music canada Archives - IPOsgoode /osgoode/iposgoode/tag/music-canada/ An Authoritive Leader in IP Wed, 07 Jun 2017 14:47:48 +0000 en-CA hourly 1 https://wordpress.org/?v=6.9.4 Hearing and Healing: Indigenous Artists Talk Music and Reconciliation at the 2017 Global Forum Breakfast  /osgoode/iposgoode/2017/06/07/hearing-and-healing-indigenous-artists-talk-music-and-reconciliation-at-the-2017-global-forum-breakfast/ Wed, 07 Jun 2017 14:47:48 +0000 http://www.iposgoode.ca/?p=30682 Last month, I had the pleasure of attending Canadian Music Week’s 2017 Global Forum Networking Breakfast – a Music Canada sponsored event that celebrates and recognizes individuals and organizations in the music community who are using music to make the world a better place. This year’s topic was “The Power of Music: Indigenous Artists Discuss […]

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Last month, I had the pleasure of attending ’s – a sponsored event that celebrates and recognizes individuals and organizations in the music community who are using music to make the world a better place. This year’s topic was “The Power of Music: Indigenous Artists Discuss Music’s Ability to Unite, Inspire and Heal.”

The event featured a panel of renowned Canadian Aboriginal musicians, as well as Canadian director , brother of the Tragically Hip’s . Experimental vocalist, Inuk throat singer, and JUNO award and Polaris Prize winner was the event’s keynote speaker. Alongside Taqaq and Downie, the panel featured Inuk singer/songwriter and multiple JUNO award winner , as well as , one-third of the JUNO award winning electronic group , whose unique sound blends modern hip-hop, traditional pow wow drums and vocals, and electronic dance music. The panel was moderated by , a musician, conductor, and officer of the Order of Canada and the Order of Ontario.

The event began with a performance by Manitoban singer-songwriter , whose alternative RnB draws influence from her Cree/Dene and Irish roots. é’s performance was lively, powerful, and an invigorating start to the morning’s agenda. The performance was proceeded by an introduction by Graham Henderson, the president of Music Canada. Significantly, Henderson’s introduction included an Aboriginal Land Acknowledgement; a practice that is becoming increasingly common at public events in Canada. This is an important development because Aboriginal Land Acknowledgements show recognition of and respect for Aboriginal people and their traditional territories. While it is common practice at music events and concerts to thank sponsors, volunteers, and organizers, Aboriginal Land Acknowledgements are only now gaining traction. Henderson’s inclusion of an Aboriginal Land Acknowledgement in his speech was a positive step forward and one I hope to see taken by other event organizers in the future. Henderson’s introduction was followed by a brief speech by , MP for Parkdale-High Park and Parliamentary Secretary for Multiculturalism. Virani’s speech highlighted the essential role diversity plays in Canada’s cultural output and indicated the importance of multiculturalism and the arts in Canada.

Taqaq began her keynote speech with one of her recent writings, a poem entitled “Sternum”, which juxtaposed the sternum’s biological function with the haunting image of a young girl immobilized by a man lying on top of her, his weight pressing down onto her through his sternum – as creaking bed springs resonate through the air. “Sternum” clearly alluded to the physical, mental, and sexual abuse experienced by Canada’s Aboriginal children under the residential school system, and the poem set the stage for an inspiring panel discussion that was as hopeful as it was critical. Taqaq’s keynote speech also addressed Inuit life and culture, the ongoing vilification of Aboriginal cultural practices in Canada, and the fight for justice for Canada’s . Taqaq’s speech was fiery and confrontational while simultaneously captivating and deeply moving; ultimately laying the foundation for the panel’s conversation on music, healing, reconciliation, identity, and artistic freedom.

