TORONTO, July 12, 2012 /CNW/ - The Supreme Court of Canada today issued a decision in Re:Sound v. Motion Picture Theatre Associations of Canada, et al., concluding that artists and record companies are not entitled to equitable remuneration when their recordings are broadcast on television or in films.
This means that, unlike songwriters and publishers, artists (including featured performers, background players, session musicians, etc.) and record companies will continue to be shut out from compensation even though their recordings contribute significantly to the success of a film or TV program.
"I cannot say we are not disappointed by today's ruling. It seems incongruous that songwriters should be compensated when their work is broadcast on TV and in motion pictures, while the actual performers of the recordings are not," commented Re:Sound President, Ian MacKay. "That being said it is the Supreme Court's role to interpret the law as it exists, not as it should be. Unfortunately, Canada's copyright law has today been found to put Canadian recording artists and record companies at a disadvantage in the international marketplace."
On June 26th at Beijing, Member States of the World Intellectual Property Organization (WIPO), including Canada, finalized a treaty that would strengthen economic rights for performers in audio-visual media. Today's Supreme Court decision has far-ranging implications - while many developed countries already compensate creators when their music is played in audio-visual media, Canada will continue to deny its artists and record companies similar remuneration.
About Re:Sound
Re:Sound Music Licensing Company is the Canadian not‐for‐profit music licensing company dedicated to obtaining fair compensation for artists and record companies for their performance rights. On behalf of its members, representing thousands of artists and record companies, Re:Sound licenses recorded music for public performance, broadcast and new media. All of the money collected by Re:Sound is distributed to our members, less only our actual costs. Created in 1997 (as NRCC), our member organisations are ACTRA RACS, ARTISTI, MROC, AVLA and SOPROQ. For more information, please visit us at www.resound.ca.
Matthew Fortier
416-355-8349
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