Evidence of meeting #15 for Canadian Heritage in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was publishers.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

David Murphy  President, Professional Music Publishers' Association
Elisabeth Bihl  Executive Director, Canadian Music Publishers Association
Jodie Ferneyhough  President, Canadian Music Publishers Association
Gilles Daigle  General Counsel and Head of Legal Services, Society of Composers, Authors and Music Publishers of Canada
Hervé Déry  Acting Librarian and Archivist of Canada, Office of the Librarian and Archivist of Canada , Library and Archives of Canada
Scott Hutton  Executive Director, Broadcasting, Canadian Radio-television and Telecommunications Commission
Annie Laflamme  Director, Radio Policy and Applications, Canadian Radio-television and Telecommunications Commission
Cecilia Muir  Chief Operating Officer, Office of the Chief Operating Officer, Library and Archives of Canada

11 a.m.

Conservative

The Chair (Mr. Gordon Brown (Leeds—Grenville, CPC)) Conservative Gord Brown

Good morning, everyone. I will call to order meeting number 15 of the Standing Committee on Canadian Heritage.

Today's business is the Canadian music industry study, which we have been undertaking for a number of meetings now.

For the first hour today we have a number of witnesses with us. We have Elisabeth Bihl and Jodie Ferneyhough from the Canadian Music Publishers Association. We have Gilles Daigle from the Society of Composers, Authors and Music Publishers of Canada.

By telephone from Magog, Quebec, we have Mr. David Murphy from the Professional Music Publishers' Association.

Could you just say hello?

11 a.m.

David Murphy President, Professional Music Publishers' Association

Good morning. I am David Murphy, from Magog.

11 a.m.

Conservative

The Chair Conservative Gord Brown

Yes, he's here. I don't know if you heard him.

11 a.m.

President, Professional Music Publishers' Association

David Murphy

Yes, I'm here.

11 a.m.

Conservative

The Chair Conservative Gord Brown

Great. Thank you very much.

Each group of witnesses will have eight minutes.

We're going to start at the top of the list with the Canadian Music Publishers Association, Elisabeth Bihl and Jodie Ferneyhough.

Between you, you have eight minutes.

11 a.m.

Elisabeth Bihl Executive Director, Canadian Music Publishers Association

Thank you very much.

Good morning, everybody.

On behalf of my colleague and president of the Canadian Music Publishers Association, Jodie Ferneyhough, thank you for the invitation to appear before the committee. My name is Elisabeth Bihl, and I am the executive director of the CMPA, the oldest music industry association in Canada, which was founded in 1949.

The CMPA represents 75 music publishing companies across Canada. Our members work on behalf of hundreds of Canadian and international songwriters, including high-profile established artists and the up and coming stars of tomorrow.

Music publishers help songwriters make a living. Songs generate income through a variety of sources from everywhere in the world, radio airplay, placement in films, TV shows or commercials, licensing for a toy, game, or video game, recordings and releases on discs, iTunes, or streaming services. Publishers administer and collect the income through various channels on behalf of the songwriter.

A publisher is often the first to invest in a songwriter’s career and also supports him or her with advances against royalties. Music publishers are key to the development of the music industry, because there would be no industry without the songs.

CMPA has been advocating to members of Parliament of all political stripes over the past few years for a study into funding programs for the Canadian music industry. By recommending such a study, this committee’s report could be a catalyst for growing the economic and cultural impacts of music. In 2011 alone, the music industry made expenditures and investments in the country that exceeded $800 million, sustaining over 4,100 jobs.

Government investment has allowed the music industry to punch well above its weight. While Canada is the 35th most populous country, we boast the seventh largest music market.

Music publishers have a good news story when it comes to a funding program being run very effectively and exceeding expectations. Over the past five years the annual $500,000 spent by the Music publishers program under the Music entrepreneur component accomplished the following: the number of Canadian musical works published has increased by 25%; the number of foreign works published increased by 36%; the number of Canadian songwriters under contract has more than doubled; and the number of foreign songwriters has increased by almost 300%; and the number of people employed by these participating publishing companies increased from 4% to 6%.

The Department of Canadian Heritage has validated this success and has increased the annual funding envelope by 25% to $625,000 for 2014.

Of course, there are always things that could be done more efficiently. The president of CMPA, Jodie Ferneyhough, will talk about this next.

11:05 a.m.

