Broadcastthis's Weblog

In order to do something really well (speaking as an artist), you have to be a fan of the genre/medium that you’re working in. At the end of the day; we’re all audience members.

How ACTRA is fumbling the ball on copyright…

Bill C-61 is going to make it *even more* difficult for aspiring new media artists to connect with a ready-willing-and-able fan base. They (ACTRA), are handing over the reins, the spigots -insert your metaphor here- to the very people that they’re claiming to be protecting us from. (BTW – haven’t seen an increase in television funding that doesn’t include private corporate ownership in years. Nice to have ACTRA take a seat at the table, but I think they should angling for dinners and cocktail parties with the big guys, instead of sitting at the luncheon table before the Standing Committee on Heritage….whatever they’re doing, it’s *not* bringing more money into the system.)

ACTRA has done an admirable job of negotiating a rate of pay for their membership in new media. It was a true “first” in new media, as the timing of the contract negotiations meant that ACTRA (the little Canadian union) was the first up to bat against Hollywood on an issue that had never been covered in previous years.

That’s how fast this is all moving folks…

I’m not saying that ACTRA is resting on it’s laurels from a good round of negotiations a year and a half ago…I’m saying that the upcoming negotiations (2010) are looking like a recipe for disaster for those independents that *want* to work with ACTRA but don’t want to give their work away to a faulty distribution system that ACTRA is attaching itself (meaning: those who are actually trying to get work as performers) to.

The ACTRA Executive cannot make the claim that their efforts are resulting in more work for their membership. They may be able to claim that they’re recouping more residuals and keeping themselves busy by trying to keep up with a global proliferation of video product and tracking their members previous work, but…..you can’t tell me that it’s a “busy time” in Canadian film and television. And don’t say “it’s Summer” either….

Important decisions that affect the way we’re communicating with each other are being decided without proper consultation. I don’t think it’s a coincidence that the laws are so harsh and just itching to have the triggers installed.

Gee…you’d almost think that the “industry” had someone on the “inside”…

As a dues paying ACTRA member, I can honestly say that I’ve never met Brad Keenan, director of ACTRA. I know nothing of the man, since all missives sent out on behalf of ACTRA to its membership are generally from Richard Hardacre, National President (an actor too, I may add), Karl Pruner, Toronto President (another actor), or Stephen Waddell, Exec. Dir (longtime ACTRA staff and was a talent agent for a spell).

But Keenan’s appointment as Director of ACTRA Performer’s Rights Society, wasn’t really something that I remember as getting much press with the membership. In fact….I couldn’t even tell you who the Director was previously. We had recently ended our strike against the AMPTP and everyone was patting each other on the back over how well we did in setting a precedent for remuneration in new media for performers. The studios actually *gave* us language that would allow us to fight for the money they hate paying.

And now, when it comes to how ACTRA feels about Bill C-61, Brad Keenan comes in, (because he’s the Director of ACTRA…meaning….he’s directing it…), and says:

“ACTRA believes that consumers should have flexibility, however, artists must be compensated for uses of their work and we don’t see this part of the equation in the government releases. We would be deeply concerned if the Bill allows people to copy artists’ work onto media devices like iPODS without compensation for creators; and, also if existing levies and royalties are affected by this Bill.”

I can’t pretend that I speak for all ACTRA members, but I do know that I speak for enough of them when I say that ACTRA members understand that if you buy an illegal copy of “Hollywoodland” on Khaosan Road (why isn’t ACTRA going *nuts* about what’s going on in Thailand?!), you’re going to dump it into your iPod, burn it for someone and end up leaving it somewhere for anyone else to take. That’s what the working class membership of ACTRA understands. An ACTRA member is happy to see that their commercial got another 13-week cycle, but believe me….they’re waaay happier when they hear that you saw them on TV in Thailand (happens way more than you think). Who double-checks to see if ACTRA is “on top” of the producers to be “on top” of their Thai distributors? No-one.

But back to Brad…

Mr. Keenan is “deeply concerned” about the existing levies and royalties that could be affected by this Bill. My problem with this is that he doesn’t seem to be concerned about how his membership feels about the issue. In fact, any criticism of ACTRA’s policy gets brushed off as if it were too petty be discussed as an actual “Society”.

Of course, my other problem (and perhaps most pressing), is that Brad Keenan was the former head of music, licensing and partnership marketing at Sony BMG Music Canada previous to taking the reins, spigots, what-have-you, at ACTRA.

ACTRA’s claims on the “Myths & Truths” of Canadian Copyright, are made all the more insincere about privacy issues and DRM technology when you consider the fact that the Director of this “union” worked for Sony BMG. I’m sure he knows a thing or two about “rootkits” (if you don’t know what that means, check this post).

It would be disingenuous of Mr. Keenan to suggest that he’s putting performers first when directing ACTRA in such a fashion with regards to copyright.

But he’s not suggesting that he’s putting performers first. Or fans.

That’s how my union is helping to kill the beloved mixed tape.