Thank you for the opportunity to meet with you this morning.
I would like to restrict my comments to four points.
First, I would like to commend this government for the bill they have presented. I believe with few exceptions they have identified and achieved the main principle of this whole debate: the need to protect the content creators and copyright holders. The job to be done now is to finesse the language of what is intended, knowing that it can be tweaked through the course of time, and to get this bill passed without further delay. The situation at the coal face is dire.
Second, I am deeply disappointed with those vocal few who continue to frame this discussion as one that only affects major labels and who are driven by interests from across the border. As an independent artist with my own label who has worked with a vast ecosystem of Canadian suppliers for over 25 years, I can attest that this is not the case.
I would suggest that the true commercial interests behind the scenes who are playing a detrimental role in this issue are largely the enablers. They would include the BitTorrents and isoHunts, the new global media entities such as YouTube, and even the constituency of ISPs that pretend to be neutral in this matter.
I believe the ISPs and the website owners should most certainly play a significant role in the management of that content that passes through their hands and be accountable for that. This must be true not only for copyright purposes but surely for other matters such as pornography, privacy, and fraud. After all, it is these companies who are making their profits off the eyeballs that are driven to their site to access illegal content.
Third, due to the urgency of this bill, I would urge this committee not to get diverted on the matter of levies, which is not even in the bill. I have taken account of what this means in real terms to me, and it represents less than 1% of my income. For most other artists, this would hardly come close to a meaningful income stream, and in no way should a levy be considered a substitute for an artist having the tools to produce income from his or her work. Rather, what is important, especially for those starting out, is that their works are properly protected and not pirated and exempted at every corner.
Fourth, it is important to understand that everything can be accomplished within the framework of permissions. One need not tie oneself in knots trying to carve out exemptions for this and that. The default of all positions should be that the content creators' rights over the control and intention for their work should be fundamental, and if there are those who for commercial, charitable, or educational purposes wish to use that music, they can simply request that use. My small label, which prides itself in customer service, successfully issues hundreds of permissions each year. This courteous and rightful practice is already in motion, and simply needs clarification in legislation.
Most important, it is essential that some sort of protection be achieved immediately and that any “made in Canada” solution be harmonized with other international territories and reflect our commitments. The creative communities around the world, not only in Canada, are relying upon us to finally do our part.