Evidence of meeting #129 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 copyright.
A video is available from Parliament.
President, Association des réalisateurs et réalisatrices du Québec
No, I'm sure my producer receives some money—maybe not royalties, but....
Conservative
Dane Lloyd Conservative Sturgeon River—Parkland, AB
If you're not given royalties, how are directors compensated?
President, Association des réalisateurs et réalisatrices du Québec
We are paid a fee for our services originally, and we give out a licence for the original use of the film or television program. Then secondary use is where we have a problem getting paid.
An example is Xavier Dolan. If his film goes on television, he's not paid because he's represented by SACD. He's not paid as a director. He does—
Conservative
Dane Lloyd Conservative Sturgeon River—Parkland, AB
What's an example of an original use and then a secondary use for television?
President, Association des réalisateurs et réalisatrices du Québec
The original use would be in the theatres.
President, Association des réalisateurs et réalisatrices du Québec
Secondary uses are television or other platforms.
Conservative
Dane Lloyd Conservative Sturgeon River—Parkland, AB
Then it would be basically like a book author: they get paid for the initial sale of the book, but if somebody sells it used, they're not getting paid for that.
President, Association des réalisateurs et réalisatrices du Québec
Yes.
Directors whose works are sold outside the country—Xavier Dolan sells in France—get royalties.
President, Association des réalisateurs et réalisatrices du Québec
Not in Canada.
President, Association des réalisateurs et réalisatrices du Québec
In his case, he gets royalties as a director and as a scriptwriter, because he does both.
Conservative
Dane Lloyd Conservative Sturgeon River—Parkland, AB
I'm aware that in the United States, actors are paid something and they're not called royalties. They're called residuals, I believe.
President, Association des réalisateurs et réalisatrices du Québec
I'm sorry; where?
Conservative
Dane Lloyd Conservative Sturgeon River—Parkland, AB
An actor in the United States, for example, gets paid a residual.
Conservative
Dane Lloyd Conservative Sturgeon River—Parkland, AB
Any time there's a rerun, they get a cheque in the mail.
Conservative
Dane Lloyd Conservative Sturgeon River—Parkland, AB
Is that currently the case in Canada? Do actors receive residuals?
President, Association des réalisateurs et réalisatrices du Québec
Yes, it's the same way. That's why in my films or television—because I have done television as well—the actors I direct all get
neighbouring rights.
They do get paid. I'm the only one who doesn't get paid for secondary use.
Conservative
Dane Lloyd Conservative Sturgeon River—Parkland, AB
The artists who make the cinematic soundtracks are also telling us that they're not getting any royalties.
President, Association des réalisateurs et réalisatrices du Québec
I'm not a musician, but they get reproduction rights and they do license their music to the director.
As I say, I'm paid for the original use for my services and the original licence, but it's collecting royalties for secondary uses that's a problem.
Conservative
Dane Lloyd Conservative Sturgeon River—Parkland, AB
Thank you. That's very illuminating.
My next questions are for Telus.
You're talking about PVRs. I've used a timed recording thing myself. I just want some clarification.
Every time an individual makes a recording, you maintain a copy of each individual's recording. What you would like this committee to recommend is that there would be just one recording that would be kept.
Is there a legal requirement that you are to keep every individual recording? Why should this committee recommend what you are asking?
Vice-President, Broadcasting Policy and Regulatory Affairs, TELUS Communications Inc.
Under the act presently, in order to avoid liability as a network provider, we would have to store an individual copy. For each person who records, we store that individual copy.
We're suggesting that's extremely inefficient, and it would require excessive duplication of memory storage, which ultimately is not conducive to additional innovation, because it's costly—