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Guest blog: Fairness in the Fishbowl – Reconsider the Copyright Board Ruling on Tariff 8

The following is a guest blog by Greg Nisbet, Founder & CEO of Toronto-based digital music company Mediazoic:

Made-in-Toronto music biz legend Bob Ezrin recently wrote about the Copyright Board ruling on Tariff 8, speculating that it may be “The Day The Music Died”. In the piece, he states the following:

Perhaps the worst result of the low rate is that we will be granting a 90% discount to American streaming companies that covet our market and will eagerly sweep in here with powerful and well-funded systems that will wipe out any Canadian-owned competition – all at the expense of the creators you have historically supported with thoughtful policy.

I run a 100% Canadian music streaming company and I agree with Mr. Ezrin. The ruling was a bad idea and the rates are too low.

It may at first seem counter-intuitive that a streaming company would advocate for paying higher costs to do business, in a business that is already notoriously expensive. Indeed, I was asked in a recent Globe & Mail article if music streaming companies will ever make money.

Well, I don’t know about other companies, but I am proud to be able to claim that ours has been built without any of the digital and entertainment grants available, and, not having had access to those deep wells of venture capital available to many of the international streaming companies, we have therefore managed any progress we’ve made through our own devices.

In our first couple years in business, that lack of funding was actually by choice 😉 People in the industry told me for years that Mediazoic was the ultimate grant magnet – Canadian, digital, music, and media all rolled into one. I used to respond that I didn’t think we could consider ourselves a viable business model unless and until the market had decided our fate. We were going to focus on getting clients, not writing grants.

Then one day we lost a huge deal to a very well-funded international service because, in order to enter our market, they were willing to do for free what I’d have actually had to pay my people to do. I understood immediately the frustration of the local merchant with the big box store opening next door (and yes, we started applying for all the grants we could!)

So yes, Bob Ezrin has a point, but mine is not an argument for protection of companies like mine up against better-funded international competitors. I still think having to stand on our own two feet helps us understand how to build something valuable and sustainable.

My concern with the Copyright Board ruling is that it will foist this “big box” model on our music creators as well. The price-driven “big box stores” (streaming companies) are set up to thrive, but their “suppliers” (artists, management, labels, etc.) are not. And listeners may think they’re better off, but when the creators suffer, it is ultimately music fans who suffer.

It would have been one thing if licensors, who have a deep understanding of the business/culture balance and of Canadian/international ownership complexities, had decided the timing and nature of a change in rates. As we all know, streaming even at low rates is still preferable to file sharing, or streaming from sources that don’t report their plays. The progress that has been made in monetizing convenient access to great music is not something likely to reverse, and in spite of the whipping-boy status earned during the piracy wars, I haven’t found anyone in the business who understands that better than label folks.

And yes, streaming companies do need an environment in which to make a profit. But rather than push for lower rates, my company chose to innovate the business model. Basically, we believe the success of each project we undertake is based on three parties – us for providing the platform, the rightsholders of the music played on our system, and our station hosts (clients) for getting it out there. As such, when planning and implementing a project, we always strive for a fair and transparent split of the revenue between the parties. This isn’t just because we’re nice and we love music – we believe that in the music business of the future, the most successful companies will be the most fair and transparent.

Indeed, we hear repeatedly that one of the main reasons our clients choose to do business with us is that they want to support a flourishing arts community, even more so if that has built-in support for Canadian artists and companies.

We live in a fishbowl. Fairness may be desirable now for organizations, but it is rapidly becoming necessary. Systems that are not based on fairness are doomed to fail, as they will not bear the ever-increasing scrutiny that comes with our interconnected world.

Simply put, the Copyright Board ruling is not fair. It is my hope that the artistic community will use every means at its disposal to support the many innovative new ways of delivering music that actually focus on giving artists a fair shake.

 

Greg Nisbet

Mediazoic…Radio, Evolved

gregn [at] mediazoic [dot] com

http://www.mediazoic.com

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National Live Music Association Launches with Naming of Executive Director

Music Canada Live, a new national association that will represent members of the live music community, has announced that Erin Benjamin will become its first Executive Director.

Ms. Benjamin, formerly the Executive Director of both the Canadian Arts Presenting Association (CAPACOA) and the Ontario Council of Folk Festivals (now known as Folk Music Ontario), has spent the past 14 years of her career working on behalf of the presenting and touring sector. “It’s incredibly exciting to be a part of the emergence of a new organization at a time when governments and audiences alike are deepening their awareness of the value, impact and role of live music in and on our communities.  I look forward to working in partnership with colleagues from across the country, to shine the spotlight on the live sector – here at home, and around the world”.

