Re:Sound’s Application for a Judicial Review of the Tariff 8 Decision.
(Thank you Melissa for publishing this post for me)
Recently Alan Doyle tweeted on Twitter Alan Doyle @alanthomasdoyle “Tariff 8. Frigsakes. Musiccanada.com/news” and an article about the Tariff 8. 17 June 2014.
(no copyright infringement intended)
TORONTO, June 16, 2014 /CNW/ - We, the undersigned, firmly support Re:Sound's Application for Judicial Review of the Copyright Board's Tariff 8 decision setting royalty rates for webcasting services in Canada.
The Tariff 8 decision is a serious setback for the music community in Canada, for artists and the music companies who invest in their careers. The decision discards years of agreements freely negotiated between digital music service providers and the music industry and sets rates for music webstreaming services in Canada that are less than 10% of the rates that the same services pay in the United States and many other countries. The Board set the rates based on what it considered to be "fair and equitable", but in doing so, discarded existing market rates at which digital music service providers had been operating in Canada.
The Board's decision comes as the result of an inherently flawed system that lacks clear criteria for rate-setting and allows the Board to reject market rates. The Board had no statutory or regulatory obligation to take into account existing agreements on webcasting royalties that have been successfully negotiated between the music industry and its business partners for these services. The resulting rates ignore international standards that support the growth and development of the industry in the world marketplace. Canada, in fact, stands alone among its major trading partners – including the United States, Australia, the United Kingdom, France andthe Netherlands – in its adherence to a mandatory tribunal process that determines royalties without regard for what currently works in the marketplace.
It is clear that a legislative framework that ignores the reality of the marketplace is one that will continue to harm the business climate and create market uncertainty, delaying the entry of new services into the Canadian marketplace. Indeed, many of the Copyright Board's decisions on major new tariffs have been the subject of Judicial Review by the Federal Court of Appeal, creating years of delay and uncertainty.
From 1999-2012, Canadian recorded music sales decreased by more than 50%. Establishing rates in Canada that are reflective of both market and international rates is critical for Canadian artists whose livelihood depends on earning a decent living wage from their profession, for music companies who actively develop and nurture Canadian talent throughout the world, and for all Canadians who value a healthy and prosperous music industry.
Adagio Music
Alberta Music
Analekta
Aporia Records
Aqua Sound Entertainment
Association québécoise de l'industrie du disque, du spectacle et de la video (ADISQ)
Audiogram
Awesome Music
Boompa Records
Boonsdale Records
Borealis Records
Canadian Council of Music Industry Associations (CCMIA)
Canadian Federation of Musicians (CFM)
Canadian Independent Music Association (CIMA)
C-Weed Band
Coalition Music
La Compagnie Larivée Cabot Champagne
Cordova Bay Entertainment Group
Crystal Math Music Group
Curve Music
Dare To Care
Dine Alone Records
Disques Artic
Equator Music
File Under:Music
Greg Kavanagh Music
Groundswell Music
Independent Digital Licensing Agency
Instinct Musique
Justin Time Records
Linus Entertainment
Manitoba Music
Maple Music Recordings
Marquis
MDM Recordings
Mr. Label
Music and Film in Motion
Music BC Industry Association
Music Canada
Music/Musique NB (MNB)
Music Newfoundland & Labrador (Music NL)
Music Nova Scotia
Music Ontario
Music Prince Edward Island
Music Yukon
Nettwerk Music Group
Opak Media
Paper Bag Records
Passeport
Play Records/Play Digital
Productions Benannah
Royalty Records
Remedy Music
SaskMusic (The Saskatchewan Recording Industry Association)
Secret City Records
Six Shooter Records
Sonic Envy
Sonic Records
Sonic Unyon
Sony Music Entertainment Canada
Sparks Music
SRO-Anthem
Stomp Records
Stony Plain Records
The Children's GroupTonic Records
True North Records
Universal Music Canada
URBNET Records
Warner Music Canada
Wax Records
Recently Alan Doyle tweeted on Twitter Alan Doyle @alanthomasdoyle “Tariff 8. Frigsakes. Musiccanada.com/news” and an article about the Tariff 8. 17 June 2014.
So being a little bit curious I went to have a look at what Tariff 8 was all about. I found an interesting article on the Internet “Artists & Music Companies Support Re:Sound Application for Judicial Review of Copyright Board Tariff 8 Decision” that was supporting amusic organisation’s review of the copyright board’s tariff 8 decision on royalty rates for webcasting services.
Alan Doyle has a contract with Universal Music Canada (Boy on Bridge) and Great Big Sea with Warner Music Canada. Both Universal Music Canada and Warner Music Canada signed the agreement below.
Artists & Music Companies Support Re:Sound Application for Judicial Review of Copyright Board Tariff 8 Decision on Music Canada 16 June 2014 at http://cnw.ca/l851B
(no copyright infringement intended)
TORONTO, June 16, 2014 /CNW/ - We, the undersigned, firmly support Re:Sound's Application for Judicial Review of the Copyright Board's Tariff 8 decision setting royalty rates for webcasting services in Canada.
