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The Rambler by Graham Henderson: Thoughts on Minister Melanie Joly’s speech to the Economic Club of Canada

Graham_headphones3Blog ThumbnailThe Rambler is a column by Graham Henderson, President of Music Canada. Graham writes from time to time about developments in the music industry, new trends or just about music! Let’s face it, Graham has been around for a long time and has a lot to ramble on about.

This article was originally published on www.grahamhenderson.ca

On 9 June 2016, Minister of Heritage, Melanie Joly addressed the Economic Club of Canada on the topic of “Canada’s Culture Dividend: The Creative Sector As Economic Driver.”  I believe this was her first public, policy-oriented speech and it is significant that she chose the Economic Club as the venue.  As a sponsor of the event, Music Canada was afforded a podium opportunity to thank the Minister and reflect on her remarks.  Before we get to what I said then, I will draw attention to a few important aspects of her speech. Unfortunately, and for reasons I do not understand, this important speech has not yet been published by the Minister’s office, so I cannot link to it.  An official request has been made by Music Canada.

MJ

The Minister put on a bravura display which showcased an extraordinary grasp of a complex topic.  Clearly much thought had gone into what she said.  She was conversant with all of the facts and figures and conveyed the important message that culture is big business in Canada.  She noted that government support for the arts should not just be about funding – that funding was only part of the answer.  She bluntly stated that cultural policy in Canada needed a “new toolbox.” and pledged to create it.  This is one of the most prescient and important undertakings that any Heritage Minister in memory has made, and with a mandated review of the Copyright Act coming in 2017, it will be very interesting to see how the Minister intends to put her words into meaningful action.

There was one interesting moment in the event that actually took place during my remarks.  I was in the process of discussing the music industries transition from an analogue to digital economy. I had pointed out the extent to which we had embraced this evolution but then remarked that the Government needed to work together with the creative community “to ensure one critical result: appropriate remuneration of artists for their work.” This drew a veritable storm of sustained applause that even surprised me – I hope this is something the Minister and her staff noticed.

For all of the positives in her speech, there were some very surprisingly sour notes. The entire literary world was completely ignored; a fact that drew a measured but forceful rebuke from a member of the audience during the question and answer period. A question from a member of the fashion industry about whether or not the Minister considered fashion design to be a part of Canada’s cultural mosaic was met with what amounted to a flat out “no”. It is hard to understand why, say, videos games are considered to be “cultural” products but fashion designs are not. A question about just how substantive the government intended its mandated 2017 copyright review to be was met with a surprisingly inchoate response.  I would have thought that a Minister of a government in search of a new “toolbox” would have responded to that question with an emphatic “We intend our review to be VERY substantive.”

Overall it was a very satisfying speech which introduced the cultural community to a Minister with vision and passion who clearly desires to cast herself in the role of a champion.

Now, as to my speech, I spoke extemporaneously from bullet points and notes scribbled during the Minister’s speech.  What follows is the transcribed text of my remarks with a few amendments to clarify grammar!


I’m Graham Henderson. I’m from Music Canada, and it’s my honour to thank the Minister and offer some brief thoughts on her remarks.  I guess if I had been asked to do a formal review, I could do it in one word: “wow.” Minister Joly, you managed in a very short period of time to demonstrate your grasp of the importance of the cultural industries to our economy. I won’t go into all of the economic details – we are all familiar with them: for example the fact that culture represents 3% of our GDP. This amounts to a 55 billion dollar contribution to our nation’s GDP each year.  But beyond this, thanks to pioneering work being done by Music Canada, we now understand that culture’s contribution to our society is so much more complex.  Music for example has an enormous impact on the quality of life in our communities. And, as you recognize, government contributions to this sector represent an investment, and not just a financial outlay – there is an enormous return on that investment.  Additionally, as you have observed, culture is a key component of “Brand Canada.” In many respects culture is a gift to the people of Canada, and we are not doing enough to incorporate it into Brand Canada, and celebrate it around the world.

