Canadian Heritage Minister Steven Guilbeault is set to introduce his “Get Money from Web Giants” Internet regulation bill on Monday (update: the bill is on the notice paper, but may be delayed until Tuesday). Based on his previous public comments, the bill is expected to grant the CRTC extensive new powers to regulate Internet-based video streaming services. In particular, expect the government to mandate payments to support Canadian content production for the streaming services and establish new “discoverability” requirements that will require online services to override user preferences by promoting Canadian content. The government is likely to issue a policy direction to the CRTC that identifies its specific priorities, but the much-discussed link licensing requirement for social media companies that Guilbeault has supported will not be part of this legislative package.
Post Tagged with: "internet streaming"
Heritage Minister Steven Guilbeault’s “Get Money from Web Giants” Internet Regulation Bill: An Unauthorized Backgrounder
Canada’s Internet Music Success Story: SOCAN’s Canadian Internet Streaming Revenues Surpass Radio Royalties
While the music industry continues to focus on a so-called “value gap” that does not reflect the state of Canadian law, mounting data also suggests that it does not provide an accurate depiction of the revenues being generated in Canada today from Internet streaming. SOCAN, Canada’s largest music copyright collective, last week reported preliminary numbers for 2018, with the data indicating that Internet streaming revenues have now hit $62 million, likely surpassing both radio and television royalties as its second largest source of domestic revenues. In fact, Internet streaming now accounts for 22 per cent of SOCAN’s domestic revenues and will almost certainly become its largest domestic revenue source in 2019.
Canada’s Tough Anti-Piracy Copyright Law: Federal Court Awards Millions in Damages Against Unauthorized Streaming Site
When the Bell coalition filed its website blocking application earlier this year, the immediate response from Innovation, Science and Economic Development Minister Navdeep Bains was to point to the strength of existing copyright law:
We understand that there are groups, including Bell, calling for additional tools to better fight piracy, particularly in the digital domain. Canada’s copyright system has numerous legal provisions and tools to help copyright owners protect their intellectual property, both online and in the physical realm. We are committed to maintaining one of the best intellectual property and copyright frameworks in the world to support creativity and innovation to the benefit of artists, creators, consumers and all Canadians.
I emphasized the point in my first post making the case against site blocking, arguing that Canada already has many legal provisions designed to assist copyright owners.
Canadian Heritage Minister Melanie Joly announced via Twitter yesterday that the government has asked the CRTC to reconsider its TV licensing decision from earlier this year that established a uniform broadcaster spending requirement of 5 percent on programs of national interest (PNI, which includes dramas, documentaries, some children’s programming, and some award shows). The decision, which would lead to a reduction of mandated spending for some broadcasters, sparked a strong lobbying campaign from various cultural groups who claimed the decision would result in hundreds of millions in reduced spending on Canadian content. While the government’s decision should not come as a surprise – siding with the creator groups against the CRTC makes political sense – no one should confuse it with good policy. Indeed, the reality is that the CRTC’s belief that the digital market would create the right incentives for investment is increasingly borne out by recent developments that suggest Canadian broadcasters have few alternatives other than to develop their own original programming.
While the dispute is now before the Canadian Radio-television and Telecommunications Commission – Quebecor claims Bell is violating the legal requirement against “undue preferences”- more interesting is Bell’s claim about the value of Sun News Network signal.
According to Mirko Bibic, senior vice-president of regulatory affairs at Bell Canada, the market value of Sun News Network is zero because Quebecor makes the signal available free over-the-air in Toronto and is currently streaming it free on the Internet. Given the free access, Bell maintains that the signal no longer has a market value.
My weekly technology law column (Toronto Star version, homepage version) notes Bibic’s comment may be posturing for negotiation purposes, but it highlights the larger problem for Canadian broadcasters and broadcast distributors such as cable and satellite providers.