Music Canada Live is a newly incorporated trade association that will represent business members engaged in the live music industry in Canada (ie. venues, promoters, festivals, agents, award shows, ticketing suppliers).  It has been formed with seed funding from its founding members, and with the support of the Government of Ontario’s Music Fund.

“Hundreds of businesses and non-profit corporations are operating across Canada in the live music sector, employing thousands of people, and yet, unlike other segments of the music industry, there is no national association devoted to representing the interests of this large and diverse group,” says Benjamin.  “With many issues affecting the live music industry specifically, including, immigration, licensing and funding, Music Canada Live will provide a forum for identifying solutions and advocating on behalf of the industry.”

Music Canada Live is in the formative stages but will seek to attract general members and additional founding members and directors from across the country, big and small, for profit and not-for-profit.  In addition to advocacy, through networking events and communications, it will provide greater opportunities for partnership and collaboration among its members.

 

Founding Members:

The Agency Group

Budweiser Gardens

Canadian Music Week

Collective Concerts

The Corporation of Massey Hall and Roy Thomson Hall

Evenko

Live Nation

NXNE

Music Canada

Ticketmaster

The Union Ltd. (Union Events)

 

Erin Benjamin will assume her new responsibilities on Monday, November 10, 2014.  A limited number of opportunities exist to join the Founding Members who will be responsible for developing the strategic plan, membership structure, and the organizational priorities for its launch.  For further information on becoming a Founding Member or for general information, please contact info@musiccanadalive.ca.

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Sweden’s Tove Lo Receives Platinum Award For Single “Habits”

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Following her headlining concert at Toronto, ON’s Phoenix Concert Theatre, Universal Music Canada recording artist Tove Lo was presented with a Canadian Platinum award plaque for her track “Habits (Stay High)” off her 2014 debut album Queen Of The Clouds. The Swedish singer took her to Instagram to thank the crowd for an amazing show and break the news of the Platinum certification.

Watch the video for “Habits” below:

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Chromeo Presented With Gold Plaques For Summer Hit “Jealous (I Ain’t With It)”

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After a busy summer touring the globe in support of their album 2014 White Women, Montreal, QC’s Chromeo paid a visit to Last Gang Records‘ Toronto headquarters where they were surprised with Gold and Platinum award plaques for their smash single “Jealous (I Ain’t With It)”. The awards were the first ever for the “funks lords”, who were in Toronto for a highly anticipated concert at the Kool Haus.

Check out the video for “Jealous” below:

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Bob Ezrin: “Please don’t let this be the day the music died”

Esteemed Canadian music producer Bob Ezrin has published the following op-ed on the Copyright Board of Canada’s Tariff 8 decision in this week’s edition of The Hill Times.

REPRINTED WITH PERMISSION FROM THE HILL TIMES, SEPT. 22, 2014

Please don’t let this be the day the music died

By BOB EZRIN
Published: Monday, 09/22/2014 12:00 am EDT

TORONTOIt’s always been a mixed blessing to live next to the economic and cultural behemoth to our south. On one hand, we have access to the world’s largest market, while still enjoying the more liberal and enlightened Canadian life. On the other hand, they can easily overwhelm us with sheer bulk and easy access to our market.

One of Canada’s most valuable resources—and most profitable exports—is our culture. Per capita, we may be the world’s largest exporter of culture and talent. This has been made possible by the wise decisions of our hard-working parents and by forward-thinking government policy to support the arts in schools and in the marketplace and to provide developmental resources to Canada’s creative class.

We’ve grown successive generations of creators who are the equal to any of their global counterparts. And we have a vibrant national cultural industry.

Historically we’ve ensured that our creators are not just “sponsored” as they grow, but able to earn a sustainable livelihood. But now we face a major sea of change in the marketplace that begins with Canadian music and will ultimately swamp Canadian television, film, and even literature.

It is clear that in the future most music will be consumed through digital streaming services, offering low-cost “all you can eat” subscription plans in place of selling “à la carte” songs or albums. This will become true for television and film as well.

Streaming services want rights holders to believe that, with universal penetration, we will earn much more than we used to collect selling our creations. The reality is quite different. Historically, huge global hit songs would generate millions and fund the industry’s investment in tomorrow’s hit-makers—our R&D.  Today, in the streaming model, the return is a fraction of that.

And in Canada, we are beginning to set rates that are dramatically less than that.

Today, a massive hit streamed 100,000,000 times on  “non- or semi-interactive” services in most developed countries earns performers and their record labels between $130,000 and $220,000. Under the tariff set by our Copyright Board earlier this year, 100,000,000 listens in Canada—a near impossibility given our size—would generate a whopping $10,200. That is less than 10 per cent of what is paid in most other major markets—and roughly 10 per cent of what our industry had already negotiated in direct deals with the streaming services here! And the amount paid to Canadian songwriters and publishers is a similar pittance.

