My series on why the Industry committee rightly chose to ignore the Canadian Heritage committee study on artist remuneration took an unexpected turn yesterday. Hours after I posted an analysis demonstrating that the Heritage committee had ignored its mandate by tabling its report in the House of Commons, the Industry committee issued an unprecedented news release confirming that it did not consider the Heritage report and that its report is the exclusive copyright review. The news release states:
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“Sole Responsibility” for the Copyright Review: Industry Committee Issues Unprecedented News Release Confirming It Was Right To Ignore the Canadian Heritage Committee Study
Miranda Mulholland, a Toronto-based musician and music label owner, delivered an exceptionally passionate, accessible, and deeply personal keynote speech last week to the Economic Club of Canada. Mulholland’s talk was notable not only for providing an artist’s perspective, but for coming ready with next steps for everyone. She urged artists to create and protect their intellectual property, consumers to create playlists, write reviews, go to shows, and subscribe to digital music services, the music industry to be upfront about payment, to better support artists (including providing daycare services), and to pay for tickets to their own artists (Kate Taylor offered her take on the talk here, which includes an incredible comment from Music Canada that it wants only a level playing field, not public money. Music Canada has spent the last few years successfully lobbying for tens of millions in taxpayer support from provincial governments).
Given the active support from Music Canada for the event, her recommendations for policy makers were a core part of her message and largely mirror those of the industry. Unlike the 2010-2012 copyright reform process, piracy is no longer a key issue. Indeed, the issue of peer-to-peer file sharing and unauthorized downloading was not even mentioned in the speech. With the Canadian digital music market enjoying remarkable growth – Canada leaped ahead of Australia last year to become the 6th largest music market in the world and SOCAN generated record revenues – the industry focus is no longer on whether the public is paying for music (they are) but whether they are paying enough.
In the decade of lobbying leading up to the reform of Canadian copyright law in 2012, copyright lobby groups had one core message: Canada needed to implement and ratify the World Intellectual Property Organization’s Internet treaties. While many education, consumer, and business groups expressed concern that the digital lock rules in the treaties would harm innovation, the industry was insistent that the treaties represented an essential component of digital copyright reform.
My op-ed for the Hill Times notes that the lobbying campaign was successful as Canada proceeded to implement and ratify the treaties. The legislation is still relatively new, but in a stunning reversal, one of the leading lobby groups now says that the drafters of the WIPO Internet Treaties were just guessing and suggests that they guessed wrong.
Canadian Copyright Extension Set To Pass Committee As Recording Industry Lobbyist The Only Copyright Witness
The government’s decision to extend the term of copyright for sound recordings to 70 years appears set to pass through the Standing Committee on Finance with practically no debate or analysis. The committee will conduct its clause-by-clause review later today and there is no reason to believe that any changes will be made to the copyright provisions. The committee has conducted extremely limited hearings with only one witness invited to discuss the copyright extension: Graham Henderson, the President of Music Canada (formerly the Canadian Recording Industry Association).
Given the previously released personal letter from Prime Minister Stephen Harper to Henderson on the day of the budget confirming the copyright extension, along with the extensive lobbying on the issue by his organization, it comes as little surprise to find that Henderson was the sole witness invited to appear on the issue as the entire policy change has been driven by record industry lobbying. Yet as Henderson invoked Paul Anka – an accomplished songwriter who undoubtedly generates more revenue from his works that will remain under copyright for many more decades than from sound recordings – the committee heard only press release style comments on the benefits of the change with background documents that cited no specific studies nor hard data about the impact of the reforms.