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  • CAB - Current Copyright Activities
    the best opportunity to date to achieve balance in copyright and we are working hard to support the passage of this Bill Broadcasters Support Bill C 32 Reproduction Rights Letter Update on Status of CAB from the CAB Chair Submissions

    Original URL path: http://www.cab-acr.ca/english/copyright/reference.shtm (2015-04-05)
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  • CAB - Current Copyright Activities
    a key priority Bill C 32 presents the best opportunity to date to achieve balance in copyright and we are working hard to support the passage of this Bill Name

    Original URL path: http://www.cab-acr.ca/english/copyright/contact.shtm (2015-04-05)
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  • CAB - Current Copyright Activities - Eleciton Update
    being debated by a Legislative Committee until March 24 2011 has now met the fate of its three immediate predecessors and died on the order paper While it was still under active consideration the CAB and its members supported Bill C 32 The death of Bill C 32 does not mean that the efforts of the CAB and all its members in support of Bill C 32 were in vain Private broadcasters came together in an unprecedented show of solidarity and support for copyright reforms in an effort to fix a broken copyright framework This support was demonstrated through an appearance and numerous written submissions to the Legislative Committee in person meetings and on air interviews with politicians as well as the widespread airing of a PSA in support of Bill C 32 While we cannot predict the outcome of the federal election it is important to note that a bill that has died on the order paper can be reintroduced as a new bill with a new bill number in the next session of Parliament The CAB will support any bill that seeks to address the existing inadequacies of the Copyright Act by providing broadcasters and other value creating

    Original URL path: http://www.cab-acr.ca/english/copyright/election.shtm (2015-04-05)
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  • CAB - Current Copyright Activities - Broadcasters Support Bill C-32
    record labels and performers to play their music on radio totalling 115 million in one year This is 5 times greater than the level it was at nine years ago There is no free ride for broadcasters The music industry claims that broadcasters would be getting a free ride with the adoption of Bill C 32 That s not the case Broadcasters will continue to pay to broadcast music and are committed to promote local and national talent everywhere in Canada the same way we always have Broadcasters are an essential part of the digital economy The digital economy has presented challenges and opportunities for everyone in the cultural sector The music distribution technology used to convey content to broadcasters has evolved and so have we Today we receive music files in digital formats from record labels We work with these digital files to prepare our programming line ups for our airwaves We know that while other participants in the cultural sector have had a hard time adapting to new technologies we have been constantly upgrading in order to provide the best service for our listeners and the best promotion for Canadian artists Broadcasters are not the root cause of the music industry s problems or its long term solution As a result of our commitment to achieving success in the digital economy we are still the number one promoter of new music in Canada No one wants to pay multiple times for the same thing we pay to play music on air and that s fair But the current and excessively complex system forces us to make additional payments to an unmanageable number of collectives for purely technical digital file copies we make to get music to air and for which we yield no revenue that s simply unfair

    Original URL path: http://www.cab-acr.ca/english/copyright/c32.shtm (2015-04-05)
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  • CAB - Current Copyright Activities - Reproduction Rights
    employ these people and they no longer have to produce costly CDs At our end broadcasters have invested considerable amounts of time money and equipment to meet the demands of the digital era including upgrades to programming equipment servers and highly qualified staff In return the quality of programming has also increased The IT professionals required to manage the digital transition are a scarce and valued resource It is naïve to imagine that the requirement to hire IT professionals is cost efficient It is a myth to think that the reproduction right payments made by radio broadcasters go to budding young artists and musicians Young artists and musicians are proudly supported by radio airplay and promotion as well as Canadian Content Development funding Critical public policy decisions should be based on an accurate assessment of the true relationship between different stakeholders not glib assumptions based on one sided propaganda There has been much discussion about the outflow of royalties to foreign multinationals The primary reason for this is the certification by the Copyright Board of a reproduction right tariff for AVLA SOPROQ the collecting society that represents major record labels At 10 million in royalties almost half of the total 21 million goes to the record labels Critics have argued that the outflow is attributable to the fact that radio stations play foreign music The truth is there is a healthy cross flow of copyright payments between countries for the performance right When a Canadian radio station plays an American artist the American artist or whomever has been assigned contractual rights by the artist is entitled to receive royalty payments through the relationships set up between collecting societies The same happens in reverse when an American radio station plays a Canadian artist Since the reproduction right is subject to an

    Original URL path: http://www.cab-acr.ca/english/copyright/reproduction_rights.shtm (2015-04-05)
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  • CAB - Current Copyright Activities
    achieve balance in copyright and we are working hard to support the passage of this Bill September 29 2011 Private Broadcasters Support Government s Copyright Modernization Act March 8 2011 Private Broadcasters Ask Parliamentary Committee to Pass Bill C 32 December 18 2010 Canadian Association of Broadcasters Reacts to Liberal Party Stance to Abandon Local Radio Artisans in Favour of Foreign Record Labels November 2 2010 Private Broadcasters pleased with

