Media Centre > News Releases > Archive > 1996 > October 8, 1996

Minor makeover could turn copyright bill into major force for Canada: CAB

OTTAWA, October 8, 1996 -- A few minor 'common sense' changes could turn the Copyright Reform Bill into a positive force for viewers, Canadian culture and the broadcasting system, the Canadian Association of Broadcasters (CAB) today told the Standing Committee on Canadian Heritage.

"Adding simple time-shifting and transfer-of-format rights would do miracles for C-32", said CAB President Michael McCabe. "At least 28 other countries already have similar rights, including the U.S. and Britain."

CAB argues the absence of such rights will inconvenience viewers, limit the diversity of Canadian shows and undermine the government's cultural and job creation objectives.

Under Bill C-32, instant replays of sparkling performances by Canadian athletes will be illegal if they contain copyrighted music. Broadcasters can be fined for delaying broadcast of live events to accommodate Canada's six time zones, or simply for downloading programs from satellite onto tapes or studio equipment. Penalties for infringement would be among the world's toughest.

Further compounding broadcasters' competitive disadvantage with their American counterparts is the absence of a signal right to recognize their creative role, or criteria that would enable the Copyright Board to set market-based rates for music use.

"Anyone thinking we have endlessly deep pockets, or are 'crying wolf' about the impact of C-32 on Canadian programming are seriously misinformed," stressed McCabe. A new study done for the CAB by Communications Management Inc. confirms broadcasters face formidable challenges in making their cultural contributions.

"Broadcasters will have to pay careful attention to expense items which might affect their ability to compete in the new environment," said the study. "Public policy makers should, in turn, pay careful attention to expense items that they impose on broadcasters."

"Different treatment of music copyright fees for conventional broadcasters in Canada and in the United States is cause for concern, since that ... directly affects the ability of private broadcasters to compete with their American counterparts."

McCabe reminded the hearing that private stations already pay nearly $50 million a year for music rights, and said clearing music for time-shifted programs could add $7 million or more to the tab. The money would go to the same composers, authors and publishers who are already paid from the 2.1% of station revenues TV broadcasters send SOCAN each year.

"Time-shifting and transfer-of-format rights won't make us extra money or cost music owners a penny," said McCabe. "They're simply common sense measures for dealing with practical everyday problems and helping us compete in the global marketplace."

CAB represents the vast majority of Canada's advertising-supported, local-serving television and radio stations.

Please contact:

Susan Tolusso
Director, Communications
(613) 233-4035 ext. 331
(stolusso@cab-acr.ca)