Thank you, Tyrone.
Good morning.
If we're going to keep creating exciting content, we need to make sure that Canadians can find it. We need shelf space.
That's why ACTRA appeared before the CRTC last year to argue that digital media was just another way of broadcasting content. We asked the federal regulator to establish rules that would help provide shelf space in digital media for Canadian content. Unfortunately, the CRTC chose once again, as it did 10 years ago, to do nothing.
ACTRA also urged the CRTC to create a new fund for Canadian content online by requiring Internet and wireless service providers to make contributions to a digital Media Fund out of their enormous revenues. We remain hopeful on that one. ACTRA, together with several of our industry partners, are parties to the Federal Court process that will determine whether such a levy may be implemented to create a digital Media Fund like the Canada media fund.
The final and critical piece is to find a balance between giving people around the world access to our Canadian content and making sure creators are getting paid. We do that by modernizing our copyright laws.
Frankly, it's embarrassing and economically damaging that Canada has failed to update our copyright laws in keeping with international norms, especially when we signed the World Intellectual Property Organization Internet treaties 13 years ago, back in 1997. There's an international community out there that thinks it's okay to come and set up illegal downloading sites in Canada. We need laws that make it clear it's not okay.
The conversation about copyright is frequently not a dialogue. It is often a yelling match between the makers who want locks on their IP products and users who want free access to content.
Performers and other creators want a balance. Performers want people to enjoy their work where and when they want, but performers can't afford to work for free unless they choose to. We need a balance: a balance between the performer's right to protection and payment for use of their work, and Canadians' ability to enjoy what they have legally purchased when and where they want.
How do we get that balance? The answer already exists in audio recordings: it's called “collective licensing”. Canada's private copying regime in audio recordings has worked by putting millions of dollars directly into the pockets of singers and musicians since it was introduced in 1999.
The problem is that this regime is limited to devices people hardly use anymore to copy music--blank audio cassettes, mini-discs, and CD-Rs. So this income artists rely on is vanishing. The Copyright Act must be updated to extend the levy to devices that people actually use today.
To be clear, this isn't a new levy. It's merely updating something that already exists. If the government does not extend the private copying levy, then the government is taking money out of artists' pockets.
Last week, my colleague Graham Henderson and others appeared before you on behalf of Canada's major record labels. Despite what the media and others reported, the record companies, the recording industry, and performers agree that the private copying regime should be extended to include digital audio recorders.
In his appearance before you, Graham's main point was that the private copying levy is not a replacement for the millions of dollars lost to them and to us through illegal file sharing. However, it is much needed income for artists and for the record labels. That said, there's no doubt that the revenues flowing from the private copying levy contribute to creating more music and are critical to Canadian artists and the music industry.
On another copyright issue, fair dealing needs to stay where it is. None of us wants fair dealing to be endlessly interpreted by the courts, which is what will happen if the list of exceptions to copyright becomes merely illustrative, as proposed by some open access advocates.
We also need to expand the rights to audiovisual works now available only to audio performers and makers by getting the AV Performances treaty passed at WIPO. There is a real opportunity for the treaty to be passed this year and the Canadian government can play a leading role in making that happen.
This standing committee has a great opportunity to assist the government to steer the right course in its digital media strategy. In our view, there are four key compass points.
First, make sure control of Canadian communications companies remains in Canadian hands.
Second, invest in Canadian content creators and suppliers.
Third, reserve space and provide incentives for production of Canadian content in digital media.
Finally, extend collective licensing to make it easy for Canadians and people around the world to enjoy our content while compensating creators and makers for use of their products.
Thank you very much. We're happy to answer any of your questions.