I know that the board operates with the best of intentions, but I am afraid in the case of Tariff 8 it has miscalculated what this industry needs, and Canadian music creators will suffer the consequences.

In short, if the Copyright Board’s inadvertent devaluation of our music is widely adopted and spreads to other rights, we’re dead. Our homegrown Canadian music industry cannot survive this. We will shrivel and die. And when we shrink, it will affect all the workers who support us, from graphic artists to marketing people to truck drivers to hotel workers to stagehands and software engineers—because many of us will simply no longer be able to afford to be creators and marketers of music, or to put our shows on the road.

Perhaps the worst result of the low rate is that we will be granting a 90 per cent discount to American streaming companies that covet our market and will eagerly sweep in here with powerful and well-funded systems that will wipe out any Canadian-owned competition—all at the expense of the creators Canada has historically supported with thoughtful policy.

My message to our government and the Copyright Board is simple:  Please pay attention to the marketplace, because that’s where we make our living. And please recognize that if our digital marketplace is to flourish, it will depend on the health and sustainability of our creative industries, which provide the content that fuel the digital marketplace. Please reconsider Tariff 8. And let’s sit down together to find a way to protect this most valuable of Canadian resources—our culture—in the new economy.

Please don’t let this be the day the music died.

Bob Ezrin has produced some of the world’s most important music artists, including Pink Floyd, Alice Cooper, Peter Gabriel, Johnny Reid and Young Artists for Haiti. He was inducted into the Canadian Music Hall of Fame in 2004 and Canada’s Walk of Fame in 2013. In 2013, he was also named an Honorary Fellow of the Royal Conservatory of Music. Bob can be reached at:  bobezrin@nimbusarts.ca.

 

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Nunavut Throat Singer Tanya Tagaq Wins 2014 Polaris Music Prize

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On Monday night, the 2014 Polaris Music Prize was awarded to Inuit throat singer Tanya Tagaq for her album Animism.  Tagaq, who received a standing ovation from the gala attendees following her uplifting performance, was awarded a cash prize of $30,000 for her Polaris win. The winner was decided by a panel of selected music critics and announced during the 9th annual gala event at The Carlu in Toronto, hosted by actor Jay Baruchel.

The evening consisted of performances from 6 of the 10 nominees including Mac Demarco, Basia Bulat, Owen Pallett, Jessy Lanza, Shad and winner Tanya Tagaq. Timber Timbre, Yamantaka//Sonic Titan and Win Butler of Arcade Fire were in attendance but did not perform. Drake, who was nominated for Nothing Was The Same was not able to attend the gala due to a scheduled concert at the Hollywood Bowl in Los Angeles with Lil Wayne.

Music Canada is a proud sponsor of the Polaris Music Prize and would like to congratulate Tanya Tagaq on winning this year’s award, as well as all of the nominees for making the 2014 short list. Photos of the gala can be seen below:

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Ontario Government launches Live Music Portal and announces recipients of the first year of the Ontario Music Fund

Today, the Hon. Michael Coteau, Ontario’s Minister of Tourism, Culture and Sport, announced the recipients of the first year of the Ontario Music Fund, as well as the official launch of Ontario’s live music portal, http://ontariolivemusic.ca/.

The first year of the Ontario Music Fund, which is administered by the Ontario Media Development Corporation (OMDC), is providing 108 grants to artists and music organizations that produce, distribute, and promote Canadian music and artists.

“We’re turning up the volume on our diverse and dynamic music industry,” said Minister Coteau. “Through the Ontario Music Fund, we are making important investments to help the industry grow, create jobs and ensure Ontario’s talent thrives here at home.”

Minister Coteau also announced the official launch of Ontario’s live music portal, OntarioLiveMusic.ca, which was developed by Music Canada under contract to the Ontario government. The site is a comprehensive and reliable source for information on live music in Ontario, including concert listings and venue promotions. As part of Ontario’s Live Music Strategy, the portal will promote live music in Ontario to boost concert attendance, visitor spending, and economic impact.

“The Ontario Music Fund has positively changed the landscape for music, and signals that the Government of Ontario agrees that music is a good investment for this province; in fact, that it is one of our competitive advantages,” said Graham Henderson, President of Music Canada. “We commend the Government of Ontario for creating the conditions that encourage the private sector to invest in music in order to create jobs and stimulate growth.”

For more on the Ontario Music Fund, visit http://www.omdc.on.ca/music/the_ontario_music_fund.htm.

