1989 • Copyright law. “Retransmission right” created as part of Canadian copyright reform and Free Trade Agreement between Canada and the U.S.. • Start-up. CRC dispatched incorporation documents to Ottawa. Incorporation finalized May 17. CRC founded by the Canadian Media Production Association (CMPA), ensuring that Canadian independent producers would share in the new retransmission right. Stephen Ellis, one of CRC’s founding directors, was appointed President at first meeting of the board of directors. • Governance. Initial membership of board of directors expands to include not only CMPA representatives but also PBS, AGICOA, APFTQ, TVO, NFB. New board members reflect expanded group of constituents represented by CRC. • Affiliates. Rightsholders represented include Canadian English and French independent producers, PBS suppliers, Canadian educational program producers, as well as all producers outside North America. 1990 • 1990-1991 tariff. First tariff hearings before Copyright Board of Canada (59 days of hearings). First retransmission royalty tariff certified (1990 & 1991). CRC receives second-largest share (12.81%). • People. Patricia Turner (now Manager, Affiliate Relations) contracted for CRC start-up. 1991 • 1990-1991 tariff. CRC appeals in the Federal Court the Copyright Board’s allocation. Decision upheld. • Operations. Royalty distribution software specifications and design begins. 1992 • 1992-1994 tariff. Second tariff hearings before Copyright Board (35 days in hearings). • Operations. Royalty software developed and tested. • People. Carol Cooper recruited as CRC’s Executive Director. 1993 • 1992-1994 tariff. Second retransmission royalty tariff certified. CRC receives second-largest share (13.51%). • Royalties. Royalty distribution policies approved by CRC’s directors. First royalty payments distributed to rightsholders ($3.6 million). • Operations. Royalty distribution software completed and implemented. 1994 • 1994 tariff. Broadcasters’ entire schedule (compilation) recognized as copyright work to the benefit of CRC’s broadcaster rightsholders. • Affiliates. International affiliate base of 600+ rightsholders. • People. CRC’s Carol Cooper and Stephen Ellis appointed to AGICOA’s Board of Directors and General Assembly. Gives Canadian rightsholders a voice at the international table. Facilitates flow of royalties from European territories, and sharing of best practices with other rights management/collecting societies. 1995 • 1995-1997 tariff. Historic royalty-rate-per-subscriber agreement with retransmitters simplifies tariff hearings process. Third tariff hearings before Copyright Board (3 days in hearings). • Small Systems Litigation. CRC joins with other collectives to launch legal claim against retransmitters over disputed royalties. Seeking revised definition of small retransmission systems, and clarification of certain royalty discounts. 1996 • 1995-1997 tariff. Third retransmission royalty tariff certified. CRC’s share is third largest (11.92%). • Royalties. Royalty payments distributed to rightsholders bringing cumulative total to over $20 million. 1997 • 1998-2000 tariff. Formal filings for fourth tariff completed by March 31 deadline. • Affiliates. International affiliate base of 2000+ rightsholders. • Royalties. Royalty payments totaling $13.3 million distributed to rightsholders. Represents largest sum released in a single year. Distribution of royalties now current. (Policy of “one year in arrears” implemented.) 1998 • 1998-2000 tariff. Fourth tariff hearings before Copyright Board (12 days in hearings). • Royalties. Royalty payments distributed to rightsholders. 80% of royalties collected from 1990 – ’97 have been distributed. 1999 • Copyright law. iCraveTV streams broadcast signals over Internet. Asks Copyright Board for recognition as retransmitter. CRC supports research by rightsholders who ultimately reach settlement with iCraveTV. iCraveTV stops pursuing this business model. • Affiliates. International affiliate base of 3000+ rightsholders. • Royalties. Years 1990 & ’91 closed out (reserves collapsed and all royalty payments distributed). Total distributed to rightsholders to date $45.4 million. • Operations. Royalty revenue rises as new direct-to-home (DTH) services (Expressvu & Star Choice) are launched. No appreciable erosion of subscribers to existing cable services. 2000 • 1998-2000 tariff. Retransmission tariff certified (1998 – 2000). Small downward adjustment of SOCAN’s royalties increases royalty pool for all. CRC’s share increases to 11.96%. FWS (major league sports) files appeal with Federal Court disagreeing with their allocation. • 2001-2003 tariff. Formal filings for fifth tariff completed by March 31st deadline. • Copyright law. Before streaming broadcast signals over the Internet, JumpTV requests Copyright Board recognize them as a retransmitter within the context of the retransmission royalty tariff, and asks them to determine a royalty rate and structure. Copyright owners and broadcasters opposed (want to retain control and be fairly compensated for Internet use) and JumpTV withdraws request. CRC and others moved to legislative arena with the matter of Internet streaming of broadcast signals. Federal government begins Copyright Act amendment process to formally address the concerns raised by those in the audiovisual community. • Affiliates. CRC begins to represent television programs transmitted by stations licensed in countries outside North America. The first is RFO (Radio-France Outremer), retransmitted by companies in St. Pierre & Miquelon. • Royalties. All reserves for 1992, 1993, 1994 collapsed and final payments made to rightsholders.Total royalty payments for the year $10.6 million. Total since inception now $56.1 million. • Operations. CRC administration costs kept to just 8.5% of revenues. 