No to Bill C-32: creators speak out!
During the fall of 2010, Bill C-32 made headlines in the news media. On November 30, members of Quebec’s creative community continued to mobilize by gathering on Parliament Hill in Ottawa to protest the modernization of the Copyright Act, which will do away with certain sources of royalties and expropriate creators’ rights in the digital economy. A similar event, to which all members of Canada’s creative community will be invited, is scheduled for early February 2011. You will be provided with the relevant information after the Holiday Season, in January 2011.
Bill C-32 affects the basic principles of copyright. SODRAC has undertaken consultations with sector organizations with a view to promoting its positions on issues of concern to you. SODRAC’s representatives have also attended meetings with MPs from all parties, primarily since the legislative committee charged with studying Bill C-32 was created, with a view to emphasizing the importance of modifying the proposed legislation and safeguarding your rights and royalties.
Although the House of Commons and the legislative committee have now adjourned until late January 2011, SODRAC will be actively pursuing its representations to MPs aimed at outlining the amendments that will be required to ensure a balanced Copyright Act.
A summary of Bill C-32’s provisions that affect your rights was included in the October issue of Replica. For further information on the Bill’s main provisions, please consult the Bill C-32 section of our website or visit www.cultureequitable.org (French only). Members seeking further information or who would like to get involved should email us (C‑email@example.com) or call Alain Lauzon, General Manager, at 514-845-3268, ext. 243.
Thank you for your support and for taking part in the initiatives we are promoting. Your participation is essential!
On behalf of myself and my colleagues on SODRAC’s Board of Directors, I would like to extend my best wishes for the Holiday Season and the New Year.
Chairman, Board of Directors
Unanimous resolution of the National Assembly denounces Bill C-32
On November 18, 2010, Quebec’s National Assembly unanimously approved a resolution by Yves-François Blanchet, publisher/SODRAC member, MNA for Drummond and official opposition spokesman for culture and communications, denouncing Bill C-32 and calling for major changes to the proposed legislation. The following is an unofficial translation of the motion:
“The National Assembly recognizes the crucial role played by content creators and acknowledges the importance of intellectual property in Quebec’s economic model for the arts and culture. The National Assembly also shares the concerns of the artistic community, particularly in the music and literary publishing sectors, and calls on the federal government to make all necessary changes to Bill C-32 concerning copyright with a view to ensuring that Quebec creators enjoy full recognition of their rights and adequate safeguards against illegal copying of their works, in addition to applying the principle of private copying and ensuring that creators’ revenues are commensurate with the value of their intellectual property.”
This resolution provides timely support for the efforts of the creative community, which continues to rally in opposition to the federal government’s proposed legislation.
TV: retroactive royalties for TVA Group Inc.’s specialty channels
Last April, SODRAC announced that it had concluded a new agreement with TVA Group Inc. covering reproductions of your works by Quebecor Media’s six speciality channels: addikTV (formerly Mystère), Argent, Casa (formerly Idées de ma maison), LCN, Prise 2 and Yoopa, in addition to use thereof on conventional TV. The agreement is retroactive to 2004-2008 (with the exception of Yoopa, which has only been operating since 2010).
addikTV (formerly Mystère)
2005-2006-2007-2008 Argent 2005-2006-2007-2008
Casa (formerly IDM/Idées de ma maison)
2008 LCN 2004-2005-2006-2007-2008
Operating since 2010
At our request, TVA Group provided us with documents in its possession relating to programs broadcast from 2004 to 2008. The information for LCN will enable us to distribute royalties as normal. As regards the other channels, however, in order to complete the information we have on file and to ensure that the monetary amounts collected accurately reflect actual use, we are asking SODRAC members to provide us (by June 30, 2011) with music cue sheets and all other relevant documents relating to audiovisual productions broadcast on TVA Group channels through the end of 2008.
Based on the information gathered, royalties will be distributed in accordance with the applicable audiovisual royalty distribution policy and in conjunction with the 2009 royalty distribution for those channels.
For further information, please contact Clément Baille, agent, audiovisual department, at (514) 845-3268, ext. 258 or firstname.lastname@example.org. Thank you in advance for your kind cooperation.
TV: distribution of Radio-Canada reproduction royalties
Under our general agreements with broadcasters such as Société Radio-Canada/Canadian Broadcasting Corporation (SRC/CBC), you have been receiving reproduction royalties for use of your works on conventional TV for several years.
However, your works are increasingly being used on new platforms, such as TOU.TV, and are also being synchronized with TV broadcasters’ in-house productions. Having been unable to reach a new agreement with SRC/CBC covering those platforms and a new economic model favourable to our members, SODRAC defended your interests before the Copyright Board of Canada during the joint hearing of our arbitration requests with SRC/CBC and 10 Astral Group specialty channels, as mentioned in the June 2010 issue of Replica.
For SRC/CBC, our arbitration request pertains to the value of reproduction and 1st integration (synchronization) royalties for all uses of your works over the 2008-2012 period. On December 15, 2010, SODRAC distributed the royalties collected from SRC/CBC for 2009. Depending on the Board’s ruling, we hope to be in a position to pay additional royalties to our members for 2009 as part of a subsequent distribution.
TV: distribution of TV5 royalties
On December 15, 2010, SODRAC distributed royalties collected in connection with Canadian programs broadcast on TV5 around the world (except in Canada). This distribution, previously designated as “TV5 Europe”, is now called as “TV5 Worldwide excluding Canada”.
This distribution covered reproductions of your works for programs broadcast in Africa, Asia, Europe, the Far East and the US. The amount of the royalties was weighted based on country of origin.
TV5 Canada royalties will continue to be distributed separately.
Visual arts and crafts
Reprographics: distribution of two years of COPIBEC royalties
On December 15, 2010, SODRAC distributed the reprographic royalties received from COPIBEC the previous week. For eligibility purposes, at least one of your works must have been published in a book, magazine or newspaper in Quebec between January 1, 2006 and December 31, 2009.
Please note that this distribution covered two years of royalties placed in reserve by COPIBEC for creators in the visual arts and crafts fields, rather than a single year as is usually the case. In 2011, COPIBEC will be making another type of distribution; next spring, SODRAC will provide you with information on the eligibility conditions.
International: SODRAC attends the CIAGP conference (Nov. 2-3, 2010)
The member associations of the International Council of Creators of Graphic, Plastic and Photographic Arts (CIAGP) gathered in New York in early November for their annual conference. Gilles Lessard, Manager, Visual Arts & Crafts, attended the event, at which a number of royalty management topics were discussed.
The participants were briefed on recent developments in Europe, the US and Australia concerning resale rights, as well as on progress on an online licensing system for copyright management societies pertaining to use of their members’ works on the Internet and the implementation of professional rules designed to facilitate inter-organizational data exchanges.
CIAGP members also adopted a motion expressing their concerns over Bill C-32 and sent a letter to the Canadian Prime Minister.
On behalf of myself and all SODRAC employees, I would like to wish you and your families a very merry Christmas and a happy and successful 2011!