I was also very, very pleased to hear your call for more investment from business in the cultural sector. Also I was pleased by your references to and emphasis on the humanities.  The humanities underpin everything that we do, and actually, are under threat here and around the world. As you probably know, Republican governors across the United States are calling for the removal of state funding for students seeking an education in the humanities. Here in Canada the last Government financially supported an excellent STEM initiative called “Let’s Talk Science.” Well, in response to the comment that you made about the importance of the humanities, perhaps your government could introduce a program called “Let’s Talk Humanities;” a program geared to interest our young people in an education in that sector and turn STEM into STEAM!

This year is a good year for music. It’s the first year in almost two decades that there has been an uptick in our revenue picture. Global growth is up three percent. Music consumption is exploding, particularly through the streaming services. This is great news and it reflects an industry that is adapting to the rapid transformation of technology.  However, it requires us to continue to work together to ensure one critical result: appropriate remuneration of artists for their work.

I think everyone in this room looks forward to working with you in the coming months on the legislative review of the Copyright Act. This must not be a pro forma review. This needs to be meaningful. We have fourteen years of experience to guide us.

Now, in concluding, I am going to do something I always try to do whenever I’m speaking in public! I try to work in some of the ideas of my favourite poet, Percy Bysshe Shelley, which I’m going to do now. In this case, given some of the things the Minister has said, I think it’s exceedingly appropriate.

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Sketch of Shelley drawn by Edward Ellerker Williams. 1821-22. In my view the only extant image that captures the man.

Shelley wrote a defence of creativity almost two hundred years ago to which he gave the title “A Defence of Poetry.” When Shelley wrote this, he was responding to a pointed attack on poetry itself, but I like think of the essay as a defense of creativity in general.  In it, Shelley lists some of the important contributions of science and economics, but he then goes on to say,

“…it exceeds all imagination to conceive what would have been the moral condition of the world if neither Dante, Petrarch, Boccaccio, Chaucer, Shakespeare, Calderon, Lord Bacon, nor Milton, had ever existed; if Raphael and Michael Angelo had never been born.”

And this feeds in directly to his conclusions.  Shelley writes:

“Poets are the hierophants of an unapprehended inspiration; the mirrors of the gigantic shadows which futurity casts upon the present; the words which express what they understand not; the trumpets which sing to battle, and feel not what they inspire; the influence which is moved not, but moves. Poets are the unacknowledged legislators of the world.”

When Shelley speaks of “poets,” I believe here he means creators; and when he says they are legislators, he doesn’t mean they’re lawyers, he doesn’t mean they’re necessarily politicians. What I think he is saying is that creators predict our future, they underpin our future, and they create a framework for our future. And this is why I am excited about what Minister Joly has said.  The Minister intuitively understands this. The Minister sees that creators are deserving of our respect and protection.  I am so glad to see that we actually have with us an elected legislator who sees that it is our poets who are the true legislators of the world.

Thank you.

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Sylvie Forbin appointed as Deputy Director General, Copyright and Creative Industries Sector at WIPO

Sylvie Forbin has been appointed Deputy Director General, Copyright and Creative Industries Sector at the World Intellectual Property Organization (WIPO) by Director General Francis Gurry.

WIPO received a total of 301 applications for the position, and just over a quarter were submitted by women candidates. Applications also varied geographically, coming from candidates in Africa, Asia and the Pacific, Europe, Latin America and the Caribbean, the Middle East, and North America.

According to a WIPO release, six candidates were invited for a one-day in-depth interview and assessment, and all six candidates also met with Director General Francis Gurry to evaluate their technical expertise in March of 2016.

The term of office for Sylvie Forbin is proposed to begin September 18, 2016, and expire September 30, 2020.

Ms. Forbin is a national of France, and brings extensive experience in copyright, especially music copyright, having served as the General Manager of Eureka Audiovisual in Brussels, and most recently as Senior Vice President for Public and European Affairs at VIVENDI in Paris. She is also a veteran diplomat with experience as Vice Cultural Counsellor at the French Embassy in Rome, Counsellor at the Permanent Representation of France to the European Union and Head of Communications and Press Services at the French Embassy in Beijing.

