ARTISTS & MUSIC COMPANIES SUPPORT RE:SOUND APPLICATION FOR JUDICIAL REVIEW OF COPYRIGHT BOARD TARIFF 8 DECISION

Monday, June 16, 2014 (Toronto, ON) – We, the undersigned, firmly support Re:Sound’s Application for Judicial Review of the Copyright Board’s Tariff 8 decision setting royalty rates for webcasting services in Canada.

The Tariff 8 decision is a serious setback for the music community in Canada, for artists and the music companies who invest in their careers. The decision discards years of agreements freely negotiated between digital music service providers and the music industry and sets rates for music webstreaming services in Canada that are less than 10% of the rates that the same services pay in the United States and many other countries. The Board set the rates based on what it considered to be “fair and equitable”, but in doing so, discarded existing market rates at which digital music service providers had been operating in Canada.

The Board’s decision comes as the result of an inherently flawed system that lacks clear criteria for rate-setting and allows the Board to reject market rates. The Board had no statutory or regulatory obligation to take into account existing agreements on webcasting royalties that have been successfully negotiated between the music industry and its business partners for these services. The resulting rates ignore international standards that support the growth and development of the industry in the world marketplace. Canada, in fact, stands alone among its major trading partners – including the United States, Australia, the United Kingdom, France and the Netherlands – in its adherence to a mandatory tribunal process that determines royalties without regard for what currently works in the marketplace.

It is clear that a legislative framework that ignores the reality of the marketplace is one that will continue to harm the business climate and create market uncertainty, delaying the entry of new services into the Canadian marketplace. Indeed, many of the Copyright Board’s decisions on major new tariffs have been the subject of Judicial Review by the Federal Court of Appeal, creating years of delay and uncertainty.

From 1999-2012, Canadian recorded music sales decreased by more than 50%. Establishing rates in Canada that are reflective of both market and international rates is critical for Canadian artists whose livelihood depends on earning a decent living wage from their profession, for music companies who actively develop and nurture Canadian talent throughout the world, and for all Canadians who value a healthy and prosperous music industry.

Adagio Music
Alberta Music
Analekta
Aporia Records
Aqua Sound Entertainment
Association québécoise de l’industrie du disque, du spectacle et de la video (ADISQ)
Audiogram
Awesome Music
Boompa Records
Boonsdale Records
Borealis Records
Canadian Council of Music Industry Associations (CCMIA)
Canadian Federation of Musicians (CFM)
Canadian Independent Music Association (CIMA)
C-Weed Band
Coalition Music
La Compagnie Larivée Cabot Champagne
Cordova Bay Entertainment Group
Crystal Math Music Group
Curve Music
Dare To Care
Dine Alone Records
Disques Artic
Equator Music
File Under:Music
Greg Kavanagh Music
Groundswell Music
Independent Digital Licensing Agency
Instinct Musique
Justin Time Records
Linus Entertainment
Manitoba Music
Maple Music Recordings
Marquis
MDM Recordings
Mr. Label
Music and Film in Motion
Music BC Industry Association
Music Canada
Music/Musique NB (MNB)
Music Newfoundland & Labrador (Music NL)
Music Nova Scotia
Music Ontario
Music Prince Edward Island
Music Yukon
Nettwerk Music Group
Opak Media
Paper Bag Records
Passeport
Play Records/Play Digital
Productions Benannah
Royalty Records
Remedy Music
SaskMusic (The Saskatchewan Recording Industry Association)
Secret City Records
Six Shooter Records
Sonic Envy
Sonic Records
Sonic Unyon
Sony Music Entertainment Canada
Sparks Music
SRO-Anthem
Stomp Records
Stony Plain Records
The Children’s Group
Tonic Records
True North Records
Universal Music Canada
URBNET Records
Warner Music Canada
Wax Records

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