Jodie Ferneyhough President, Canadian Music Publishers Association

Thanks, Elizabeth.

The CMPA believes that program funding should at the very least stay at the current level of $25 million. We also believe that the amount of money to support music publishing should be increased, as current funding programs focus almost exclusively on supporting the record labels, not the publishers who represent the creators.

For example, the music entrepreneur component mentioned earlier stands at $8.8 million, but only a tiny portion, $625,000, or 7.1%, is allocated to the publishing community. Regarding other granting programs, such as FACTOR and Starmaker, publishers are virtually shut out.

Until relatively recently, the nature of the business was such that record companies developed, marketed, manufactured, and distributed records. Their core income relied on how many records they sold. The publishers, on the other hand, collected royalties from radio and live performances and from licensing songs to a record. The industry and the world are very different today with technology irrevocably changing the way labels and publishers do business.

Artists demand that publishers function more like a label. Many publishers are now recording and pressing masters, spending thousands of dollars to send writers around the world to write, buying gear and upgrading equipment. They are often giving advances as large or sometimes larger than labels, yet they're only collecting pennies or micro pennies from users. Publishers of all sizes must have a royalty department, an A and R and scouting department, a song pitcher, and a film and TV person, not to mention a support crew.

Music publishers over the coming years must continue to invest in songwriters as well as their own infrastructure. The current funding model stops well short of providing what is needed for publishers to develop and grow. A new publishing company with little or no backing and a limited catalogue may not survive or could take years to become financially stable.

The growth of publishing companies is based mainly on attracting writers, composers, and catalogues. We need a funding program that recognizes this. Similar to the Starmaker program, there should be a program for music publishers whereby successful writers would have money to travel in order to attract writers from other parts of the world. The FACTOR support programs in particular are heavily weighted on the side of labels. There are no opportunities for songwriters or publishers to get significant grant support.

Other publishing programs should help developing artists record demos and masters, allowing publishers to build interest in the writer by releasing to market and using those songs to pitch for film or TV. Funding should also be made available for recruiting and developing publishers' staff and to offset the cost of showcasing or conferences.

Although piracy and illegal downloading affect the business, the music industry still flourishes, collecting income from sources it ignored in the past. It can be strongly argued that the decline in record sales was not fully due to piracy, but had to do with the fact that if you wanted to purchase one song, you had to buy the entire album. Now you can purchase a song for 99¢. The industry's business model has changed significantly; so too should the way funding is distributed.

A record company invests a great deal of money in new and established artists. Once the cycle of a band's career is finished, the label moves on. For every 100 or even more artists they invest in, only one may become an evergreen. On the other hand, the publisher's job is to work not only for the song when it's current, but also for the artist's future. The challenge is to find a new home for the song, to rebuild an artist's career from that of a performer to a songwriter, to find new outlets for songs, or to find new ways to make an old song speak to a new audience.

The business structures of music publishing companies in Canada are diverse, with the publisher taking on the role of artist manager as well as the catalogue development of national and international artists. There is also a change in the business model. More companies have merged to become 360 business models; hence, the funding support structure should adapt to this new reality.

In line with the changed business models, government funding programs need to ensure fair and equitable access to both publishers and labels. Considering the huge changes the music industry has undergone, a new partnership with the industry needs to develop.

We appreciate the opportunity to address the committee. Thank you.

11:10 a.m.

Conservative

The Chair Conservative Gord Brown

Thank you very much.

We'll now move to the Society of Composers, Authors and Music Publishers of Canada, with Gilles Daigle, for eight minutes.

11:10 a.m.

Gilles Daigle General Counsel and Head of Legal Services, Society of Composers, Authors and Music Publishers of Canada

Thank you very much, Mr. Chairman.

Good morning, everyone.

I'm going to delve right into the matter insofar as the points I'd like to leave you with today go. They are in connection with one of the major questions you're asking, which is about the impact of new technologies on the music industry.

I'm SOCAN's general counsel. You won't be surprised to hear that I have some comments relating to legal matters. If I can summarize in one word the impact of new technologies on SOCAN, it has been litigation. We have been in the courts since 1997 on issues relating to the use of music on the Internet. These matters are extremely complex. They're new, and they're new for everyone worldwide.

We are fortunate in Canada to have a federal tribunal, the Copyright Board, the task of which is to tackle these complex issues. Whether you like their decisions or don't like their decisions, I'd like to suggest they play a very important and fundamental role in sorting these things out, and that will continue. The issues are getting more complex by the day.