One of the most interesting conversations, initiated by moderator Bell, was about the role Indigenous artists play as representatives of Canada’s Aboriginal people. Both Aglukark and Bear Witness commented that they felt conflicted about this role because Canada’s Aboriginal peoples are incredibly diverse and therefore it is problematic to view individual artists as representative of the whole of Canada’s Aboriginal peoples. Taqaq echoed Aglukark and Bear Witness’ comments, saying she feels the public expects her to speak for all Indigenous Canadians, simply because she is an Indigenous woman visible in the spotlight. Taqaq explained that this kind of external pressure can be burdensome because some artists just want the opportunity to speak for themselves; to express their truth, their reality, and their ideas on their own terms. Canada’s Indigenous artists are entitled to their artistic freedom: to create and express themselves as they see fit, regardless of whether their work is keeping with expectations of what it means to be Aboriginal. This was a powerful reminder to all in attendance not to reduce Aboriginal peoples or their arts and cultures to a singular vision – for as Downie was quick to note during the panel discussion, there are over 600 distinct Aboriginal groups in Canada and approximately 65 different dialects spread across 11 languages families. Thus, there is no singular Indigenous voice but rather a vast multiplicity of voices that struggle daily to be heard.

If I could distill the panel’s discussion down to one takeaway, it would be this: it is time to start listening to Aboriginal peoples’ voices – to their stories, their experiences, and their arts. It is time to accept, acknowledge, and trust Aboriginal people when they speak about the harm done to their families and communities and it is time to reject pejorative visions of Indigenous arts and artists based in restrictive traditionalism. Music has the power to heal, unite, educate, and empower, but only if we listen truly and deeply. And thus, as Downie noted during the panel discussion, the responsibility lies with all Canadians, and not simply the government, to listen and strive towards reconciliation.

 

The author would like to thank Canadian Music Week and Music Canada for organizing this important and thought-provoking panel discussion as well as Tanya Taqaq, Susan Aglukark, Bear Witness, Mike Downie, and John Kim Bell for their words and art.

Stephen Cooley is an IPilogue Editor and a JD Candidate at Osgoode Hall Law School.

 

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On World Intellectual Property Day, Get Up, Stand Up. For Music. /osgoode/iposgoode/2015/04/25/on-world-intellectual-property-day-get-up-stand-up-for-music/ Sat, 25 Apr 2015 13:43:56 +0000 http://www.iposgoode.ca/?p=26920 This Sunday, April 26th is World Intellectual Property Day, an annual event to promote discussion of the role of intellectual property (IP) in encouraging innovation and creativity. The date was chosen in recognition of the day the WIPO Convention came into force in 1970, with the goal of increasing the general understanding of IP. This […]

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This Sunday, April 26th is World Intellectual Property Day, an annual event to promote discussion of the role of intellectual property (IP) in encouraging innovation and creativity. The date was chosen in recognition of the day the WIPO Convention came into force in 1970, with the goal of increasing the general understanding of IP.

This year’s theme is Get Up, Stand Up, For Music, a welcome ‘call to arms’ in support of artist rights. This is the 15th World IP Day, and the first to specifically highlight music, which is appropriate as music and IP are intrinsically linked. The event provides an opportunity to reflect on how intellectual property affects music, and how we listen to it. We don’t often think about it when listening to our favourite song, but IP plays a critical role in taking that song from the artist’s conception to our speakers at home.

Today, music fans have more options than ever to enjoy their favourite music and to discover new artists. There are now more than 400 licensed music services worldwide, with a model to suit all consumer preferences, from subscription services, to digital downloads, to the physical world of CDs, vinyl, and deluxe box sets. The music industry has embraced the digital revolution, which has provided artists with new avenues to bring their music to the global marketplace. It is intellectual property, and specifically copyright, that allows creators to sell and license their music in this wide array of platforms.

But regardless of the medium, the creator’s rights must be respected and fairly compensated. With so much access to music available today, it can be easy to take for granted the talent and years of practice an artist puts into their craft, as well the efforts and investments of the many people working to nurture and develop their career. It is important to remember that long before a song hits the radio or your earbuds, a team of professionals work to support the artist’s creative development and use their expertise to bring the artist’s talent to market.

Record companies remain the primary investors in artist careers. The IFPI’s Investing in Music report estimates that record companies have invested more than US$20 billion in artists and repertoire (A&R) and marketing over the past five years. In fact, the music industry invests a greater proportion of global revenues in A&R than most other sectors do in research and development (R&D). The music industry’s investment of 28% of revenues in A&R exceeds the R&D investment of industries such as pharmaceutical and biology (14.4%), software and computing (9.9%), or technology hardware and equipment (7.9%) sectors. Again, it is copyright that makes this investment possible. Copyright allows the industry to gain a return on these A&R and marketing costs, and reinvest those resources into the next generation of artists. This is why a secure copyright framework is so critical to the music industry.

