Evidence of meeting #121 for Industry, Science and Technology in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was content.
A recording is available from Parliament.
4:15 p.m.
International Vice-President and Director of Canadian Affairs, International Alliance of Theatrical Stage Employees
Don't quote me on that, but I know it's a number of countries. I'll look to the Directors Guild.
You notice that I was giving them water earlier.
4:15 p.m.
International Vice-President and Director of Canadian Affairs, International Alliance of Theatrical Stage Employees
They're always directors. You've always got to serve the directors.
4:15 p.m.
President, National Office, Directors Guild of Canada
It's because of our way bigger union.
4:15 p.m.
Voices
Oh, oh!
June 7th, 2018 / 4:15 p.m.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
I'd like to go back to the Beijing Treaty on Audiovisual Performances, with regard to video clips. I believe it was Ms. Morin who spoke to this, or perhaps it was Ms. Prégent.
Did I understand correctly that under the terms of this treaty, a video clip is treated more like music, as opposed to a video?
4:20 p.m.
General Manager, Artisti
No, no, no.
In fact, the Beijing Treaty recognizes that artists should be given all of the royalties and exclusive rights, just like the creators of a work. The performing artists should also be given those rights.
For the moment, given the wording of Canada's Copyright Act, artists from the music sector are the ones who benefit from copyright. There is a specific section in the Copyright Act that says that if a performing artist agrees to have his performance incorporated into an audiovisual work, he waives the exercise of his section 15 right.
4:20 p.m.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
Are you saying that according to the Canadian Copyright Act, if a performer agrees to sing a song on a video clip, he has no right to his royalties?
4:20 p.m.
General Manager, Artisti
In fact, he has no copyright. However, could he negotiate an arrangement through his contracts with the producer, for instance?
4:20 p.m.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
Perhaps he could, but from the legal standpoint, there is nothing in the law that says that he is entitled to royalties.
4:20 p.m.
General Manager, Artisti
Exactly. He may receive them, not as a performer, but as the author of the work. The singer-songwriter is treated differently.
When you consider a song, there is the work itself, on the one hand, which includes the words and music.
4:20 p.m.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
So, that concerns what was written by that composer, by the one who wrote the music.
4:20 p.m.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
However, the performer is not treated like the composer.
4:20 p.m.
General Manager, Artisti
No. He is for the sound recording, but not the video clip.
4:20 p.m.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
In the case of a regular song played on the radio, is the performer treated like a composer?
4:20 p.m.
General Manager, Artisti
Yes; he receives his equitable compensation just like the composer will receive his communication right.
4:20 p.m.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
It is only under the Canadian law that a performer is not covered in video clips. However, when the song is played on the radio, he is paid his royalties.
4:20 p.m.
General Manager, Artisti
That is in fact one of the changes we recommend be made to the law. On the one hand, there should be copyright royalties for artists who perform in audiovisual works. On the other hand, the definition of the term “sound recording” needs to be changed so that when a video image accompanies a song you listen to, it is not excluded.
4:20 p.m.
General Manager, Artisti
Yes. At this time, that particular exclusion is in effect.