I was there back in the days when the Copyright Board was essentially all about setting royalties for television and radio stations primarily. Then we saw the advent of the Internet, and that has created an extremely heavy burden on this agency, which is not a CRTC. It has 15 employees in total. It has four or five professionals who are there to assist the board members in their task. They have a large task at that.

On that front, I am here to encourage Parliament to continue to support the Copyright Board and encourage Parliament to see that the board has the resources that are necessary to conduct its mandate, to do its work. At the end of the day, you get what you pay for.

The second point I want to touch on, and I know it's not always popular, is that when we talk about the impact of new technologies, the term “Canadian content” comes up. I'm going to suggest to you that it would be

simplistic and defeatist to just say that Internet services cannot be controlled and that nothing can be done because the servers are located outside Canada.

I must respectfully point out that this is not the case. Do you really want to take it for granted that a sophisticated service, a renowned commercial service like Netflix, would not respect our laws on Canadian content, for instance?

Among SOCAN's licence holders are dozens of online music services with no presence in Canada. They pay royalties to us on a voluntary basis. Of course, I agree that there are many more who do not pay royalties. However, maintaining regulations on Canadian content should not be seen as an exercise in futility because some music services are not physically located in Canada.

I hope you will consider these issues in light of a reality whereby major services will comply with our regulations. They must do so, if only to attract investments.

I would like to use the short time I have left to discuss another issue. As I am a copyright lawyer, I have to talk about the Copyright Act. I know this is an often controversial topic that is not easy to talk about. Nevertheless, I would like to remind you that Canada probably has the most exceptions in copyright compliance. A number of debates should be held on the topic. Some have been held in the past, and more will probably be held in the future, but the fact remains that these exceptions represent a loss of basic rights, and that cannot be taken lightly.

Going forward, we must find a way to limit the scope of those exceptions—for instance, by applying the three-step test, which is being used in many countries around the world. That would be the first step in the right direction.

These were the three points I wanted to comment on.

Thank you.

11:15 a.m.

Conservative

The Chair Conservative Gord Brown

Merci, Monsieur Daigle.

We are now going to hear from Mr. David Murphy, from Magog.

11:15 a.m.

President, Professional Music Publishers' Association

David Murphy

Good morning, everyone.

I am the President of the Professional Music Publishers' Association, the PMPA. The professionals we bring together—music publishers—work on the development of songwriters' careers, the exploitation of their musical works and the management of the revenue earned through that exploitation. In this digital era where the number of sources for exploiting musical works has increased, publishers' commercial role has grown. Their economic importance has never been as high.

It is a fact that digital content has increased the modes of music consumption. In our industry, music could once be consumed only through a limited number of media—disc, radio, television—but the modes of music consumption have experienced a real explosion. As a result, we are seeing an increase in the number and types of stakeholders involved in music broadcasting. Music consumption has never been so high.

This diversification of music broadcasting and consumption modes led us to believe, in the early 2000s, that the public would have better access to a larger variety of cultural products. We thought the Internet would help dilute the effect of the superstar economy. We were even talking about the democratization of music.

However, what actually happened was the exact opposite. According to the website Musically, the Internet has not killed the hit parade; it has rather fuelled the economy of superstar artists. Musically refers to a recent study by a Midia Consulting analyst. According to that study, 1% of the most popular artists on the market collected almost 77% of all the revenue generated by recorded music. These telling figures show a profound lack of cultural diversity in the digital environment. In that context, the dominant culture inevitably supplants the other cultures.

That brings me to the first challenge our industry is facing that could be addressed by our government. I am talking about the lack of regulations on the Internet.

In the broadcasting system—radio and television—the CRTC imposes different quotas on music aired in order to support cultural diversity. Quotas for francophone music, local music and emerging music need to be met. We know that, when a greater variety of works is broadcast, the generated revenue is shared more equitably among all creators. This implies maintaining a diversified culture instead of polarizing earnings and restricting the creation of musical works to a limited number of creators.

However, there are currently no such quotas for content on the Internet. The broadcasting, accessibility and positioning of music are in no way regulated on the Internet. Since consumers are no longer exposed to Canadian content in the same way, their consumption habits are being directly affected. The application of Canadian and/or francophone broadcast quotas in traditional media such as radio and television has significantly supported the broadcasting and consumption of Canadian products. However, since people are increasingly consuming content through non-regulated platforms, Canadian content is reduced across the board and is being played and consumed less. Ultimately, our culture is being eroded, both nationally and internationally.