While the music industry has made great strides in developing the digital marketplace, piracy remains a major problem for the industry, which stifles sustainable growth. This is where we need to ‘Stand Up for Music’, and support measures that will help tackle the problem. Today’s music piracy takes place in many forms, from unlicensed cyberlockers, BitTorrent fire-sharing, stream-ripping, and unauthorized distribution through mainstream social media networks. The IFPI’s Digital Music Report estimates that 20% of fixed-line internet users worldwide regularly access services offering copyright infringing music. The report also identifies that major brands, such as Microsoft and the Royal Bank of Canada, are fuelling the piracy ecosystem with advertising dollars from legitimate businesses. Research quoted in the report found that 596 infringing sites generated US$227 million per year in advertising revenue, none of which goes to the artists, songwriters, and labels whose music attracts users to these sites. Rights holders around the world continue to push for support to tackle this evolving problem from governments and internet intermediaries.

Artists are among the most powerful voices in this fight. We have seen that when artists speak out in support of their rights, they can have a strong impact in the conversation. This was made clear this week, as artists such as Leonard Cohen, Randy Bachman, and Gordon Lightfoot spoke up in support of the federal budget’s proposal to extend the term for copyright of sound recordings in Canada to 70 years from 50 years. Similarly, last summer, artists such as the Barenaked Ladies, Brett Kissel, and Bob Ezrin brought significant attention to the Copyright Board of Canada’s Tariff 8 decision, which set the rate for music streaming services in Canada at less than 10% of rates that the same services pay in the United States and many other countries. The issue united Canada’s music sector, with more than 80 music industry associations and labels, led by Music Canada, CIMA, ADISQ and Canadian Council of Music Industry Associations (CCMIA), joining together to form “”, a coalition that continues to raise public awareness about the disastrous effects of the Tariff 8 ruling.

We will further discuss artist rights and advocacy at next month’s Global Forum at Canadian Music Week, when a panel of creators will discuss how to protect the ability of creative artists from musicians to filmmakers, to journalists and authors, to earn a living. The panel will feature Scott Timberg, author of Culture Crash: The Killing of the Creative Class, and one of a growing number of people who say the creative economy is broken. Zoë Keating, a Canadian cellist will speak to her experience trying to earn a living as a full time musician. Although she didn’t set out to become an artist advocate, Keating was thrust into the spotlight when she refused to back down against one of the largest intermediaries of music, Youtube, over her right to control how and when her music was distributed. Artist and label owner Blake Morgan returns to the panel, having just seen his I Respect Music campaign log a major success with the recent introduction of bipartisan legislation in the U.S. to ensure artists are fairly paid on digital services and AM/FM radio. The panel will be moderated by Kate Taylor, a columnist with the Globe and Mail and frequent writer on technology, the media and music.

To fully realize the potential of music’s ever expanding digital marketplace, we need to encourage a fair licensing environment and a world where copyright is respected and music is fairly valued. With that in mind, I would like to use the occasion of World IP Day to encourage all those who appreciate the value of music in our lives to advocate for artist rights, and Get Up, Stand Up. For Music.

 

Graham Henderson is the president and CEO of Music Canada, an association that promotes the interests of the Canadian music community. Music Canada is a passionate advocate for music in Canada, a trusted source of music-related news and information, and a respected forum for all things music.

 

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How Music Can Help You, And You Can Help Music – An Interview With Graham Henderson /osgoode/iposgoode/2013/03/21/how-music-can-help-you-and-you-can-help-music-an-interview-with-graham-henderson/ Thu, 21 Mar 2013 05:11:09 +0000 http://www.iposgoode.ca/?p=20566 I recently had the pleasure of sitting down with Graham Henderson, President of Music Canada, who will be inducted into the Canadian Music Industry Hall of Fame on Thursday, March 21 as part of Canadian Music Week 2013. In addition to representing record labels such as Sony, Universal and Warner, Music Canada’s role is to […]

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I recently had the pleasure of sitting down with Graham Henderson, President of , who will be inducted into the Canadian Music Industry Hall of Fame on Thursday, March 21 as part of . In addition to representing record labels such as , and , Music Canada’s role is to “create a business environment where their members can flourish” using advocacy, political outreach, and other efforts.

