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1.This is a joint response to Broadcasting Notice of Consultation CRTC 2024-288 (“BNOC 2024-288”) reflecting the positions of Canada’s songwriters, composers, and music publishers as well as the organizations and collective management organizations that support them. Collectively, this includes: l’Association des professionnels de l’édition musicale; the Canadian Council of Music Industry Associations including Alberta Music, Cultural Industries Ontario North, Manitoba Music, Music BC, Music Nova Scotia, Music PEI, Music Yukon, Music/Musique NB, Music NL, MusicOntario, SaskMusic; the Canadian League of Composers; the Canadian Musical Reproduction Rights Agency; Music Publishers Canada; the Songwriters Association of Canada, the Screen Composers Guild of Canada; the Society of Composers, Authors and Music Publishers of Canada; and la Société professionnelle des auteurs et des compositeurs du Québec, known collectively as “ACCORD”. Together, ACCORD represents over 190,000 English and French-Canadian songwriters, composers, and music publishers as our members.
2.We support the submission of the Screen Composers Guild of Canada (“SCGC”) strongly opposing the Commission’s proposal to amend the music composer key creative point to include Canadian rightsholders of pre-existing or pre-recorded music. ACCORD supports the position of maintaining the music composer key creative point as it exists under the current definition of “Canadian program.”
3.ACCORD elaborates its reasons for this position below and comments on other questions raised by the Commission.
Maintain Music Composer Key Creative Point
4.Music used in an audiovisual production generally comes in two forms: (i) it is either original music composed specifically for the production or (ii) it is a pre-existing or pre-recorded song that is licensed and used for the production.
5.ACCORD supports incentives to encourage the use of original music composed by Canadian composers and the use of Canadian pre-existing or pre-recorded songs in audiovisual productions. The term Canadian pre-existing or pre-recorded song should be a song that meets the definition of “Canadian musical selection” as defined by the Commission in its radio broadcasting regulations.
6.In BNOC 2024-288, the Commission suggests the following amendment (in bold) to the music composer key creative point:
- Music composer or the rights holders of the pre-existing or pre-recorded music for which the rights were purchased must be Canadian, rather than requiring an original composed song for the production(1 point)
7.Currently, to earn the music composer key creative point the music composer position on a production must be filled by a Canadian. ACCORD submits that this requirement should be maintained.
Issues with Commission’s Proposed Amendment to Music Composer Key Creative Point
8.The Commission’s proposed amendment to the music composer key creative point undermines the incentive to hire a Canadian music composer and does not necessarily encourage the use of Canadian pre-existing or pre-recorded music.
- Reduces Incentive to Hire Canadian Music Composers
9.First, if this amendment is implemented, then a production is not required to engage a Canadian music composer to achieve this key creative point. This dilutes the importance of Canadian music composers to audiovisual productions and does not align with the other key creative positions that do not permit multiple options to achieve their point.
10.For example, and as the SCGC notes in its submission, the Commission has not suggested that the Canadian screenwriter point can be achieved where a Canadian company has purchased a pre-existing script even though this is the same concept proposed for Canadian music composers.
11.As this is not an option for other key creative points, this should not be an option for the music composer point.
- Does Not Encourage Use of Canadian Pre-existing or Pre-recorded Music
12.Second, if the intention of this proposed amendment is to encourage the use of Canadian pre-existing or pre-recorded music, then the proposed language does not reflect this intention, nor do we believe this is the appropriate place to achieve that objective.
13.The current language as written reflects that the rights holder of the music must be Canadian, not that the music itself is considered Canadian. This means that under this proposed amendment, the Canadian key creative point could be granted to a Canadian company that has acquired the Canadian rights to foreign pre-existing or pre-recorded music (i.e. music written and/or performed by non-Canadians).
14.The SCGC, in its submission, further elaborates on other absurd examples that would result in the music composer key creative point being awarded under this proposed amendment.
15.Even if the proposed language were revised to avoid these results, ACCORD does not believe this is an appropriate place to make this amendment.
16.The existing language of the music composer key creative point is sufficient to ensure that Canadians are hired as music composers on productions. The proposed language would have the effect of making it possible to achieve a key creative point without hiring a Canadian in a key creative position, contrary to the Commission’s policy of having key creative functions performed by Canadians.
Alternative to Encourage Use of Canadian Pre-existing or Pre-recorded Music
17.Although our position is that the music composer key creative point should remain as it is, we still agree that it is important to encourage the use of Canadian pre-existing or pre-recorded music in audiovisual productions. The use of pre-existing or pre-recorded music integrated in an audiovisual production is commonly known in the music industry as a “synchronization” or “sync”.
18.Having greater use of Canadian syncs showcases more Canadian music in audiovisual productions and provides increased visibility and revenue for the Canadian music industry. Encouraging the greater use of Canadian syncs within the definition of “Canadian program” would have the effect of promoting both Canadian audio and audiovisual creators, in line with the Commission’s mandate to encourage the development of Canadian expression.