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Clean Bandit Surprised With Platinum Awards For “Rather Be”

CleanBanditRatherBeAwardDuring a stop in Toronto for a sold-out show at The Virgin Mobile Mod Club, rising UK electronic act Clean Bandit were presented with Canadian Platinum Digital Download award plaques for their single “Rather Be”, from their debut album New Eyes (Warner Music Canada). The show marked the beginning of their first-ever North American tour and was also the only stop in Canada. In January 2014, “Rather Be” became the fastest-selling single of the year in the UK and in February became the most streamed song in a single week on Spotify UK with 1.09 million plays, surpassing Daft Punk‘s record for their hit “Get Lucky”.

You can watch the official video for “Rather Be” below:

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Music Canada’s 2014 Annual General Meeting

The Lula Lounge in Toronto played host to Music Canada’s 2014 Annual General Meeting on September 10th, with more than 150 representatives from our member labels and industry partners in attendance.

The event began with a State of the Industry conversation between acclaimed record producer Bob Ezrin and Music Canada President Graham Henderson. Much of the discussion focused on the Copyright Board of Canada’s recent decision on Re:Sound’s Tariff 8, which sets appallingly low royalty rates for non-interactive and semi-interactive webcast services. Re:Sound has since filed an application for Judicial Review of the Board’s decision, and a coalition of more than 70 music organizations released a joint statement in support of Re:Sound’s Application for Judicial Review.

EzrinHenderson
Mr. Ezrin spoke passionately of the importance of “one voice” in opposition to the Tariff 8 decision. “We need, somehow, as an industry… as one business… get together quickly and get to Ottawa and fight this tariff…. Because this is truly the beginning of an end.”

I Stand For Music was created as a space for the industry and fans to amplify their voices in opposition to the Tariff 8 decision, and to show their support for recorded music and Canada’s music community.
Following the discussion with Ezrin, Henderson described what’s on the horizon for Music Canada. In addition to the battle over Tariff 8, Henderson revealed plans for Music Canada Live that will soon represent the live music community. “The vision for the association is that is truly national in scope, representing all sizes of live music companies, for profit and not-for-profit, in all corners of the country,” said Henderson. “It’s going to identify common issues, and create a strong, collective voice to ensure the live music community is well represented when decisions are made at all levels of government, and that is unprecedented.”

Henderson also shared that Music Canada is undertaking an economic impact study of Ontario’s live music sector in conjunction with the Ontario Media Development Corporation. “We expect this to be as vital to the debate as our economic impact study of the recording industry has been,” said Henderson.

Henderson also spoke of OntarioLiveMusic.ca, a live music portal developed by Music Canada, under contract with the Ontario government, which profiles Ontario as a destination for music tourism. Music Canada’s work on Toronto as a music city will continue under the 4479 Toronto brand, as well as on the Music City Alliance with Austin, Texas. Henderson also touched on a new partnership with the National Music Centre in Calgary, AB, in the development of a study on leveraging Calgary’s music sector for economic development.

Graham
Next, Music Canada’s Amy Terrill moderated a ‘New Directions’ panel, featuring a conversation with old friends in new positions in the industry, including Melanie Hurley from Canada’s Walk of Fame, Allan Reid from the Canadian Academy of Recorded Arts and Sciences (CARAS), Rick Fenton from Music Ontario, and Zaib Shaikh from the City of Toronto.

Allan Reid spoke of CARAS’ expanded emphasis on artist development, noting that as MusiCounts does great work at the very beginnings of a music career, and the JUNOs celebrate them at the pinnacle of their success, CARAS sees room to expand to help artists in the middle ground.

Rick Fenton told the audience that Music Ontario is developing a market access program, as well as creating a physical and virtual resource centre to help “artists affect change with a common voice,” on issues like Tariff 8 and more.

Melanie Hurley shared that as Canada’s Walk of Fame is preparing for its 5th annual festival later this month, her next priority is to continue to develop partnerships with Toronto and Ontario, and expand the Walk of Fame brand. “Our first initiative is to celebrate, and the second is to inspire future generations,” said Hurley. “And I think that’s where we can really take off, where we can expand and look at doing scholarships and partnerships, and bring in people to talk to the next generation.”

Zaib Shaikh spoke of Toronto’s strength in both economics and culture, and shared information on recent developments at the City of Toronto’s Economic Development & Culture division, which has grown to 30 employees, and will soon add a Music Sector Development officer, whom Shaikh said should be in place by the beginning of October. “I’m looking forward to Toronto being seen as a leader in what we can do with entertainment, and obviously music is a key cornerstone in that,” said Shaikh.
Panel
The meeting closed out with a special performance by Shawn Hook, who performed two new songs from his upcoming album, including the new single ‘Million Ways’.

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For more photos from the event, see the album on our Facebook page.

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