Music Canada also runs the (i.e. certifying when a record has made platinum). Although famous for their efforts to strengthen copyright laws, copyright is not all that Music Canada does. For example, one of the initiatives Graham mentioned is in the area of ticketing/towing bylaws. When musicians play in clubs in Austin or Nashville, there are dedicated “artist loading zones” where the artists can park and load their equipment. The same is not true in Toronto. Many small clubs have very limited loading zones, and limited nearby parking. A single parking ticket can wipe out an entire night’s profit for some musicians, making it very difficult to practice their craft.

Another Music Canada concern is improving relations between the City of Toronto and the music industry to a similar level that the film industry has with the city.  For instance, the helps arrange location permits, police presence, emergency medical services, tax credits, and other services for film and television shoots on fairly short notice. In comparison, no such program exists for the music industry.

For example, Graham told a story about how the held in Toronto attempted to obtain a permit for . The planning process was initiated 8 months before the concert date, and the final permits to use the square did not come through until 3 days before the concert. As one might imagine, by that point the acts had been booked, media announcements had been made, etc. The organizers were taking a massive risk - had the permit not come through, the concert would have had to be cancelled, and the organizers would still have been on the hook for all costs – without the associated profits.

“Music is one of the most open formats in the universe, for all the credit they get for it.”

When asked what the biggest accomplishment from the recent Canadian copyright reform initiatives was, Graham didn’t cite digital locks or TPM protection, or the new part of the legislation targeted at pirate sites. The greatest accomplishment, he said, was the fact that we passed a bill at all. While there may be disagreement on the content of the reform, one thing many agree on was that copyright reform itself was badly needed. After three previous failed attempts, the fact that Bill C-11 passed in a global political climate where other copyright focused bills crashed and burned (e.g., and ), was nothing short of miraculous. “Our government passed a bill when SOPA and ACTA failed.”

He pointed to that stated that if the government enacted the bill, DRM would “lock up” content. It has been months since bill C-11 came into force, even longer since it was passed, and this assertion has not been true, at least with respect to music. To this day, music remains one of the most open, consumer-friendly content industries, a fact that Graham thinks the music industry does not get enough credit for. Today, music is sold in one of the most open, flexible formats available. The restrictive DRM you may find on other types of media is not present here. When you buy a song on iTunes, or elsewhere, you can play it on any device you own, anywhere you want, at any time you want.

There are no complicated digital hoops to jump through in order to satisfy a DRM mechanism or prove that you have the right to use the content you paid for. There is no need to purchase a new device that supports the DRM format of the file you purchased. Moving a song from your computer to an iPod (or a cell phone, laptop, MP3 Player, tablet, etc.) is as simple as cutting and pasting a file. It is truly a consumer’s dream.

There were in the music industry, but they were uniformly abandoned. It all comes down to history and market expectations. When the CD was introduced back in 1982, it was in a DRM free format. Conversely, as Graham notes, “the first DVDs were locked up, and people accepted that. But how many times do you re-watch a DVD?” It’s hard to watch a movie while jogging, or when you’re at work. But the same isn’t true for music. Many people listen to music throughout their entire day, playing the same songs over and over again. They take their music with them everywhere they go. Such behaviour requires a level of flexibility and convenience that would be very hard, if not impossible, to achieve with DRM protected content.

But it’s not just consumers that benefit from the openness of the music industry, its other artists too. “When you publish a song, that is fair game to create a cover.” When was the last time anyone tried to create a cover of a movie? Or a TV show? Or even a book? Well, with a song, you can.

Another thing Graham says the Canadian music industry deserves credit for is their response to the problem of piracy. While the to sue consumers in the US, these types of lawsuits are notably absent in Canada. And Canadian consumers mainly have Graham to thank for that.

“My policy was, we shouldn’t be suing people while we’re waiting for legislation.”

When Graham took over CRIA (as Music Canada was then known), there were a few brief lawsuits that went through the federal court system. This resulted in that basically stated that downloading music was legal in Canada. These lawsuits were appealed to the Federal Court of Appeal, not because of an intention to follow through with suing their customers, but as Graham noted “we simply had to appeal it to set the record straight.”

And they eventually did. The Federal Court of Appeal ended up . At that point, the music industry could have continued the lawsuits against the individual downloaders directly, however, they chose not to.