The Tariff 8 decision is a serious setback for the music community in Canada, for artists and the music companies who invest in their careers. The decision discards years of agreements freely negotiated between digital music service providers and the music industry and sets rates for music webstreaming services in Canada that are less than 10% of the rates that the same services pay in the United States and many other countries. The Board set the rates based on what it considered to be "fair and equitable", but in doing so, discarded existing market rates at which digital music service providers had been operating in Canada.
The Board's decision comes as the result of an inherently flawed system that lacks clear criteria for rate-setting and allows the Board to reject market rates. The Board had no statutory or regulatory obligation to take into account existing agreements on webcasting royalties that have been successfully negotiated between the music industry and its business partners for these services. The resulting rates ignore international standards that support the growth and development of the industry in the world marketplace. Canada, in fact, stands alone among its major trading partners – including the United States, Australia, the United Kingdom, France andthe Netherlands – in its adherence to a mandatory tribunal process that determines royalties without regard for what currently works in the marketplace.
It is clear that a legislative framework that ignores the reality of the marketplace is one that will continue to harm the business climate and create market uncertainty, delaying the entry of new services into the Canadian marketplace. Indeed, many of the Copyright Board's decisions on major new tariffs have been the subject of Judicial Review by the Federal Court of Appeal, creating years of delay and uncertainty.
From 1999-2012, Canadian recorded music sales decreased by more than 50%. Establishing rates in Canada that are reflective of both market and international rates is critical for Canadian artists whose livelihood depends on earning a decent living wage from their profession, for music companies who actively develop and nurture Canadian talent throughout the world, and for all Canadians who value a healthy and prosperous music industry.
Adagio Music
Alberta Music
Analekta
Aporia Records
Aqua Sound Entertainment
Association québécoise de l'industrie du disque, du spectacle et de la video (ADISQ)
Audiogram
Awesome Music
Boompa Records
Boonsdale Records
Borealis Records
Canadian Council of Music Industry Associations (CCMIA)
Canadian Federation of Musicians (CFM)
Canadian Independent Music Association (CIMA)
C-Weed Band
Coalition Music
La Compagnie Larivée Cabot Champagne
Cordova Bay Entertainment Group
Crystal Math Music Group
Curve Music
Dare To Care
Dine Alone Records
Disques Artic
Equator Music
File Under:Music
Greg Kavanagh Music
Groundswell Music
Independent Digital Licensing Agency
Instinct Musique
Justin Time Records
Linus Entertainment
Manitoba Music
Maple Music Recordings
Marquis
MDM Recordings
Mr. Label
Music and Film in Motion
Music BC Industry Association
Music Canada
Music/Musique NB (MNB)
Music Newfoundland & Labrador (Music NL)
Music Nova Scotia
Music Ontario
Music Prince Edward Island
Music Yukon
Nettwerk Music Group
Opak Media
Paper Bag Records
Passeport
Play Records/Play Digital
Productions Benannah
Royalty Records
Remedy Music
SaskMusic (The Saskatchewan Recording Industry Association)
Secret City Records
Six Shooter Records
Sonic Envy
Sonic Records
Sonic Unyon
Sony Music Entertainment Canada
Sparks Music
SRO-Anthem
Stomp Records
Stony Plain Records
The Children's GroupTonic Records
True North Records
Universal Music Canada
URBNET Records
Warner Music Canada
Wax Records
hashtags #tariff8 and #IStand4Music.
(Thank you to my friend Melissa for publishing this post for me)
In this article “Do You Stand for Music? Speak Out Against Tariff 8?” posted on July 17, 2014 by the Manitoba Music webpage states “the rates set for commercial webcasters is 10. 2 cents per 1, 000 plays while the CBC tariff is set at 13.1 cents per 1,000 plays”. I find this disturbing and disgraceful artists or musicians could be paid this for the use of their music.
The article goes on to describe how concerned people can show support for the cause on Facebook and Twitter.
“Do You Stand for Music? Speak Out Against Tariff 8?” Posted on July 17, 2014 by Manitoba Music (no copyright infringement intended)
On May 16, the Copyright Board of Canada released a long-awaited decision on royalty rates for streaming services. This decision, called Re: Sound Tariff 8 - Non-Interactive & Semi-Interactive Webcasts, 2009-2012, set the rate for commercial webcasters at 10.2 cents per 1,000 plays, while the CBC tariff is set at 13.1 cents per 1,000 plays – a massive setback for the Canadian music community, and for the artists and music companies that invest in their careers.
To put these rates into perspective:
- An artist would need 12,647 plays to be able to pay for a download of their own song.
- More than 16,000 plays would be needed to purchase a medium Tim Hortons coffee.
- More than 4 million plays would be needed to fill up a tour bus with a tank of gas!
In light of this, the music industry has banded together to show its opposition to Tariff 8. CIMA, Music Canada, ADISQ and CCMIA released a joint statement in support of Re:Sound’s application for judicial review of the Tariff 8 decision a few weeks. To date, over 70 record companies from across the country have signed onto the joint statement. The list of supporting companies is growing by the hour – and we’ve joined the fight!
But our advocacy efforts can’t stop there. We still need your help to make sure that the government hears our message loud and clear.
If you’d like to show your support for the music community in its battle against Tariff 8, please like our "I Stand For Music" Facebook page. If you’re on Twitter, please join the conversation using the hashtags #tariff8 and #IStand4Music.