    Original URL path: http://www.cab-acr.ca/english/copyright/releases.shtm (2015-04-05)
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  • CAB-Radio Submissions
    October 27 2014 CAB Technical Update Radio Sector Submissions Archive Radio Submissions Archive 2010 2009 2008 2007 2006 2005 2004 Terms of Use Privacy Policy

    Original URL path: http://www.cab-acr.ca/english/radio/submissions/default.shtm (2015-04-05)
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  • CAB-Starmaker Fund
    for the FUND 20 Early in the consultation process the CAB realized that it was imperative that the collaboration developed between broadcasters and the music industry continue beyond the creation of the FUND As noted in the Commission s Public Notice such co operation between broadcasting and music industries could provide increased support to Canadian artists and help ensure the continued success of the Canadian music industry and increase the supply of Canadian recordings 21 Therefore in early summer 1999 the CAB proposed the establishment of a new alliance involving English language broadcasters and a broad cross section of the English language music recording industry with the mandate of developing strategies to stimulate and promote Canadian music The objectives of the new alliance would be to Provide an on going forum for the radio and music industries to deal with issues of mutual interest Develop common focused strategies to launch and promote Canadian music and artists in order to ensure a reliable and increasing supply of Canadian records Develop strategies to increase the availability and promotion of Canadian music at the retail level and Mobilize joint industry support for policy proposals that support and promote Canadian music 22 Both CIRPA and CRIA have indicated their interest in participating in this alliance The CAB along with CIRPA and CRIA will now proceed with the formal establishment of the alliance which will be called the Canadian Radio and Music Alliance CARMA CARMA will likely begin its activities early in the year 2000 23 In the late summer of 1999 the CAB developed specific proposals for the English language initiatives of the FUND through a number of face to face meetings involving CIRPA CRIA and other music industry stakeholders These proposals were based on the extensive consultations that had already taken place 24 The consultation process was both challenging and collaborative and the radio and music recording industries were in complete agreement on what should constitute the basic objectives of the FUND 25 Both CIRPA and CRIA were given a final opportunity to review the contents of the CAB s proposal for the Radio Starmaker Fund The comments of CIRPA and CRIA have been incorporated into the final version of the Radio Starmaker Fund proposal Enclosed as Appendix C are letters of support from both CIRPA and CRIA 26 The CAB s proposal for the FUND has been structured into three parts Part A includes the governing principles of the FUND as well as the eligibility requirements and also details how the FUND will actually work 1 Part B includes the principles of governance and the structure of the FUND Board and Part C includes an estimate of the projected funding impact i e approximate number of initiatives that could be funded over the next 8 10 years Top PART A GOVERNING PRINCIPLES OF THE FUND 27 The FUND will operate with a limited amount of monies that will be available over the next 8 10 years 2 For this reason it was decided not to create an endowment fund but rather it was determined that the FUND s revenues should be spent as they are received In addition the music industry is currently facing significant new challenges and its greatest need is access to the FUND monies over the next several years These essential facts form the foundation of the governing principles of the FUND 28 The two governing principles of the FUND are The FUND should make a substantial and discernable difference to the careers of the Canadian artists who benefit from it and The monies provided by the FUND must be incremental to existing investments being made for the promotion and marketing of Canadian artists 29 The governing principles of the FUND will ensure that the following objectives are met The FUND is comprised exclusively of private broadcaster monies Although its creation is in keeping with many public policy objectives its main purpose is to create new Canadian stars and commercially playable Canadian content In order to sustain the distinct objectives of this private sector fund it is essential that its activities be kept separate and apart from any public funding activities In addition all funding should be clearly complementary to any public funding activities The FUND will support a variety of marketing and promotion initiatives in addition to those presently funded by FACTOR and other private public or public structures that provide support for Canadian artists This FUND constitutes a distinct and separate opportunity to access monies in accordance with the objectives and eligibility requirements of the FUND It is recognized that Canadian artists supported by FACTOR for a marketing and promotion initiative also supported by the FUND would only be eligible to access FUND monies where the initiative remains truly complementary and constitutes a clear distinct and quantifiable benefit to the initiative already supported by FACTOR 3 In order to ensure that monies are incremental to existing investments being made for marketing and promotion initiatives the FUND will only support initiatives with significant out of pocket investments from an eligible applicant as detailed in the proposed marketing plan approved by the FUND The FUND will therefore support the following categories of Canadian artists that have the potential of becoming the next generation of Canadian stars a emerging Canadian artists from every region of Canada at the beginning of their careers who demonstrate star potential through significant investments from a record label and b Canadian artists from every region of Canada beyond the initial stages of their career who demonstrate their potential through a track record or are supported through significant investments from a record label The FUND will provide significant funding for a fewer number of initiatives rather than be spread