“The US did it to make a point. Because they had been polling people and practically everyone thought that downloading was OK. The objective was to make the point that, NO, it is illegal.” Similarly in Canada, there was pressure from a lot of sources, including independents and artists, to initiate a similar series of lawsuits, or otherwise send the message that downloading is illegal. But Graham decided to take a different route. “My policy was, we shouldn’t be suing people while we’re waiting for legislation.” Graham instead decided to focus on lobbying the government to pass copyright reform. It was hoped that a renewed message from Parliament, in the form of the passage of a new copyright bill and all the media coverage surrounding it, would send a message to Canadians that downloading music without compensation was not appropriate. To continue a lawsuit against consumers while lobbying for legislation would taint that process, attract undue notice and probably wouldn’t even work to curb downloading ().

Today, there are more ways to consume music than there ever was. From buying a CD in stores, to single song online retailers like , to digital radio services or even streaming subscription services like and , it has never been easier to get the music the music you want, how you want it, whenever you want.

“They are the canary, the first down the coal mine.”

The music industry has come a long way since it began. Usually it is on the forefront of the culture industries. Music was the first industry to switch to digital with . The MP3 player was the first digital media player. Digital download stores like iTunes started with music sales.

But with this innovation came its own set of problems. Graham joked that “they are the canary, the first down the coal mine.” Music had to forge its own path. And, for the most part, it has succeeded.

2013 marks the first year in over a decade that , and have even risen slightly. When asked for the reason for these changes, Graham cites many factors. Copyright reform is an issue, not just for any advantages the law provides, but for the fact that the law was actually passed. Canada is a law abiding country, and when the government sends a message that downloading is illegal, people take them at their word.

Digital music now , and labels are just getting better at marketing into this space. There are also more legal music services in Canada than ever before. As legal options for purchasing music are becoming easier and more convenient, consumers are changing their purchasing habits to include more paid music and less illegal downloads. But things are still not ideal for the music industry.

“There was a time when even if you never sold another CD anywhere else in the world, you could still make a living in a middle class life [in Canada].”

The addition of more legal services in Canada is a good thing, but they are contributing a very minute portion to the overall revenue picture as yet. For example, streaming services, at least as they exist today, do not represent a sustainable model. This unsustainability is due to the fact that streaming services usually only pay out fractions of a penny per stream.

He points to a now famous exchange between the band Grizzly Bear and their fans. In it, the band emphasises the fact that . While this generated the usual “your music stinks” or “go on tour” comments, many fans were also interested in how they could help. For those who are unaware, Grizzly Bear is a somewhat well known indie music band. They have played sold out shows at Radio City Music Hall yet .

“We have to build this back up for our young artists. They are aware that [older musicians] used to have homes, but now they can’t afford that.” Graham notes that many young artists are missing the same benefits given to artists in music’s heyday. “There was a time when even if you never sold another CD anywhere else in the world, you could still make a living in a middle class life [in Canada].”

One of the goals of Music Canada is to “create an environment where you can earn your living as a musician.” There are many ways to do this that fall outside the traditional realms of copyright and digital media. For example, ensuring that there areartist loading zones for bands as mentioned above. Cities and governments can also provide tax incentives to record albums in Canada, similar to the .

And it’s harder to earn a living as a musician today than it was a few decades ago. One of the main problems, of course, is copyright infringement.

“The musical middle class is at risk.”

Of course, copyright infringement has an effect on the industry, Graham noted. But the conversation needs to get away from copyright infringement or, as used in the popular vernacular, piracy. People don’t like to talk about piracy, but people care about artists. “I think the conversation needs to switch to… the effect of the digital age.”

One of the first policies Graham initiated as soon as he took over Music Canada was no lawsuits. So how else could they mitigate piracy? One way is to go after the pirate websites themselves. They do this by attacking their sources of funding. that advertise on pirate websites, and like MasterCard, Visa and PayPal.

When asked what message he would have for Canada’s youth, Graham’s message was simple: “support your artists.” As noted, there are fewer artists today that are able to own their own home and make a living in the industry. “The musical middle class is at risk.” Music plays a big part of our lives. Imagine games without music? Movies without music? When major events in your life happen, songs are playing. “Understand that the creation of music is not easy.” There are thousands of good jobs, where people go to work with nothing other than music and making careers work for people in their mind. “It will help you get through your depressions; it will help you get through your joy. To the government, it will create jobs, help the tax base and bring tourists to our great nation. Music can help you, and you can help music.”

