Our first recommendation is to extend the private copying regime to all digital audio support and recording devices that make the copying of music possible, not just blank CDs, as is the case today. Generally speaking, the exceptions introduced into the act in 2012 that allow reproduction on devices or reproduction for listening or delayed viewing should provide for financial compensation. Creators should be paid royalties for the use of their work, regardless of the medium used.
Virtually no royalties are now paid for private copying. To give you an order of magnitude, not so long ago, private copying royalties accounted for more than 50% of Canadian royalties paid by Artisti, compared to 7% in 2017.
Our second recommendation is to reinstate the provision requiring broadcasters to pay a tariff when a collecting society can issue them a licence to use for some reproductions, even where exceptions might normally apply.
Subsection 30.9(6) of the act, which is related to this provision, was repealed in 2012. This has contributed to dramatically reducing the fees paid by commercial radio to performers.
The rules in place clearly do not meet the requirements of the three-step test imposed by international treaties. Artisti is asking the legislator to correct this situation and to reintroduce the subsection in question into the act.