thinly among a larger number of initiatives where there will be no substantial or discernable impact on the promotion and development of the Canadian artists in question The FUND will focus on the promotion and development of Canadian artists through the most cost effective means As noted earlier the radio industry is a significant contributor to the development of Canadian musical talent and will be sole contributor to the FUND Both CIRPA and CRIA have agreed that radio advertising is one of the most effective means of promoting Canadian talent In this context marketing plans filed with the FUND will need to reflect the significant involvement of radio stations in the promotion and development of Canadian artists Radio advertising will therefore be an eligible component of any proposed marketing plan Funding will be on a matching funds basis and will be provided in increments for approved marketing and promotion plans once the marketing plans are actually implemented Administrative expenses for the FUND should be kept to a minimum and The decision making of the FUND should utilize a transparent and fair process 30 It is important to note that the FUND will not support Canadian artists who have already achieved star status such as Alanis Morissette and Céline Dion The board of the FUND will determine which artists will be ineligible 31 As noted earlier one of the objectives of the FUND is to keep administrative costs to a minimum In keeping with this objective it is essential that the approval process for applications submitted to the FUND be facilitated through objective guidelines which would permit a quasi automatic approval process for applicants that meet the FUND s eligibility requirements 32 Finally the FUND will provide key funding for the next 8 10 years after which it will likely have exhausted its resources i e the FUND is non renewable Top ELIGIBILITY REQUIREMENTS A ELIGIBLE CANADIAN ARTISTS OR ACTS 33 The following Canadian artists or acts would be eligible for funding Canadian artists or acts with a track record as defined by the Board of Directors of the FUND 4 who are releasing a new CD that is supported with significant investments by their record labels 5 and New emerging Canadian artists or acts demonstrating the beginning of a track record as defined 6 and who are supported by their record labels with significant investments as defined 34 The Board of Directors of the FUND will also determine which artists and acts are not eligible to receive funding These will include artists who do not meet the minimum established criteria Ineligible artists and acts will also include those artists or acts that exceed the upper limits set by the Board of the Directors of the FUND in order to be eligible to receive funding 7 Top B ELIGIBLE APPLICANTS 35 The following will constitute eligible fund applicants in relation to or on behalf of eligible Canadian artists or acts Canadian independent recording labels Canadian artist management Music publisher and Multi party initiatives which include the participation of at least one Canadian independent record label 36 Canadian artists signed to a major label can access the FUND through either the Canadian artist management music publisher or a multi party initiative if they meet the FUND s eligibility requirements 37 Today a significant number of Canadian artists and songwriters are developed and promoted by a music publisher before they actually sign a record deal It is estimated that artists developed in this fashion have sold in excess of 2 million albums and have generated 20M for the music industry The process for developing a Canadian artist varies from case to case but ranges from shopping demos to acting like a virtual label or as artist management Given that music publishers play an important role in the development of new and emerging Canadian artists they have been included in the list of eligible applicants Top C ELIGIBLE INITIATIVES 38 The following are the eligible initiatives under the FUND Marketing and promotion initiatives associated with an eligible Canadian music recording 8 from eligible applicants for eligible Canadian artists or acts Tour support associated with an eligible Canadian music recording Canadian artist or act from eligible applicants and Multi party marketing and promotion initiatives associated with one or more eligible Canadian music recordings from at least one eligible applicant for one or more eligible Canadian artists or acts 39 No funding will be provided for the production of music recordings or music videos 40 During the consultation process both CIRPA and CRIA acknowledged that radio advertising is one of the most effective means of promoting Canadian talent Accordingly radio advertising will therefore be an eligible component for any proposed marketing plan Top D ELIGIBILITY CRITERIA 41 Initiatives that will be eligible for funding will need to meet the following criteria Single track of an eligible Canadian music recording released in advance of a CD which constitutes an eligible Canadian music recording where the master is effectively owned and controlled by a Canadian or A CD where a majority of the tracks on the CD constitute Canadian content in accordance with the Commission s MAPL criteria and where the master is effectively owned and controlled by a Canadian for all Canadian tracks and A national distribution contract for the Canadian market has been signed for the eligible single track Canadian music recording or the eligible Canadian CD with any entity distributing music in Canada that is recognized by FACTOR as a legitimate distribution entity Top HOW THE FUND WILL WORK 42 The following describes how an applicant will access monies from the FUND The eligibility requirements for the FUND will be formally established by the board and then will be widely circulated and publicized throughout the industry and all regions of the country An applicant will need to determine whether the proposed marketing and promotion initiative for which funding is sought meets all the eligibility requirements of the FUND Once an application is received the Executive Director of the FUND a description of this position is provided at paragraph 54 of Part B will review the proposal to ensure that all eligibility requirements are met If the application does not meet the first screening it will be