Until the new modes of music consumption appeared, the delicate balance between Canada's musical and even audiovisual products, on the one hand, and foreign products, on the other hand, was maintained through regulations the CRTC imposed on traditional media. We think that the diluted consumption of Canadian, and especially francophone, cultural products is directly related to the lack of regulations that would guarantee a minimum of Canadian content in new media. This is a major paradox. On the one hand, culture is receiving significant and necessary financial support, but on the other hand, the new modes of consumption are not being regulated. In other words, we are investing, but we are not doing what needs to be done to recoup our investment and foster the development of our culture in the digital environment.

The second challenge our industry is facing is the fact that our copyright legislation is inadequate. The premise of copyright is that content creators have the right to control their work and be compensated for its use, regardless of how that work is accessed. We maintain that the Copyright Act must support music rights holders' entitlement to compensation on the Internet. That should mainly be done by improving the accountability of Internet service providers—which have so far mostly benefited from content provided by creators without ensuring compensation—and, of course, by expanding the private copying regime to include all existing and future digital audio platforms.

It is easy to see that household spending on culture and entertainment has shifted, over the last 10 years, from cultural products to ways to access those products—in other words, from content to media. The portion of cultural spending in general household consumption is still relatively stable, but the portion of cultural products in household spending is in constant decline. However, the portion of spending on Internet services, cellular telephone services and video equipment, among others, is skyrocketing.

So the money that was once used to buy music albums and went to music creators' and publishers' pockets is now being used to purchase equipment for music consumption such as Internet connections with large bandwidth, smart phones and digital audio players. So music consumption revenue is no longer going to the pockets of music rights holders, but mainly to the pockets of Internet service providers, and smart phone and digital audio player makers. We think it is imperative for those two groups—which have been playing a key role in the music industry since the rise of digital content and are undoubtedly benefiting from it—to contribute to the industry. We also think the legislation should take that into account.

There is also a third challenge. Sufficient support should be given to professional associations. Music publishers need help from an association that would defend their rights and interests, identify their needs and meet them using the appropriate services, especially in this time of major challenges, which I have discussed.

The PMPA has been doing this work for 12 years. The Government of Canada's recent abolition of the Creators' Assistance component of the Canada Music Fund has led to the loss of a significant portion of the PMPA's operating budget. It has become difficult for us to sustain our activities and to keep our budget in line. We are doing the impossible, but this situation is not sustainable over the medium term.

Through various components, the Canada Music Fund is supporting record labels and publishers, as Jodie Ferneyhough mentioned. Associations that represent record labels receive support through the component Aid to Canadian Music Industry National Service Organizations. However, publishers' associations are not supported through that component. Why not? The two publishing associations meet all the criteria, except when it comes to an association's minimum operating budget. A simple technical amendment would help remedy the dire situation stemming from the abolition of the Creators' Assistance component.

I would be happy to answer your questions.

Thank you.

11:20 a.m.

Conservative

The Chair Conservative Gord Brown

Thank you, Mr. Murphy.

We're now going to move to our first round of questions. We're going to start with Mr. Falk. Members, if you want to address questions to Mr. Murphy, you'll have to clearly let him know that because he can only hear us. He can't see us.

Mr. Falk, for seven minutes.

11:25 a.m.

Conservative

Ted Falk Conservative Provencher, MB

Thank you, Mr. Chair.

Before I begin my comments, I just want to recognize two individuals who are with us today. They are two students from Mr. John Weston's riding of West Vancouver who are sitting behind Mr. Weston. They are part of the Forum for Young Canadians and they are attending committee to see how it works. I just want to recognize both Aria and Matthew. Welcome.

To the witnesses, you live and work in an industry that is rapidly changing. There's been an immense amount of change in the last dozen years with the advent of digital technology. Frankly, I don't envy you; I think it's a significant challenge. I'm happy to see that you're engaged and that you take this challenge seriously. I'm sure you have some solutions, which I'll ask for a little later.

Elizabeth and Jodie, I'm going to ask you to respond to my first question because it was part of your presentation. You say that more and more the activities between music publishing and record labels are becoming blurred and there's a crossover. Can you tell me the difference between the two?

11:25 a.m.

President, Canadian Music Publishers Association

Jodie Ferneyhough

The difference between a publishing company and a record company?