Music Canada would like to congratulate Sylvie Forbin on her appointment, and wish her success in this important role.

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The Chainsmokers presented with Double Platinum awards at VELD Music Festival

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American DJ duo The Chainsmokers were presented with Canadian award plaques this weekend prior to their massive set at Toronto’s VELD Music Festival. The unique custom plaques commemorate the Double Platinum certifications of the summer anthems “Roses (ft. Rozes),” and “Don’t Let Me Down (ft. Daya).”

The duo shared the news with their fans via Twitter, thanking Sony Music Canada for their efforts. The duo also thanked their Canadian fans for their energy during their performance with a unique video that provides a glimpse at their view from the VELD main stage.

The Chainsmokers will return to Canada this weekend for a performance at Montreal’s ÎleSoniq festival on Friday, August 5, before continuing on an international tour for the remainder of 2016.

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Music Canada voted onto IFPI’s Main Board

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Graham Henderson, President & CEO of Music Canada

Graham Henderson, President & CEO of Music Canada, has been voted onto the Main Board of IFPI, the organization that represents the recording industry worldwide. This marks the first time a representative from Canada has held a position on the Main Board. In addition, Music Canada now has a seat on IFPI’s ILC (International Legal Committee), a group of leading legal experts from IFPI and its member organizations.

IFPI (International Federation for the Phonographic Industry) represents the interests of the recording industry worldwide. IFPI’s mission is to promote the value of recorded music, campaign for record producer rights and expand the commercial uses of recorded music in all its member markets. Its membership comprises around 1,300 major and independent music companies in 62 countries.

The Main Board provides direction and guidance from leading global organizations, markets and music companies to steer IFPI’s priorities. Currently, the Main Board is comprised of representatives from major and independent labels, as well as regional and national trade associations.

“I am honoured that Music Canada will have the opportunity to represent Canada’s music labels on an international level,” says Graham Henderson. “As the music industry continues to adapt alongside new technology, I am proud that Music Canada will be able to collaborate with international colleagues on issues of crucial importance to artists and rights holders worldwide.”

According to Canada’s Department of Heritage, Canada is the third largest exporter of musical talent in the world.

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Creative BC launches Sound Recording Pilot Program

The first program of the $15 million, provincially supported, BC Music Fund, has officially launched. The Sound Recording Pilot Program is designed to support long term sustainability of British Columbia’s sound recording industry, and to help support BC studios in attracting Canadian and international business.

Administration of the BC Music Fund is being carried out by Creative BC, who will announce additional programs on October 18, 2016, to compliment the four streams the Fund aims to support and promote. Those streams are music company development, live music performance, distant location tour/export market development, and industry development. To date, no grants have been distributed.

“British Columbia has become a hub for creation and innovation, and we are proud of the musical talent and technical expertise we have in our province,” said Shirley Bond, Minister of Jobs, Tourism and Skills Training in a release. “Creative BC’s Sound Recording Pilot Program, funded as part of the BC Music Fund, will help increase sound recording activity in our province, and encourage more artists to produce their work here in British Columbia.”

The sound recording program will aid record labels, or other eligible applicants, by allowing them to recuperate 50% of expenditures associated with recording activities up to a maximum of $75,000. Eligible sound recording projects must have a budget of $3,000 or higher.

The Sound Recording Pilot Program has a total budget of $500,000, and applications will be evaluated on a first come, first served basis until the budget is fully committed, or until November 30, 2016. At that point, Creative BC will reassess the structure of the program.

Creative BC is holding information sessions on the program on August 10 and August 11. Interested applicants are invited to attend the sessions in Vancouver to learn more about the application process and the BC Music Fund. Transcripts of the sessions will be made available on Creative BC’s website for those unable to attend.