returned with reasons explaining why the proposal does not meet the eligibility requirements If an application does meet the initial screening process the proposal will then be considered by a selected panel of knowledgeable individuals this process is described at paragraph 55 of Part B Where the proposal falls within the eligibility requirements an eligible applicant will be required to provide a detailed marketing plan for the music recording that demonstrates a significant investment is being made In addition the marketing plan must unequivocally demonstrate that FUND monies are incremental to the monies that would normally be spent for marketing and promotion purposes by the applicant In order to ensure that monies are incremental the applicant will need to provide evidence that the investment being made equals or exceeds industry standards for a similar artist or act and that FUND monies will therefore represent an incremental investment for the artist or act For multi party initiatives a detailed marketing plan for the marketing and promotion of at least one or more eligible Canadian music recording which demonstrates unequivocally that funding is incremental to the monies being spent by the multi parties for marketing and promotion purposes Again evidence of the incremental nature of the funding will need to be provided Detailed marketing plans whether from an individual eligible applicant or for multi party initiatives must also demonstrate that the marketing initiatives follow industry norms and are cost effective by providing the greatest exposure for artists or acts 43 It is important to note that no portion of funding provided by the FUND can be recouped by the applicant from artists royalties The board will be required to develop mechanisms to ensure that artists are not required to repay any amount from their royalties for any amount of monies flowing from the FUND Where an applicant attempts to recoup FUND monies from artists royalties the applicant will not be eligible for funding under the FUND for a period of time to be determined by the board Top PART B PRINCIPLES OF GOVERNANCE 44 The governance structure of the FUND has been developed on the basis of two fundamental principles as follows The governance structure must achieve effective representation from both the broadcasting and music recording industries and The governance structure must achieve a high level of transparency 45 These principles of governance were developed to meet the objective stated by the Commission in its Public Notice namely that the FUND be jointly administered by representatives of the broadcasting and music recording industries In addition the principles of governance meet the CAB objective stated in its letter to the Commission dated April 30 1999 that it would be inappropriate to essentially designate the industry that will be the major recipient of support from the Canadian Music Marketing and Promotion Fund to control the Board 46 In creating the governance structure for the board of the FUND it was essential to ensure that board members not be in a position to benefit from their board status nor should they be in a position to change or create eligibility requirements solely for their benefit 47 Moreover the board structure needed to have an appropriate degree of independence efficiency i e low administration costs and accountability 48 Given that the FUND is privately funded and that radio broadcasters will not be direct beneficiaries of FUND monies radio broadcasters should have their key stakeholder position recognized in the governance structure 49 Finally transparency will also be achieved through clear and objective eligibility requirements Top GOVERNANCE STRUCTURE 50 The board will have a maximum of 10 members The board representation will be as follows 4 broadcaster representatives 3 CIRPA representatives 1 CRIA representative and 2 independent representatives with an understanding of the radio and music recording sector or some other relevant expertise 51 The board members will be nominated in the following manner Broadcasters will nominate their representatives CIRPA will nominate its representatives CRIA will nominate its representative and Broadcasters and the music recording industry will jointly agree on the nomination of the 2 independent representatives 52 There will be a board Chair and vice Chair The board Chair will be a broadcaster and will have a second and casting vote in the event of a tie vote The first board Chair will be nominated by the CAB The vice Chair will be a CIRPA representative nominated by CIRPA 53 The vote required to make any changes to the By laws or to make any significant changes to the governing principles or principles of governance would require approval by 75 of the board i e approval from 8 out of the 10 members would be required 54 The board once established would select an Executive Director who would have the responsibility for the day to day operations and management of the FUND 55 The board once established would select a pool 15 to 20 of knowledgeable individuals who will have the responsibility of selecting the applications that will be funded details on the exact manner of disbursing funds is provided below Top LEGAL STRUCTURE 56 The FUND will be incorporated as a non profit corporation under the Canada Corporations Act 57 The following details the essential components of the corporate structure The minimum number of Directors will be 10 The quorum required for a meeting will be 7 Directors and at least 8 Directors must approve changes to By laws or to make any significant change to board structure or governing principles The board will be required to meet at least once a year at which time the board will be required to appoint an auditor who will audit financial statements and report on financial statements at the annual meeting The By laws of the corporation will include governing principles principles of governance eligibility requirements governance structure and all relevant definitions that will be defined by the board 9 Top DISBURSEMENT OF FUNDS 58 Once the Commission approves a transfer transaction to which benefits apply the CAB will receive the funds in trust

    Original URL path: http://www.cab-acr.ca/english/radio/starmakerfund/default.shtm (2015-04-05)
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