 

Mark Kohras is an IP Osgoode alum and the current Features Editor for IP Osgoode. For more coverage of Graham Henderson and Music Canada, see our blog on Graham’s .

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Graham Henderson's 5 Easy Steps to Fixing Canada's Music Industry /osgoode/iposgoode/2013/03/05/graham-hendersons-5-easy-steps-to-fixing-canadas-music-industry/ Tue, 05 Mar 2013 20:02:18 +0000 http://www.iposgoode.ca/?p=20343 #MusicCanHelp – This Twitter hashtag and motto for Graham Henderson’s recent address is now being used to inspire communities, industries, and politicians to help music help Canada. Graham Henderson, the President of Music Canada for the past eight years, has led an illustrious career over his lifetime.  Before serving as an advocate of the music […]

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#MusicCanHelp – This Twitter hashtag and motto for Graham Henderson’s recent address is now being used to inspire communities, industries, and politicians to help music help Canada.

Graham Henderson, the President of Music Canada for the past eight years, has led an illustrious career over his lifetime.  Before serving as an advocate of the music industry in his current position, Graham Henderson was a lawyer at McCarthy Tétrault LLP, founded his own entertainment law boutique, and served as Senior Vice-President of Business Affairs and eCommerce at Universal Music Canada. On Friday, March 1st, 2013, only a few weeks before his imminent induction into the , Mr. Henderson spoke to an attentive audience about the importance of the music industry in Canada and the five main areas in which Canada’s music scene can be supported, and in turn boost Canada’s economy and improve how the world views our country and culture.

The talk began with an overview of the importance of the music industry to the Canadian economy. Quoting commissioned by Music Canada, it was shown that the broader Canadian recording industry generated $400 million in spending nationwide and contributed $250 million to Canada’s gross domestic product.  In by the Ontario Chamber of Commerce, the music industry was referred to as one of the province’s “competitive advantages” and ranks alongside the other “M” industries of the province – manufacturing and mining.

On a global scale, our musicians make up a large contribution to how the world views Canadian culture and society.  Canada being only the 35th largest population in the world has the 7th largest music market, which demonstrates that “Canada consistently punches above its musical weight”. This is a point of pride that Mr. Henderson says should be held on to and built upon.

The effects that have been felt across the music industry as a result of digitization were also highlighted. What was once a $38 billion market has now shrunk to $16 billion. However, the in industry growth (the first in 13 years) has given the President of Music Canada reason to celebrate.

Mr. Henderson’s speech focused on information gathered as a result of efforts by Music Canada  that is slated to be released on March 21st, 2013 as a part of . While this report may not hold all of the answers, Mr. Henderson hopes that it would be key in getting the discussion going.  The following is an outline of the five key areas for exploration and investment that were discussed.

Music Education

Music education can “raise the bar” of Canada’s music industry.  The (ICTC) has been leading the charge in this area by making connections between music education and a skilled, tech-savvy workforce. Their research shows that by emphasizing the importance of this workforce, it will be easier to draw high-tech employers and employees to our country.

Better music education is an integral structure to making Canada an attractive place for investment. Improved music education would not only benefit young Canadians attempting to pursue careers in music, but will also provide benefits in a number of other areas such as collaborative skills and mathematics. However, as it stands, our school systems do not support music education in a very meaningful way. Research by found that the main deficiency in the system is lack of funding and low prioritization of music programs, resulting in “music rooms losing out to janitorial closets”.

On the bright side, the private sector has been stepping up in these areas, providing money for programs and instruments. Regardless of this, there is still a role for the government to play. Giving the example of – the successful nation-wide fitness initiative that receives much of its funding from the federal government – Mr. Henderson asked, “If physical fitness is important, why not music education?”

Digital Innovation

In order to be successful in this new digital age, the music community must adapt and evolve alongside society.  In this regard, research has shown three areas of opportunity:  innovation as a centerpiece of existing funding models, leveraging industry partnerships, and the creation of new models for monetization.