Interested parties are also invited to provide feedback though the BC Music Fund Pilot Program Survey. The survey will help Creative BC assess the program’s overall benefit to the community, and provide insights for the development of additional future programs to support the BC music sector.

Creative BC has also set up a BC Music Fund mailing list to keep the industry informed with news about the fund’s progress and additional programs.

The BC Music Fund was announced by Premier Christy Clark last February, during a release event for Music Canada’s report BC’s Music Sector – From Adversity to Opportunity. The report encouraged decisive action from the provincial government, municipalities and stakeholders to put BC’s music sector firmly back on the map and secure the benefits it can generate, and it is very encouraging to see that action take shape with the launch of the Sound Recording Pilot Program.

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Music Canada’s Amy Terrill discusses the recent isoHunt settlement on Roundhouse radio

Music Canada’s Executive Vice President, Amy Terrill, appeared on Vancouver’s Roundhouse radio 98.3 to discuss the recent settlement reached between isoHunt and Canadian and international music companies. This settlement ends litigation originally filed in 2010, and isoHunt has agreed to a court order finding them liable for infringing the rights of music companies in their recordings.

The discussion begins at the 31:25 mark. Listen here: http://cirh.streamon.fm/listen-pl-4015

For music fans and consumers, this settlement is a step forward towards a thriving legitimate online music marketplace. For those who build businesses by enabling copyright infringement, this settlement sends a message that they will face legal consequences for their actions.

Amy affirmed that the industry must remain vigilant on the legal side, but she stressed the need to work very closely with all of the legal services that are providing fantastic options for consumers. Canada is home to a vast array of legal digital services that support artists and labels.

In addition to the isoHunt settlement, Amy discussed the evolving forms of music piracy like stream-ripping, and how internet service providers can help combat copyright infringement. She also touched on copyright modernization, and the upcoming review of Canadian copyright laws in 2017.

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Canadian music companies successfully settle legal action against isoHunt

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FOR IMMEDIATE RELEASE

Vancouver, 25 July 2016:  Canadian and international music companies have settled litigation against isoHunt Web Technologies Inc. (“isoHunt”) and its founder Gary Fung (“Fung”) with the entering of orders by consent against isoHunt and Fung.  The settlement ends a lawsuit filed in 2010 alleging substantial copyright infringement of music on the isoHunt site, as well as an opposing action filed by isoHunt and Fung.

isoHunt and Fung agreed to a court order finding them liable for infringing the music companies’ rights in their recordings, which were made available for BitTorrent file-sharing through isoHunt’s websites. Fung and isoHunt further agreed not to be associated with any service that makes the music companies’ recordings available without authorization, including by BitTorrent or any other file-sharing technology.

“Music companies in Canada stand shoulder-to-shoulder in the fight against illegitimate sites that distribute massive volumes of creative works without compensation to creators,” said Graham Henderson, President & CEO of Music Canada. “Thousands of Canadian creators, our creative industries, and their employees are directly harmed by these activities. This settlement is a step forward towards providing consumers with a marketplace in which legitimate online music services can thrive.”

isoHunt was one of the largest unauthorized BitTorrent sites in the world, offering access to a vast array of music and films for instant download by millions of users. It operated out of Vancouver with worldwide reach.

“Courts all over the world have confirmed that websites such as isoHunt infringe rights”, said Frances Moore, Chief Executive Officer of IFPI. “Artists, creators and record companies pay a heavy price for that infringement, in lost revenues, lost jobs and lost investment. This settlement sends a strong message that anyone who builds a business by encouraging and enabling copyright infringement faces legal consequences for these actions.”

