Canadian Heritage Committee on May 22nd, 2018

[Mark Schaan]

I think you're quite correct. I think the law sits in this complex marketplace now. I think the law has a fundamental role to play in setting the rules of the road. We've seen over time that changes to the law and the evolution of the law have been a force in that marketplace, but what we've tried to articulate today is it's one piece in a much bigger context. I think it does offer up the opportunity to look across the various tools and levers that are available to governments and others to say that we can't fix everything with the law so are there other things.

That's where things like nudge and behavioural economics but also new tools and new opportunities, new mechanisms for people to be able to collaborate and work together can be put into that broader context and picture.

This is a study of the Copyright Act, but I think what we're doing is embedding it in the complex marketplace that copyright currently lives in which includes a whole host of actors, many beyond government.

[Gordie Hogg, Liberal, South Surrey—White Rock, BC]

In reference to the collaboration when you're talking a little bit about the nudge and behavioural economic model, can you give me some examples of a collaboration that reflects itself in whatever the copyright might be or how it will protect itself in that sense?

[Mark Schaan]

I will go back to the Re:Sound example because I think it's an interesting one. The Copyright Act says neighbouring rights exist. They say it's a mandatory licence, and a mandatory licence for everyone who uses recorded music.

When Re:Sound knocks on every restaurant's door in this country and says, “Pay us your $50 for the year,” they have a number of ways in which they could do that. The nudge is pay. This $50 gets you a whole host of value. Here are all the interesting things music is doing as it's interacting in your milieu, and here's why it's valuable, and why the $50 is a good deal for you.

I think that's an interesting beginning of a conversation. It's not just, “Hey, I'm your local neighbouring society. You owe me, and the law tells me so.” We have a shared interest here. You want to use my music, and I have music for you to use, but it's a valuable commodity, and here's how I can explain how you potentially might be able to use this in new and different ways.

[The Chair, Liberal, Julie Dabrusin]

Thank you very much.

That brings to an end our round of questions for these witnesses.

It was really interesting to hear all that you had to say and it's a great beginning to this study.

We are going to be moving in camera, so we are going to have to clear the room.

Thank you.

[Proceedings continue in camera]