In the area of monetization in particular, the industry faces the challenge to “generate dollars from this business of pennies.” With the transition to digital consumption, there are often horror stories such as one physical CD sale being worth more to an artist than several hundred thousand streams of their music. The Canadian music industry also faces some market-specific issues – in a market where almost all digital retailers are foreign-owned, how can we ensure that Canadian content is given shelf space? In order to ensure this occurs, we need to get more retailers to prioritize our market, launch their services here, market here, hire Canadians, and build relationships with Canadian artists.

Music Tourism

Mr. Henderson identified tourism as an enormous latent potential that has largely remained untapped. The identified this area as one of the preventing Canada from competing on a global scale; an area that could be improved through music.

Music Canada’s economic impact studies have shown that the musical diversity in Ontario and across Canada is one of the country’s global advantages. From a by the , we know that 9.5 million overnight tourists to Ontario (almost 25%) participated in arts and culture activities during their trips (of which music is a driving force). From the same study, it was found that these “arts and culture” tourists spend almost twice as much while visiting.  Increasing the number of these types of visitors would provide a huge boost to our country’s economy.

Mr. Henderson then compared and contrasted the qualities of Toronto and Austin, Texas – the focus of a commissioned by Music Canada. While Austin’s population is only a fraction of Toronto’s, the plan that they have put in place has given them a reputation as a hub for live music and in turn, has provided increased local revenue and created new jobs.  Toronto’s to broadening the funding of the arts is a step in the right direction.

Export/Expansion Development

Canadian musicians and artists often act as ambassadors of Canada to the outside world – if one were to ask the resident of a foreign country of their first thought of Canada, it is likely that they would respond with a figure of our creative community. Musicians that “make it” on a global scale point to the existence of a culturally diverse landscape and make our country attractive for those looking to invest in new ventures. As a result, both tangible and intangible results will be obtained if we support artists and musicians from our country.

To this end, the forthcoming report will recommend a more elaborate private-public partnership that will require the creation of an export office that provides assistance to all that are interested. The goal of this office will be to promote Canadian content abroad, and help our musicians succeed on a global scale.  Mr. Henderson emphasized the importance of not only creating great music but also supporting it downstream. Building international fan-bases can be achieved through social media, international marketing support and technological innovation.

Interconnected Tax Credits

It is well-known that creative industries are highly susceptible to demand uncertainty – companies must make fairly extensive investments without knowing what the return for that investment will be. To alleviate some of this pressure, federal and provincial tax credits should be afforded to artists and investors.

Mr. Henderson intimated that he thinks the tax credit system for music should mirror that of the film industry in that the credits should be extended to foreign investment companies. The study shows that this would generate a further $60 million in spending and create 1,300 direct and indirect jobs.

Comments and Points of Discussion

While it was an interesting and thought-provoking speech, I was somewhat surprised that Mr. Henderson did not mention the fact that increasing music education might affect the public’s perception of the worth of creative works. Some of the discourse in the debate between creator and user rights revolves around the concept that some portion of the public sees less value in a creative work because of the existence of a “free” copy that can be downloaded on the internet. As a result, those users will be less likely to pay for a legitimate copy of the work (or will only be willing to pay when the price falls below a perceived threshold of value), thereby causing the market to change its pricing structure or suffer a loss of sales.

By educating a larger percentage of the population of our country – even if those that are educated do not choose a career in music – it may be possible to change future generations’ notions of “value” in creative works. If young Canadians can understand the work and effort required to create a musical/creative work, even the existence of a “free” copy might not tarnish the value of the work in the eyes of consumers.

My second thought while listening to Mr. Henderson’s speech was the place that crowd-funding has in the music industry’s future. Some of the problem that the industry seems to currently have is the question of whether a publisher’s return on investment with a certain artist will be profitable. Crowd-funding (seen on such websites as ) takes some of the guesswork out of the equation but it may be that indie artists are better suited to this type of approach to monetization. However, I feel that some altered form of crowd-funding may be usable by larger-scale publishing companies.

Thanks

A special thanks to McCarthy Tétrault LLP for sponsoring a table for IP Osgoode at the luncheon event hosted by the Canadian Club of Toronto on March 1st, 2013, and for providing students from Osgoode Hall Law School a special opportunity to hear the words of the upcoming inductee to the Music Industry Hall of Fame.

Adam Del Gobbo is a JD Candidate at Osgoode Hall Law School

The post Graham Henderson's 5 Easy Steps to Fixing Canada's Music Industry appeared first on IPOsgoode.

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