Bill C-18, the Online News Act, is best known for two things: the government’s bad bet that Meta was bluffing when it said it would block news links in response to a system that mandated payments for links (news links have now been blocked for 10 months in Canada) and its attempt to salvage the legislation by striking a deal with Google worth $100 million annually. The Google deal has receded into the background, but the behind the scenes there is an intense battle over who will be selected to administer and allocate the annual $100 million. The outcome – which will be decided by Google by June 17th – will have enormous implications for Canadian media for years to come since it is anticipated that Google and the selected collective will negotiate a five year deal worth $500 million. Sources say that two proposals have emerged: a big media consortium led by News Media Canada (NMC), the Canadian Association of Broadcasters (CAB), and the CBC, pitted against a proposal spearheaded by a group of independent and digital publishers and broadcasters that is promising a more transparent and equitable governance approach.
Post Tagged with: "cab"
The Broadcasters’ Online News Act Submission: Demanding An Even Bigger Piece of the Bill C-18 Pie for Bell, Rogers and the CBC
The government has yet to release its final regulations for the Online News Act, but recent comments from News Media Canada seemed to suggest that it is hoping to find common ground with Google, stating that it supports the company’s proposed amendments to Bill C-18 draft regulations. While that may be a long shot – I posted that Google’s call for legislative changes signals that it has arrived at the conclusion that regulations alone cannot fix the foundational flaws in the law – the Canadian Association of Broadcasters has created yet another complication. The lobby group representing private broadcasters such as Bell and Rogers isn’t looking to find a compromise position. Instead, its submission indicates that wants all broadcasters (which given the law would include the CBC) to get an even bigger portion of the potential Bill C-18 revenues by expanding the definition of “journalist” to include everyone from sound and video engineers to researchers and fact checkers. The expansive definition prioritizes many broadcasting jobs, which would mean conventional newspaper services likely would get even less than the current estimate of 25% of revenues.
Canadian Broadcasters Seek Overhaul of Radio Copyright Fees Post-C-11 & Fair Dealing Decisions
The Canadian Association of Broadcasters has applied to the Copyright Board of Canada for a radical overhaul of the current fees paid by radio stations for commercial radio reproduction of music. The CAB argues that in light of copyright reforms in Bill C-11 and the Supreme Court of Canada’s rulings on fair dealing, there is no legal basis for several tariffs proposed by CMRRA-SODRAC (CSI), AVLA, and ACTRA and that the rate on earlier approved tariffs should be significantly reduced.
The CAB position on the impact of the law is that:
The result of the changes to the Copyright Act made by the Copyright Modernization Act, when combined with the fair dealing right as applied in ESA, is to eliminate or significantly reduce the liability of radio broadcasters for the reproductions made by them in the course of their broadcasting activities. Even the reproduction collectives agree that the legislative changes alone will eliminate most liability of radio broadcasters for reproductions of music.
CAB To Shut Down
The Canadian Association of Broadcasters will shut down in June. The organization reportedly struggled to find common ground between broadcasters and cable operators.
Canadian Association of Broadcasters on Copyright Reform
The Canadian Association of Broadcasters has posted its copyright consultation submission. The CAB argues that the ratification of the WIPO Internet treaties should not be the primary driver of new reforms and that user rights are an integral part of Canadian copyright.
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