Spaces and places (education, rehearsal, recording);
Thriving music scene (venue ladder, all ages etc);
Receptive and engaged audience.
You will not have 100% of all of these elements covered when you begin, but you need to know what your strengths and weaknesses are in these fundamental components.
Strategy Development – ultimately you want to develop a music strategy for your community. Common strategies can be found in The Mastering of a Music City but while we can learn from other cities, there is no cookie-cutter approach. Your strategy should be based on the unique aspects of your community. Avoid the tendency to want to be all things to all people, or to try to do everything at once. Begin with short term opportunities that will likely bear fruit quickly. That will provide you with those early wins that will enable you to build momentum and amass allies. But it is also important to identify medium and long-term goals, as these enable you to design your policy and programming with the goal of sustainability.
Clear roles and responsibilities – clarity about who is responsible for such things as strategy implementation and communication is essential for success. You will most likely involve volunteers on committees or advisory boards, as well as paid city staff or agency staff. Ensure all participants are clear from the beginning about their roles. Such things as committee terms of reference, job descriptions, and communication policies can be helpful.
Succession Planning – while a successful program may benefit from the passion or expertise of individuals, in order to ensure longevity, you need to consider succession planning from the start.
Patience – invariably this initiative will take longer to bear fruit than you expected. Bureaucracy can be slow to change; individuals and organizations can be heavily entrenched in doing things a certain way; and, there will be unexpected obstacles that deter you from your path. Be patient and acknowledge each minor achievement along the way.
“It was a privilege to be part of the Sociable City Summit,” says Terrill. “I was particularly impressed by the diversity of city representation with elected officials, city staff, downtown business leaders, law enforcement agencies, universities, venue operators, architects and other professionals coming together for conversations about the nighttime economy.”
The Canadian Academy of Recording Arts and Sciences (CARAS) announced today that London will host the 2019 JUNO Awards, as well as all the JUNO Week events, from March 11 through March 19, 2019. JUNO Week 2019 is supported by the Province of Ontario, the City of London, Tourism London, and the 2019 Host Committee.
“We’re excited to be bringing the 2019 JUNOS to London. This city has seen incredible growth with its music scene and as such, is the perfect platform to celebrate Canadian talent,” said Allan Reid, President & CEO, CARAS/The JUNO Awards and MusiCounts. “We want to thank the Government of Ontario for their support in bringing the JUNOS back to Ontario. We look forward to supporting and showcasing the city’s diverse music scene.”
While this marks the first time that London has hosted Canada’s music awards, the Forest City is well-positioned to deliver strong results as host of the JUNO Awards, thanks to several years of steady progress on music-friendly policies and programs via the London Music Strategy. In recent years, London has hosted an incredibly successful Country Music Week and CCMA Awards; completed its first ever music census;taken steps to modernize noise bylaws for music and dancing on outdoor patios; and hosted its first Music Career Day. In recognition of these efforts, Music Canada presented London’s Music Industry Development Officer, Cory Crossman, and Chris Campbell, Director of Culture and Entertainment Tourism at Tourism London, with our 2017 President’s Award for their incredible commitment to making London a Music City.
“We are thrilled to host the 2019 JUNO Week celebrations here in London. As one of Canada’s emerging cultural scenes we are excited to show the world how culturally rich and diverse London is,” said Chris Campbell. “The JUNO Awards is London’s opportunity to bring artists and music fans to our great city to showcase our hospitality and our growing music scene and we could not be happier to be the 2019 Host City.”
JUNO Week 2019 is expected to drive approximately $10 million in economic impact in London, a figure which is consistent with results in previous host cities. The CARAS release states that since the JUNOS began touring across Canada in 2002, the awards have driven more than $120 million in economic impact.
“Ontario is a key music hub in Canada and North America,” said Daiene Vernile, Ontario’s Minister of Tourism, Culture and Sport. “Our vibrant culture is driven by our exceptional talent and diversity, making Ontario a great fit for hosting the JUNO Awards in 2019. We have a thriving music industry that makes a significant contribution to Ontario’s economy by creating jobs, generating sales and building the province’s profile at an international level. I am thrilled to welcome the JUNOS to London.”
