Proposes new agency to battle billion-dollar problem
OTTAWA – FairPlay Canada, a new coalition of Canadian artists, content creators, unions, guilds, producers, performers, broadcasters, distributors, and exhibitors is has filed an application with the CRTC urging the Regulator to have Canadian ISPs shut down access to websites which enable content piracy.
According to the coalition, the jobs of hundreds of thousands of Canadians who work in the creative sector (songwriters, set builders, TV writers, makeup artists, reporters, as well as cable technicians, engineers and customer service reps) are at risk as a result of increasing online piracy – and Canadians who choose to access these sites need to be protected from the actions of their operators – some of which have been linked to organized crime.
“We know Canadians love digital content, whether it’s watching their favourite TV show or streaming their favourite playlist online,” said Dr. Shan Chandrasekar, president and CEO of Toronto’s Asian Television Network, in the coalition’s press release. “Often, they are the biggest supporters of Canada’s own creative content. However, online theft is hurting Canadians’ ability to enjoy the content they love and protect the jobs of the artists who create it,” he added. ATN is officially filing the application on behalf of the coalition.
Canada’s cultural industries contribute $54.6 billion annually to GDP and account for more than 630,000 jobs. These are statistics the federal government knows well as Heritage Minister Mélanie Joly has rightly boasted about some of them often in speeches during her two-plus years helming the ministry.
Film and TV production in particular contributed a total of $8.5 billion and over 140,000 jobs in 2015-2016 to the Canadian economy. The websites which enable the piracy of content (via things like smart TVs, smartphones, computers and other devices like Android-powered Kodi boxes) put many of those jobs at risk by syphoning hundreds of millions of revenue out of the Canadian market, and they often infect Canadians’ devices with all manner of spyware, adware and other assorted malware, putting their digital lives in jeopardy, says the coalition’s application.
FairPlay Canada wants the CRTC to upgrade the tools used to protect Canadians from online piracy and has proposed the CRTC establish something called the Independent Piracy Review Agency (IPRA), to assist it in identifying websites blatantly engaged in content theft.
This is not about a neutral net, nor is it about going after individual Canadians. It’s about shutting down access to websites which are making an illicit business from content to which they don’t own the rights.
If the IPRA is set up as the coalition envisions, the CRTC would require all Canadian Internet Service Providers (ISPs) to take measures to prevent such websites from reaching Canadians. IPRA recommendations would be subject to a final decision from the CRTC – and the whole process would be subject to oversight by the Federal Court of Appeal.
The actual application itself outlines an open and inclusive third-part agency run as an independent not-for-profit which would have input and board members from across the business and political spectrum, including representation from consumers and consumer groups.
“What we are proposing has been effective in countries like the UK, France, and Australia,” added Chandrasekar in the release. “We are ardent supporters of this incredible coalition that has been formed to propose a new tool to empower the CRTC to address online piracy in Canada. We have great faith in Canadian regulators to modernize the tools available to help creators protect the content they make for Canadians’ enjoyment.”
The coalition’s list is pretty extensive and includes groups who often don’t see eye-to-eye on most other topics. The members include: Academy of Canadian Cinema and Television, Alliance of Canadian Cinema, Television and Radio Artists (ACTRA), Association québecoise de l’industrie du disque, du spectacle, et de la video (ADISQ), Asian Television Network (ATN), Association québécoise de la production médiatique (AQPM), Bell Canada, Canadian Association of Film Distributors and Exporters (CAFDE), CBC/Radio-Canada, Cinémas Guzzo, Cineplex, Canadian Media Producers Association (CMPA), Cogeco Inc., Corus Entertainment, Directors Guild of Canada (DGC), DHX Media, Entertainment One, Ethnic Channels Group, Fairchild Media Group, International Alliance of Theatrical Stage Employees (IATSE), Landmark Cinemas, Maple Leaf Sports and Entertainment (MLSE), Movie Theatre Association of Canada (MTAC), Quebecor Media, Rogers Communications, Television Broadcasts Limited (TVB), TIFF, UNIFOR, and Union des artistes (UDA).
“Digital content piracy hurts everyone, those who watch and listen to content from legal sources and those in the creative industry that produce it. Digital rights holders need up-to-date tools to combat piracy where it’s happening, on the Internet, and the process proposed by the coalition will provide just that, fairly, openly and effectively,” said Bell Media president Randy Lennox, in the coalition’s release. “Bell is pleased to work with our partners across the industry and the CRTC on this important step in ensuring the long-term viability of the Canadian creative sector.”
"We support efforts to stop piracy of copyrighted content. Groups who steal and re-sell content without permission are breaking the law and undermining financial support for culture,” added Hubert Lacroix, president and CEO of CBC/Radio-Canada.
“The impact that piracy has on the television industry extends much further than lost revenue, it impacts our ability to continue to invest in great Canadian content, and makes it harder to sustain the jobs of the thousands of Canadians who make that content. It’s time to take more concrete actions towards protecting the rights of Canadian creators, broadcasters and distributors, and we’re looking forward to working with the CRTC and our industry partners to do just that,” contributed Doug Murphy, president and CEO of Corus Entertainment.
“Simply put, piracy hurts Canada and Canadians. It harms our production sector, shrinks economic output, eliminates jobs, increases prices for Canadian audiences, decreases domestic content production, and reduces our cultural influence around the world. Piracy is illegal and it should not be allowed to continue,” said Reynolds Mastin, president and CEO of the Canadian Media Producers Association.
I bet this topic is on Mr. Mastin’s list of questions for Minister Joly when he chats with her on stage at the CMPA’s Prime Time in Ottawa conference on Thursday.
More to come on this story.
