The Canadian Federation of Musicians

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May 21, 2021

Submission from The Canadian Federation of Musicians
RE: Copyright act review

Who are we

The Canadian Federation of Musicians is the Canadian operation of the American Federation of Musicians of the United States and Canada, the largest entertainment union in the world. The national office is located in Toronto, with twenty-five locals across ten provinces and 17,000 members.

Summary of recommendations

Many Canadian recording artists and professional musicians have captivated international markets and left their mark at the top of the charts. We have much to offer the world because we are a society that values creativity and innovation. Our government must ensure that its policies and regulations reflect the value we have for our creative community and the arts. This consultation should lay the foundation for the regulatory and policy tools and financial support needed to ensure that Canadian professional musicians thrive in the digital environment now and for the years ahead.

Copyright for recording artists and musicians - Changes to the Copyright Act must begin with this consultation if recording artists, professional musicians and other content creators are to succeed in a digital, globalized world.

  1. Amend the definition of sound recording: The current definition of “sound recording” in the Copyright Act needs to be amended so that performers can collecting royalties when their recorded performances of music on the sound tracks of audiovisual works, such as TV programs and movies, are broadcast or streamed on the Internet and when they are presented in movie theatres.
  2. Remove the $1.25 Million royalty exemption for commercial broadcasters: Amending the Copyright Act to remove this unnecessary exemption for commercial radio would add millions of dollars’ worth of royalties for recording artists.
  3. Expand private copying to include new copying technology: In the course of this consultation the government should undertake to prepare the necessary legislative changes needed to update the private-copying regime to reflect advances in digital copying technology.
  4. Reform the copyright board: Improvements to the operations and practices of the Copyright Board, which are procedural and regulatory in nature, need to be addressed and implemented as soon as possible.
  5. Reducing piracy in the digital world: Our cultural policies and laws must offer a practical response to piracy, that better aligns how Canadians consume content, and that helps Canadian professional musicians and other content creators succeed in a digital, global market.
  6. Canadian content - Valuing culture through up-to-date legislation, funding innovation and creativity, and education is key to having a strong society, a vibrant democracy, and to promoting Canadian cultural content to the world. Cancon regulations must extend into the digital environment, to allow Canadian to make exercise choice and preference when searching for Canadian stories, audiovisuals and music.
  7. Runaway post-production: We urge the Minister of Canadian Heritage to make changes to the CAVCO qualifications in order to disincentive domestic media producers from using off-shore musicians to record music scores for Canadian movies, television and Online productions and require recording in Canada by Canadian musicians. Taxpayers’ money should go to Canadian artists, to keep Canadians employed, not sent overseas.
  8. Funding for musicians: We encourage the federal government to continue to support the Canadian music industry through a series of direct and indirect measures.
  9. Canadian content regulations: We urge the government to work with the music community to transition content quotas and the MAPL designation from an analog to a digital world.
  10. Supporting venues for live performance: The federal government needs to work with provincial and local governments to ensure that there is adequate tax incentives to support venues where recording artists can perform live, with employer accountability to ensure the artists are properly remunerated.
  11. Music education: We recommend that governments at all levels work together to maintain and improve music learning in our public schools.
  12. Exporting Canadian musicians: We ask that the government follow through with its commitment, made in the Music Industry Review, to improve funding and support for Canadian musicians touring domestically and internationally.
  13. Status of the artist legislation must apply to Big Tech Online productions and undertakings as it does to traditional broadcast, film and Television undertakings, to ensure that the artists’ unions are able to compel these giant corporations to bargain fair wages, conditions, benefits and content use and distribution.
  14. The Beijing Treaty must be ratified and enacted to ensure that artists receive proper royalties for their audiovisual work.
  15. Protection of performers’ exclusive rights: Many new companies around the world are offering to purchase musicians’ complete catalogues, for a small up-front fee. However, the deal compels the musicians to sign over all composer, publishing and performer rights, as well as a waiver on moral rights. In addition, the company requires that the musicians resign from any collective management society which would have represented their copyright around the world. These companies (e.g. Epidemic Sound) then are free to offer “royalty free” music and sound effects in all markets. The result is twofold – music represented by legitimate societies and publishers is avoided, in favour of the royalty-free product, and worse, the musicians can never again receive any remuneration from the use of their music, in perpetuity. Not only does this perpetuate the low income situation for musicians, but is a disincentive for young artists to choose music as a profession.

    Laws must be created to prevent companies from usurping artists’ rights, and make them truly inalienable.

Thank you for allowing us to make this submission. If you require further information, please contact:

Alan Willaert
AFM Vice-President from Canada awillaert@afm.org

Canadian Federation of Musicians
150 Ferrand Dr., Ste. 202,
Toronto, ON M3C3E5
(416) 391-5161 x227