NMPA_International_Survey_12th_Edition
NMPA_International_Survey_12th_Edition
NMPA_International_Survey_12th_Edition
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APPENDIX<br />
C<br />
or sound recording files,or to make straight disc-to-disc<br />
copies, and sell them.<br />
However, in May 2002, Canada’s Federal Court of<br />
Appeal in Ottawa ruled that Internet service providers<br />
generally act as “common carriers,” but if they act as<br />
more than “passive providers” (by storing or “caching”<br />
music on their servers),they can be held responsible for<br />
paying music-copyright royalties.The ruling overturned<br />
a 1999 decision by the federal government's Canadian<br />
Copyright Board in which the Internet was deemed a<br />
means of communication for purposes of Canadian<br />
copyright law only if the server is located in Canada.<br />
Meanwhile, the Canadian government’s Copyright<br />
Board has ruled on royalties to be collected from commercial<br />
radio stations for making temporary or<br />
“ephemeral”copies of programs of music for later use.<br />
The payments, to be collected by the Canadian<br />
Musical Reproduction Rights Agency (CMRRA) and<br />
the Society For Reproduction Rights of Authors,<br />
Composers, and Publishers (SODRAC), are retroactive<br />
to January 2001. Under the two-tier tariff structure, a<br />
low-use station (defined as one that airs music for less<br />
than 20% of its total broadcast time) will pay 0.12% of<br />
its first C$625,000 in gross income each year, 0.23% of<br />
Canadian Music Publishers’<br />
Association (CMPA)<br />
OFFICERS:<br />
Executive Director:<br />
David A. Basskin<br />
Founded in 1949, CMPA is a<br />
trade association composed of all<br />
the multinational, as well as many<br />
of the independent, music publishers<br />
in Canada. Membership is<br />
divided into two categories: active<br />
membership and associate membership,<br />
intended for those whose<br />
music publishing activity is infrequent.<br />
CMPA’s ten-member Executive<br />
Committee is elected annually by<br />
all the association’s members, with<br />
all votes receiving equal weight.<br />
For most of the past twenty<br />
years, CMPA’s activities have been<br />
limited largely to lobbying the<br />
Canadian government for improvements<br />
to copyright legislation.<br />
These efforts have resulted in the<br />
“Phase I” package of amendments<br />
to the Copyright Act of 1988 and<br />
“Phase II”in 1997.<br />
The Phase I package eliminated<br />
the sixty-four-year-old two cent<br />
statutory mechanical license,<br />
allowing for direct negotiation of<br />
the rates, terms and conditions of<br />
mechanical licensing between<br />
CMRRA and the record industry.<br />
The Phase II package included the<br />
creation of a levy on the sale of<br />
blank recording media, which will<br />
start to generate income for music<br />
publishers,authors,performers and<br />
record producers this year.<br />
Presently the CMPA is working<br />
to encourage the government to<br />
pass legislation implementing the<br />
1996 WIPO treaties, which Canada<br />
signed in 1997. CMPA is also closely<br />
involved in other policy areas<br />
affecting publishers, including<br />
trade law, electronic commerce<br />
and broadcasting regulation.<br />
CMPA’s Executive Committee<br />
has also formed a subcommittee to<br />
focus on the development of conferences,<br />
training programs and<br />
better communications between<br />
the association, its members and<br />
prospective members,government,<br />
industry and the public at large.<br />
its next C$625,000 in gross income, and 0.35% of any<br />
additional income in the year. Any other station will<br />
make similar payments of 0.27%, 0.53%, and 0.8%. The<br />
ruling stems from a revision to Canada’s Copyright Act<br />
in 1997 that allows for such royalties.<br />
The Canadian Association of Broadcasters (CAB)<br />
has expressed its disappointment with the ruling, estimating<br />
the annual impact on its sector to be about<br />
C$6.5 million ($4.4 million). CAB had been seeking an<br />
exemption to ephemeral rights, and said it might<br />
appeal the decision.<br />
The Canadian government has also not yet ratified<br />
the two World Intellectual Property Organization<br />
(WIPO) treaties, the Performances and Phonogram<br />
Treaty and the Copyright Treaty. CRIA maintains that<br />
such failure to ratify the treaties, which were signed in<br />
1997, weakens Canada’s domestic music industry.<br />
Also, Jody Scotchmer has been named the first<br />
executive director of the Canadian Songwriters Hall of<br />
Fame in Toronto. The Hall of Fame was launched in<br />
1999 by the Canadian Music Publishers Assn. and the<br />
Songwriters Assn. of Canada.<br />
The Main Organizations of the Canadian Music Industry Are:<br />
CMPA<br />
56 Wellesley Street West<br />
Suite 320<br />
Toronto, ON Canada<br />
M5S 2S3<br />
Tel: 416-926-1966<br />
Fax: 416-926-7521<br />
Email: inquiries@cmrra.ca<br />
Canadian Musical<br />
Reproduction Rights Agency<br />
Ltd. (CMRRA)<br />
OFFICERS:<br />
President:<br />
David A. Basskin<br />
Vice President:<br />
Fred Merritt<br />
The Canadian Musical Reproduction<br />
Rights Agency Ltd.(CMRRA) is a<br />
non-profit music licensing agency<br />
representing the vast majority of<br />
music copyright owners in Canada.<br />
Founded in 1975 by a group of<br />
Canadian music publishers, the<br />
CMRRA was involved with the fight<br />
<strong>NMPA</strong> INTERNATIONAL SURVEY TWELTH EDITION APPENDIX C: U.K., JAPAN, GERMANY, FRANCE, CANADA, ITALY AND SPAIN UPDATES<br />
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