19.As a result, ACCORD supports the SCGC’s proposal that the Commission should consider supporting greater use of pre-existing or pre-recorded Canadian music through the adoption of a new production cost spending measure requiring that 75% of any money spent by a certified production on the licensing of pre-existing or pre-recorded music must be spent on Canadian music. To define “Canadian music” we would suggest the Commission follow the current definition of “Canadian musical selection” under the Broadcasting Act radio regulations. This alternative would maintain the importance of the Canadian music composer key creative point while also encouraging greater use of pre-existing or pre-recorded Canadian music.
Programs of National Interest
20.ACCORD submits that expenditures on programs of national interest (PNIs) continue to be important for the Canadian music industry as these expenditures are used for award shows celebrating Canadians arts and culture to give Canadian artists a higher profile, and in the French-language market PNI policies also encourage the production of many additional types of programs related to music, such as music video programs, music videos, singing talent competitions, and variety shows.
21.The Commission’s position that the current approach to PNI may no longer be needed because many online undertakings invest in drama and documentaries does not address the PNIs noted above (award shows, music video programs, music videos, singing talent shows, and variety shows). These PNIs are not commonly created by online undertakings in their business models and it is unlikely these would be aired absent regulations being in place.
22.As a result, ACCORD encourages the Commission to consider maintaining the PNI requirements to ensure these programs continue to be produced and created.
Artificial Intelligence
23.In its consultation, the Commission asks the question of whether material generated by artificial intelligence (AI) can be considered Canadian content.
24.It is ACCORD’s position that for content to be considered Canadian content it must be created by a Canadian in accordance with the legal definition of an original work under the Copyright Act, which means that the work must be created as an exercise of the skill and judgment of the human author of the work. Canadian courts have stated that the exercise of skill and judgment must not be so trivial that it could be characterized as a purely mechanical exercise.
25.Material generated by AI does not fall into this definition because it is a purely mechanical exercise. An individual may input a prompt into an AI system, and then the AI system will develop an output based on that prompt. There is no exercise of skill and judgment from the human prompter in the AI-generated output.
26.As a result, ACCORD submits that AI-generated material should not be considered Canadian content.
Conclusion
27.A strong and vibrant domestic audiovisual industry benefits Canada’s songwriters, composers, and music publishers. Thanks to existing broadcasting policy, ACCORD’s members are able to routinely take advantage of important opportunities to create and place music in Canadian audiovisual programs. ACCORD recognizes that encouraging the creation of original Canadian music and the licensing of pre-existing or pre-recorded Canadian music are important objectives. However, these objectives should complement, rather than compete with, one another. As a result, ACCORD asks the Commission to maintain the current music composer key creative point in the definition of “Canadian program” as it is and to implement the SCGC’s proposal to include production costs spending requirements encouraging the use of Canadian pre-existing or pre-recorded music.
28.ACCORD also submits that there is a continuing need for PNI expenditures and that AI-generated materials should not be considered Canadian content.
29.ACCORD thanks the Commission for its consideration of ACCORD’s intervention in this important consultation. We would be pleased to answer any questions the Commission may have.
List of supporting organizations:
Association des professionnels de l’édition musicale (APEM)
33 Rue Milton, #500
Montréal, Québec
H2X 1V1
Attention: Jérôme Payette, Directeur général
Canadian Council of Music Industry Associations (CCMIA)
2169 Gottingen Street
Halifax, Nova Scotia
B3K 3B5
Attention: Rob Oakie, Executive Director, Music PEI
Canadian League of Composers (CLC)
Chalmers House – 20 St. Joseph St.
Toronto, ON
M4Y 1J9
Attention: August Murphy-King, General Manager
Canadian Musical Reproduction Rights Agency (CMRRA)
320 – 56 Wellesley Street West,
Toronto, ON
M5S 2S3
Attention: Paul Shaver, President
Music Publishers Canada (MPC)
56 Wellesley Street West, Suite 320
Toronto ON M5S-2S3
Attention: Margaret McGuffin, Chief Executive Officer
Songwriters Association of Canada (SAC)
41 Valleybrook Dr
Toronto, ON M3B 2S6
Attention: Arun Chaturvedi, President
Screen Composers Guild of Canada (SCGC)
41 Valleybrook Dr
Toronto, ON M3B 2S6
Attention: John Rowley, President
Society of Composers, Authors and Music Publishers of Canada (SOCAN)
41 Valleybrook Dr
Toronto, ON M3B 2S6
Attention: Jennifer Brown, Chief Executive Officer
Société professionnelle des auteurs et des compositeurs du Québec et des artistes entrepreneurs (SPACQ-AE)
33 rue Milton, bureau 500
Montréal QC H2X 1V1
Attention: Ariane Charbonneau, Directrice générale