2001 • 1998-2000 tariff. The Federal Court of Appeal was not persuaded by FWS case concerning their share of royalties, and the application for judicial review was dismissed. FWS takes the issue to Supreme Court of Canada. • 2001-2003 tariff. Writers Guild of Canada formed the Canadian Screenwriters Collective Society (CSCS). Filed a claim with the Copyright Board for a share of royalties beginning in the 2001 royalty year. Represent authors, writers, creators of script material in television programs that are retransmitted. • Copyright law. Concerning amendments to the Copyright Act to address the JumpTV & iCraveTV issues, CRC remains vigilant, in concert with others. The Canadian Government tabled Bill C-48 in the House of Commons in response. • Small systems litigation. Action started in 1995. Mediator helped parties reach an agreement on formula for evaluating individual claims with retransmitters. Next step, to evaluate precise dollar implications of this formula, so that parties may agree to accept as basis for settlement, or proceed to litigation. • Royalties. Royalties undistributed by CRC to rightsholders steadily decreasing (at lowest level ever: $13.8 million, the equivalent of less than two year’s worth of royalties). • Operations. Surpassed $8 million in revenues collected – a record for a single year’s collections. Continue to be managed in cost-effective manner – administration costs held at just 8% of revenues. 2002 • 1998-2000 tariff. Supreme Court of Canada dismisses FWS's application for leave to appeal with costs. No reasons given. • 2001-2003 tariff. All matters dealt with satisfactorily outside of a formal hearings process including claim made by the Writers’ Guild of Canada (WGC) via their collecting society, CSCS, which was settled by agreement. CRC is a collective representing producers using the services of WGC members. CRC will pay CSCS royalties for their writer members. • Small systems litigation. Collectives and retransmitters disputed the definition of ‘small systems’ and associated discounts. Settlement reached in 2002, with payments to collectives for the years in dispute, 1990 through 1994. CRC share reflected in 2002 revenues. • Copyright law. Addressing the issue of streaming over the Internet, co-ordinated efforts by like-minded industry organizations, including CRC, lead to amendments of Copyright Act. Internet retransmission was not outlawed, but not licensed either. Such retransmitters must negotiate permissions and payments directly with rightsholders. Supreme Court of Canada confirmed unauthorized use of satellite signals is illegal. Coalition Against Satellite Signal Theft (CASST) formed to assist RCMP’s efforts to enforce the law, and to educate both consumers and dealers. Public awareness campaigns and lawsuits against dealers underway. Given annual losses in retransmission royalties from black and grey market satellite activities, CRC Board supports move to join CASST, and to support education initiatives. • Royalties. CRC’s 10th anniversary of distributions to rightsholders. Royalty distribution is $7.1 million dollars. • Operations. Operating costs as a percentage of revenue reduced to 7.7%. • People. Carol Cooper now 10 years with CRC. 2003 • 2001-2003 tariff. Retransmission royalty tariff certified by Copyright Board Canada. All matters dealt with satisfactorily outside of formal hearings process, and no material impact on CRC’s position stemming from this. Formal filings for next tariff met. CRC and other collectives jointly tackle major issue: case for an increase in retransmitter rates, which at 70 cents per subscriber per month, unchanged since 1990. • Affiliates. Vast repertoire of international works, copyright owners and every type of production imaginable: CRC now represents approximately 3600 rightsholders worldwide. • Royalties. Royalty distribution is $9.1 million. Cumulative royalties at $79 million. By end of year, all royalty payments and close-out reserves up to and including 1999 distributed. Undistributed royalties total just $13.8 million, the equivalent of less than 2 years of royalties. • Operations. Unique broadcast signals retransmitted in Canada CRC tracks annually: 170. RDS software redesign substantially complete and development underway. As with first royalty distribution system developed and implemented with CCC, sharing ideas and costs. 