Copyright is the economic foundation of the broadcast industry. Film and television producers earn revenue in the traditional/linear system by licensing their works to television broadcasters while music creators earn royalties from radio stations. However, the economic relationships facilitated by copyright transactions do not necessarily achieve all of the policy objectives in the Broadcasting Act, such as support for and promotion of domestic Canadian film, television, and music industries.
The rise of internet services as direct competition to the traditional broadcasting industry has challenged the norms of the traditional/linear system. Broadcasters operating in the traditional/linear system object to competing against streaming services that are not subject to the same regulatory requirements and domestic creators worry about the decrease in financial support as revenue shifts towards the new internet platforms. In response, the government has amended the Broadcasting Act to encompass both foreign and Canadian streaming services.
Our panelists will explore the shifting landscape and how copyright applies in the broadcast industry, including:
- The historical interplay of copyright and broadcasting
- The respective roles of the Canadian Radio-television and Telecommunications Commission (CRTC) and the Copyright Board
- The shifting/shifted digital landscape: Differences between digital content consumption and traditional broadcasting and how that is reflected at the Copyright Board and in evolving CRTC regulation
- Relevant caselaw, including the Supreme Court of Canada’s decision in Reference re Broadcasting Regulatory Policy, 2012 SCC 68, key Copyright Board decisions, and recent CRTC decisions
- Bill C-11 and its impact on traditional broadcasters, online streamers, producers, creators, and consumers
- Bill C-18 and the Google deal
