Our third recommendation is to treat performances incorporated in music videos as musical performances and not as cinematographic performances. Currently, once a performer authorizes the incorporation of his or her performance into a cinematographic work, including a video clip, he or she automatically waives his or her copyright for that use. For example, a performer whose performance is captured on video and is also audio-recorded may only exercise copyright or receive equitable remuneration when his or her sound performance is dissociated from the video.
Yet, a video clip is neither more nor less than a song with images. No song, no video! I do not know anyone who watches a YouTube music video of a song on mute. That person is in fact watching the song. In such a case, depriving the artist of his or her rights is absurd. In our view, it is imperative that Canada ratify the Beijing Treaty on Audiovisual Performances and extend the exclusive and moral rights of performers in the sound recording industry to all performers.
That brings me to our fourth request.
The definition of sound recording must be changed so that the songs used in movies or TV shows are also covered by fair remuneration. The definition of sound recording which is contained in the act is problematic, since it excludes soundtracks of cinematic works broadcast at the same time as the film. This situation deprives performers of significant revenues, in addition to being discriminatory, since authors and music composers enjoy equivalent royalties for the use of their works. In 2012, the legislator recognized the same rights for performers in the sound recording industry as those of the authors. It is therefore difficult to understand that discrimination still exists.
Fifth, it is necessary to find ways to compensate performers for the use of their performances on the Internet. Quebec artists know that revenues from the streaming of their works are ridiculously low, even for their most popular songs.
The problem is in fact twofold. Firstly, revenues for non-interactive and semi-interactive webcasting are subject to a derisive REIT tariff set by the Copyright Board of Canada. This tariff is almost 11 times lower than the one in effect in the United States for the same period.
Revenues for webcasts of on-demand music content such as Spotify or Apple Music are subject to contractual arrangements between artists and producers that provide for the recovery of production costs before the payment of royalties to artists. Given the small sums generated by album sales as well as webcasting on demand, performers obviously too often find themselves deprived of royalties from this commercial exploitation of their performances.