2004 • 2004-2008 tariff. Negotiations on rate increase between collectives and retransmitters continue (cost of doing this outside formal Copyright Board hearing process much lower). New collective, Direct Response Television Collective Inc. (DRTVC), representing infomercial producers, asserts a claim. And FWS continue to make a case for an increase to their percent share. • Governance. CRC’s board of directors addresses governance issues, including a repositioning of its officers. • Royalties. Royalty distribution this year totals $10.1 million dollars. Total collected since inception surpasses $100 million. Royalty distributions for 2000 and 2001 were closed. Close of 2001 a major moment in CRC’s history: full implementation of CRC’s close-out policy now complete (all royalties and reserves are now released no more than three years following year of retransmission). • People. Directors Stephen Ellis and John Robinson -15 years service on CRC’s board. McCarthy Tetrault and Peter Grant -15 years of legal counsel. 2005 • 2004-2008 tariff. Five-year settlement reached with retransmitters. Commencing in 2004, 15 cent increase (Three cents a year over five years. By 2008, 85 cents per subscriber per month). • Governance. Bylaw amendments approved by board of directors, CRC’s founding member, CMPA, and government (Industry Canada), making Cooper President & CEO, and Ellis Chair. • Royalties. Cumulative royalties released since CRC’s inception just over $97 million. Catch-up of distributions complete, CRC moves into a “normal” rhythm. Year includes one close-out for 2002, and one first general distribution for 2004. Significant milestone. • Operations. CRC celebrates 15 years of operation. Royalty distribution software development and testing on target. Data migration and implementation planned for 2006/2007. Administration cost-to-revenue ratio just 8.6%. • People. Pat Turner, Manager, Affiliate Relations, CRC and Affiliates benefit from 15 years with CRC. 2006 • Tariff. Rate per subscriber now 79 cents. Starting in 2004, increase of three cents a year for five years per subscriber, translates to 4.5 million more royalty dollars over the five years to the CRC and, more importantly, the rightsholders CRC represents. • Rightsholders. Since CRC founded, more than 5000 represented worldwide. 2700 active accounts. • Royalties. Total royalties distributed to affiliates since inception tops $100 million. 2007 • Royalties. Total collected on behalf of rightsholders since inception $127 million. $9.5 million distributed this year to affiliates. • CRC's low cost-to-revenue ratio at 8-9% remains consistent with previous years. • CRC entered into an agreement to adjust the allocation of retransmission royalties throughout the term of the 2004-2008 tariff; new collective DRTVC, representing infomercial producers, succeeds in establishing claim and FWS loses ground. All factored in, CRC's share increases from 11.96% to 12.03%. • People. Vanda Macura, Special Projects, 10 years service with CRC. 2008 • 2009 - 2013 Tariff. First filings for next tariff made by the March 31, 2008 deadline. • 2004 - 2008 Tariff. Copyright Board certifies tariff December 13, 2008. Rate per subscriber per month paid by retransmitters now 85 cents - approximately, $90 million annually. CRC's allocation confirmed at 12.03% retroactive to 2004 or $10.8 million annually. • Royalties. 2008 marks 15 years of royalty distributions to rightsholders worldwide. • ISAN. Doors open for registration agency, ISAN Canada. CRC board members Stephen Ellis, Stephen Stohn, and, President & CEO, Carol Cooper, are the applicants for the incorporation. ISAN - International Standard Audiovisual Number - provides a unique, internationally-recognized and permanent reference number for each registered audiovisual work. Widespread adoption of ISAN will facilitate the tracking and identification of works and greatly enhance CRC's ability to do the same for affiliates. 2009 • Operations. CRC celebrates 20 years of operation. • Royalties. Cumulative royalties distributed to rightsholders since CRC's inception just over $135 million. Royalties collected top $150 million. • 2009 - 2013 Tariff. CRC, with all the other collectives, proposed an increase in the rate retransmitters pay, and have entered into negotiations on this point with retransmitters. The goal is to obtain a rate increase from the current 85 cents per subscriber per year, meaning more royalties for the programs owned by our affiliates. 2010 • February 2010. CRC annual general meeting provides occasion to celebrate CRC's 20th year anniversary. Stephen Ellis, one of CRC's incorporating directors and CRC's Chair since inception, honoured. • People. Sara Waldie, CRC's Manager, Accounting, for 14 years, retires, having contributed much to CRC and the affiliates it serves. • People. Menka Domotor marks 5 years with CRC. Receives promotion to Manager, Accounting role. • People. March 2010 marks 20 years with CRC for Patricia Turner, Manager, Affiliate Relations. CRC and affiliates alike are indeed fortunate to have such tremendous depth of experience available. |