A timeline of legal activities involving isoHunt:

  • 2008 – isoHunt files a petition in British Columbia Supreme Court against Canadian music companies, seeking to have its BitTorrent file-sharing site declared legal under the Canadian Copyright Act;
  • 2009 – The British Columbia Supreme Court rejects isoHunt’s application, and grants the Canadian music companies’ application to have the petition proceed by way of an action or full trial. isoHunt files such an action;
  • 2009 – A US federal district court finds isoHunt liable for copyright infringement in a case brought by the Motion Picture Association of America (MPAA), citing unchallenged evidence that 95% of the files traded through isoHunt’s sites were likely infringing;
  • 2010 – Two dozen Canadian and international music companies file a lawsuit against isoHunt and Fung in British Columbia Supreme Court, alleging massive copyright infringement and seeking damages;
  • 2012 – The Canadian government passes The Copyright Modernization Act (Bill C-11), which ensures that businesses that enable infringement can be held liable for the activities they facilitate. In public statements, government representatives identify isoHunt as the type of “enabler” that the law is intended to target;
  • 2013 – A US federal court of appeals unanimously upholds the US district court’s decision;
  • 2013 – isoHunt and Fung agree to halt all operations worldwide and are deemed liable for a judgment of US$110 million in the US proceedings;
  • 2016 – by way of a consent order filed in the Canadian proceedings in British Columbia Supreme Court, isoHunt and Fung are liable for CAD$55 million in damages and an additional CAD$10 million in punitive damages.  isoHunt and Fung further agree not to be associated with any service that makes the music companies’ recordings available without authorization.

Despite these successful legal actions, piracy remains a significant problem for the music industry. IFPI estimates that 20 per cent of all fixed line internet users worldwide regularly access services offering infringing music. A recent report by the Digital Citizens Alliance demonstrates that one in three piracy sites contains malware, which could result in identity theft, stolen banking information, or exposure to hackers.

̶   Ends  ̶

For more information:

Quentin Burgess, Music Canada

qburgess@musiccanada.com

+1 (416) 967-7272 x106

 

Adrian Strain, Director of Communications, IFPI

adrian.strain@ifpi.org

+44 (0)20 7878 7935

 

 

Notes for editors:

About Music Canada

Music Canada is a non-profit trade organization that represents the major record companies in Canada, namely 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.

About IFPI

IFPI is the organisation that promotes the interests of the international recording industry worldwide. Its membership comprises some 1,300 major and independent companies in 61 countries. It also has affiliated industry associations in 57 countries.  IFPI’s mission is to promote the value of recorded music, campaign for record producer rights and expand the commercial uses of recorded music in all its member markets.

 

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London City Council to consider two motions aimed at making the Forest City more music-friendly

Next week, City Council in London, Ontario, will consider two motions aimed at encouraging more music in the downtown core. The motions support the development of the London Music Strategy, which was unanimously supported by Council in 2014 with the goal of building London as a live music city and music tourist attraction. The Strategy has made major strides in recent years with the hiring of Cory Crossman, London’s first Music Industry Development Officer, and the subsequent launch of the London Music Office. The Office recently launched the London Music Census, which will assess London’s music assets as well as barriers to growth.

The first music motion before council would allow a temporary exemption of a by-law contained in the City of London Special Events and Procedures – Section 13, which states that amplified music cannot go later than 11pm, with a 15 minute grace period. The motion, put forward by Tourism London, asks Council to allow shows on September 8, 9, and 10, to go later than 11pm but no later than 1am. This would permit outdoor events during Country Music Week and the Canadian Country Music Association Awards, which London will host for the first time this fall. The pair of events are expected to directly benefit the local economy with the booking of approximately 2,000 hotel room nights and an anticipated economic impact of $6-8 million dollars. The motion was supported by London’s Community and Protective Services Committee on July 18th.

The second music motion before council is File Z-8625, a pilot project which temporarily amends Zoning By-law Z-1 to permit amplified music and dancing on existing patios in the Downtown Business Improvement Area and the Old East Village. The temporary amendment would run from August 1 to September 30, 2016. The motion was brought forward by the London Music Office, via the Culture Office, and was supported by the London Planning and Environment Committee last month.

