Industry committee  Thank you very much, Mr. Chairman. Good afternoon, members of the committee. My name is Jay Kerr-Wilson. I'm a partner with Fasken Martineau and am appearing today on behalf of the Business Coalition for Balanced Copyright, or BCBC. The members of BCBC include Bell Canada, Rog

Industry committee  I'll start. I do spend quite a bit of time appearing before the Copyright Board. Speed and retroactivity of decisions were a large concern for a number of users of the Copyright Board, on both the collective side and the licensee side. The measures put in place, or proposed in B

Industry committee  That was an issue where there was almost unanimity amongst users of the Copyright Board. In every decision, you're going to have someone who's happier than someone else, but everyone agreed that decisions had to get out more quickly. We were dealing with situations where the boa

Industry committee  Yes, I was.

Industry committee  My name is Gerald. I often go by Jay, and I'm known as Jay, so it's sort of a Stephen-Steve issue.

Industry committee  Yes.

Industry committee  No. Shaw is a member of the BCBC. Shaw's position was Shaw's position in this. I'm here for BCBC, but there are no differences.

Industry committee  Can I get some clarification? Do you mean opening up the Copyright Board process?

Industry committee  I think the challenge is that the Copyright Board was conceived as a replacement for market negotiations. You have a monopoly. You can't have a market negotiation, so you bring the buyer and the seller together in a regulated price. There really wasn't any room for public interes

Industry committee  Sure, and I think the first response is that if there's no Canadian licensee for the content, then there's no Canadian plaintiff to bring an infringement action. If programming is produced in a third country, it's entitled to copyright protection in Canada and the copyright owner

Industry committee  That's correct. The problem we have is that these boxes are very sophisticated, so many consumers will see an interface that looks very professional. It looks like the menu from a legitimate service and they enter their credit card information. They can be misled into thinking t

Industry committee  I would be very cautious about defining a market that includes unauthorized and illegal sources as part of that market, because you're distorting—

Industry committee  I disagree with the premise, because Game of Thrones is available in Canada from a Canadian licensee. The entire market of content, whether it's Canadian content or foreign content, is—

Industry committee  I guess. Could you restate the question?

Industry committee  I think players operating in a legitimate market, without unauthorized and illegal alternatives or competitors, will have to respond to consumer demand. Any licensee will have to respond to consumer demand or they risk not getting a return. If you can't sell enough subscriptions