11:25 a.m.

Conservative

Ted Falk Conservative Provencher, MB

And a label, yes.

11:25 a.m.

President, Canadian Music Publishers Association

Jodie Ferneyhough

The traditional role of a record company is to make the recordings, release the masters, get the finished song, the finished product, to the general public, whether that be on a record, or sending it to radio, or what have you. They do the marketing, the distribution, that sort of idea.

A music publisher, on the other hand, works with the songwriters themselves, so the songs themselves. The whole business is predicated on the song. Without a song, you don't have a record company, you don't have a publisher, you don't have anything. That's what we deal with. We deal with the intellectual property of the song, of the songwriter.

Traditionally the difference was that they marketed, distributed, and manufactured, and we provided the songs to them. Now it has changed. Now we are both doing a little bit of each other's work. The Internet is not the artist's best friend. It actually makes more noise than it doesn't. There's so much out there; it's hard to filter. We have to act more as a filter, just like the labels do now, and we have to market, promote, and get things to film and TV, etc.

11:25 a.m.

Conservative

Ted Falk Conservative Provencher, MB

Not that many years ago, when there was a particular song we liked, we bought the album. Today we buy the song for 99¢. That has significantly changed the revenue in your industry for you, I'm sure, but also for artists.

What role would the publishers have in artist development, maybe even in sourcing and development of artists?

11:25 a.m.

President, Canadian Music Publishers Association

Jodie Ferneyhough

It's a role we've taken on more over the last 10 years or so. A lot of times we will find the artist early. I can give you an example of an artist named Lights, who you may or may not know. She was developed for over seven years, and finally was able to get to the record buying public through a record label. The publishing company started that. It taught her how to write. It got her together with songwriters. It put out small releases on radio. It paid for her master tape so she could start performing and building an audience. It got her to the point where the record label recognized that this was a talent and picked it up and ran with the ball.

That's one way they are developing the marketing. It's just years at a time, and a lot of money being put into an artist like that.

11:25 a.m.

Conservative

Ted Falk Conservative Provencher, MB

We all work with resources. I would suggest, and I'm sure you're very aware, that the artist is your resource. As a government, we're your supplement that hopefully helps you have the resources to find the resource.

Mr. Daigle, how does the industry today ensure or guarantee that the artist receives their money from their product?

March 27th, 2014 / 11:25 a.m.

General Counsel and Head of Legal Services, Society of Composers, Authors and Music Publishers of Canada

Gilles Daigle

We fight very hard for our members, in our case authors, composers, and publishers as well, but it's nothing new. When I say we fight hard, in this case it's on complex legal issues.

Back in the 1990s we had to go to the courts to ensure that our members were paid for the use of their music in specialty television programming, such as on TSN. Things we take for granted today, we had to fight for 25 years ago. We're continuing those fights. We appear before the Copyright Board, where the royalties that ultimately are distributed to our members are set. In order for those royalties to be set, they have to be confirmed as a matter of law that we can legitimately collect them.

Our members were extremely disappointed two years ago to find that well over $20 million that was with SOCAN and awaiting distribution to our members had to be repaid to this little company called Apple iTunes. Ironically, Apple was not among the companies challenging our members' rights to receive royalties for downloads. We're still fighting for our members' rights in that regard as a result of changes to legislation that came through with the adoption of Bill C-11 two years ago.

One way in which we try to ensure that royalties continue to make their way to our members is by representing them in these very significant legal battles that existed 25 years ago and that are simply now been shifted to a new front with the advent of these new technologies. We're going to continue to do that.

11:30 a.m.

General Counsel and Head of Legal Services, Society of Composers, Authors and Music Publishers of Canada

Gilles Daigle

Mr. Falk, if I may, given your preliminary remarks, I might note that in 1980 I was a member of the Forum for Young Canadians as well. I'm glad to hear that the organization and the project have continued these many years later.

11:30 a.m.

Conservative

Ted Falk Conservative Provencher, MB

See, there's hope for you—or not.

11:30 a.m.

Voices

Oh, oh!

11:30 a.m.

Conservative

Ted Falk Conservative Provencher, MB

Good. Thank you.

What are the tools that songwriters and composers need today to break into the industry?

11:30 a.m.

General Counsel and Head of Legal Services, Society of Composers, Authors and Music Publishers of Canada

Gilles Daigle

You need very good publishers.