“London is a diverse and eclectic music community that houses many great venues. Current by-law restricts amplified entertainment on commercial patios whether that is a radio, TV or musician singing,” said Cory Crossman, London’s Music Industry Development Officer. “To best serve the community, the Music Office wishes to launch a pilot project focused on establishing best practices to work forward from. This project is temporary and focused on creating practical solutions for amplified music on patios at restaurants, bars and dedicated venues.”

Music Canada research has shown that seemingly minor adjustments to municipal policies can paid major dividends in the growth of a city’s music scene. The Mastering of a Music City, which identifies best practices for growing a city’s music scene, cites an example from the State of New South Wales, which eliminated a special license needed by venues to host live music in 2009. Music-friendly policies allow music and culture to flourish in downtown areas. Creating a vibrant music scene not only brings economic benefits in the form of business activity and tourism, it adds a ‘cool’ factor to a city that can accelerate other benefits such as attracting and retaining investment and talent. For example, Montreal has invested heavily in its cultural district, the Quartier des Spectacles, which hosts over 30 venues and even more festivals, which, according to officials with the city of Montreal’s cultural office, has increased the quality of life for those living and working there.

The two motions before Council are indicative of the continued growth of the London Music Strategy, and a sign that the London Music Office, Tourism London, and the London Arts Council are committed ensuring the Forest City is a music-friendly city.

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Polaris Prize reveals 2016 Short List nominees

This morning, the Polaris Music Prize, which honours the year’s best Canadian album, revealed the 2016 Short List nominees. The list includes:

Black Mountain – IV

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Basia Bulat – Good Advice

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Grimes – Art Angels

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Carly Rae Jepsen – E•MO•TION

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Kaytranada – 99.9%

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Jessy Lanza – Oh No

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PUP – The Dream Is Over

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Andy Shauf – The Party

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U.S. Girls – Half Free

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White Lung – Paradise

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The winner will be determined at the Polaris Gala, happening September 19, 2016 at The Carlu in Toronto. The gala, which will be livestreamed via CBC Music’s Facebook page and YouTube channel, will be hosted by Tom Power, CBC Radio 2 Morning host and Polaris jurist, and Amanda Parris, host of CBC Radio 2’s Marvin’s Room and CBC’s Exhibitionists.

The winning artist will receive a $50,000 cash prize, while the nine other Short List artists will receive $3,000 courtesy of Slaight Music.

The Polaris jury consists of journalists, broadcasters, bloggers and programmers from across Canada, and the winning album is based solely on artistic merit, without consideration of genre or record sales. The prize’s past winners are Buffy Sainte-Marie (2015), Tanya Tagaq (2014), Godspeed You! Black Emperor (2013), Feist (2012), Arcade Fire (2011), Karkwa (2010), Fucked Up (2009), Caribou (2008), Patrick Watson (2007), and Final Fantasy / Owen Pallett (2006).

 

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Canadian Country Music Association announces 2016 CCMA Award nominees

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Today, the Canadian Country Music Association revealed the nominees for the 2016 CCMA Awards, taking place in London, Ontario. 34 CCMA Award categories were revealed, with 8 of the categories being presented during the live CBC broadcast on Sunday, September 11, 2016, hosted by Jessi Cruickshank.

The nominees for the 2016 CCMA Fans’ Choice Award were revealed last night on ET Canada, featuring artists Dean Broady, Brett Kissel, Johnny Reid, Dallas Smith, and Yoan. Fans can vote beginning today, and have until 5 PM on September 11 to cast their vote.

2016 also marks the 40th anniversary of the Canadian Country Music Association bringing Country Music Week across the country. Along with the CCMA Awards, London will also host an industry conference and music festival, which includes a Songwriters’ Series, talent showcases, FanFest, and Legends Show that pays tribute to Canada’s most cherished country artists.

Country Music Week and the 2016 CCMA Awards are expected to generate an economic impact of $6-$8 million dollars for London. In 2015, Halifax, NS, exceeded economic impact estimates, generating $11.8 million in economic activity for the province, and $5.5 million in new money (GDP).

Performers for the broadcast will be announced throughout August. For more information, visit the full CCMA release.

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