The 48th Annual JUNO Awards will be broadcast live on CBC from Budweiser Gardens, on Sunday, March 17, 2019.
Toronto, Dec 13, 2017: Music Canada applauds today’s announcement by The Honourable Navdeep Bains, Minister of Innovation, Science and Economic Development, in conjunction with The Honourable Mélanie Joly, Minister of Canadian Heritage, regarding the review of the Copyright Act, to be conducted by the Standing Committee on Industry, Science and Technology.
“I applaud Minister Bains and Minister Joly for initiating this review of the Copyright Act,” says Graham Henderson, President and CEO of Music Canada. “Music creators, and all creators who depend on copyright, deserve a Copyright Act that protects their rights when their works are commercialized by others. This is our chance to address the Value Gap threatening the livelihood of Canadian creators and the future of Canadian culture.”
“A modern copyright framework containing strong IP and copyright provisions is essential for an effective marketplace for music creators,” says Artist Advocate Miranda Mulholland. “This Copyright Act review is an important first step in ensuring artists and labels are able to earn a fair market value for their work. Canadian creators have been eagerly awaiting this review.”
Music Canada looks forward to participating in the process to ensure that creators are fairly compensated for the use of their works under the revised Act.
Adds Henderson, “We must ensure this review yields meaningful results.”
For more information: Corey Poole, Music Canada
+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. For more on Music Canada, please visit www.musiccanada.com
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:
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.”
Thanks for coming everyone! Now, let’s get to work. Government was required to appoint or designate a committee two weeks ago. This did not happen. Creators are in crisis. That was @miramulholland’s message. Let’s act with urgency. https://t.co/KkTJ3pURDo
From where Team GDW sits, this is a huge point – we all benefit from a vibrant, diverse, talented creative community that's not determined solely by their ability to make huge amounts of money and create the biggest media splash. https://t.co/CK6BNseSK2
“Music unites us, bridges linguistic, cultural and income divides. Music heals. It connects. It provides a soundtrack to our greatest struggles and our highest triumphs.
Since the arrival of the digital age, music is more readily created, released and shared. It is available at our fingertips and it’s reaching more people than ever before.
With music’s intrinsic value in our lives and this new accessibility, one would expect that the people who create this unifying force would be thriving. There is a widely held perception that the advent of the digital revolution has enhanced how music is created, money is made and creators’ lives are lived. There is a perception of a level playing field. But it’s time for a reality check.
Join Artist and Entrepreneur, Miranda Mulholland as she talks about the creative process, reveals actual numbers, discusses how creators are faring in this new landscape and suggests a way forward.”
Following Mulholland’s speech, a panel of creators and representatives from various cultural industries will discuss how the digital marketplace has affected their industry and their own careers. The panel will include:
Alan Frew – Songwriter, Public Speaker & Author
Ari Posner – Film & Television Composer
Roanie Levy – President & CEO, Access Copyright
This will be the second time Mulholland addresses the Economic Club, following her speech in Toronto in May 2017. Her powerful and honest speech resonated with the crowd, earning her a standing ovation and social media praise by many of the artists in the room. That speech was covered by the Globe and Mail’s Kate Taylor, in an insightful column titled “What happens when we starve our artists.”
The City of Ottawa made a significant commitment to the city’s burgeoning Music Strategy today, as Mayor Jim Watson unveiled Ottawa’s Draft Budget 2018 at City Council. The draft budget earmarks $100,000 to support the Ottawa Music Strategy.
The Ottawa Music Strategy was announced last March, and is part of the legacy of Ottawa’s hosting of the 2017 JUNO Awards. The Strategy is being developed by the City of Ottawa and the Ottawa Music Industry Coalition (OMIC), with the goal of making the nation’s capital one of the world’s premier music cities. OMIC has already assembled a group of music industry representatives and local business and community leaders, known as the Ottawa Music Strategy Task Force, to develop a series of practical recommendations for the Strategy.
The announcement was applauded on Twitter by OMIC, Ottawa Councillor Jeff Leiper, and Music Canada Live.
We’re also very happy to hear there will be the financial support needed to follow through on the strategy and grow the local industry! Thank you for your support Mayor @JimWatsonOttawa! https://t.co/5SVLnhGVgl