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CBC
a day ago
- Entertainment
- CBC
Why SOCAN is suing a Quebec City music festival for copyright infringement
Social Sharing The Society of Composers, Authors and Music Publishers of Canada (SOCAN) is suing Quebec City's Festival d'Été de Québec (FEQ) music festival for copyright. In the lawsuit, which was first reported by The National Post, SOCAN says the festival infringed copyright by performing or authorizing the performance of musical works under its repertoire, without a license and without paying the royalties, in 2022, 2023 and 2024. The FEQ is among the biggest outdoor festivals in Canada. Every year, the 11-day event gathers a star-studded lineup of artists with some shows drawing 90,000 people each night in Quebec City. But this year, on its first day on July 3, FEQ was hit with a lawsuit from SOCAN, which represents over 200,000 Canadian music writers, composers and publishers. The FEQ argued that its charitable status means it doesn't have to pay the fees. But experts in copyright law say it's not a strong defence. What does SOCAN want? Music composers, authors and publishers hold copyrights over their works and have the right to license the use of their music to those who want to play or perform them. SOCAN grants licenses and collects royalties on their behalf. Instead of paying these artists the fees directly, those playing the music can cut the check to SOCAN, who will redistribute the funds. Any public venue playing music has to pay royalty and licensing fees to SOCAN, whether it's a restaurant, bar or festival. But, SOCAN says the FEQ has been avoiding paying their fees by claiming that their charity status exempts them from doing so. It's an argument they've been using for a while, said Alexandre Alonso, SOCAN's director of Quebec affairs. He didn't specify if the festival had been avoiding payment for more than three years, stating SOCAN couldn't comment on the FEQ's actions beyond what is in the statement of claim. What SOCAN is asking from the festival is "simple," Alonso said, adding that SOCAN doesn't accept the FEQ's argument. "They are paying everybody, the vendors, the technicians, the artists on stage, but they don't pay the license fees," he said. He said SOCAN is open to negotiating with the festival outside the courts. "If they want to come and have that conversation and find a solution for the payment, we are still open," he said. No specific amount of money is claimed in the lawsuit. Alonso says it should equal three per cent of the festival's revenue for paid events or three per cent of the artist performance fee for free events. It's information that the FEQ hasn't disclosed to SOCAN, he says, making it impossible to estimate the amount they could be owed. CBC News reached out to the FEQ about prior exchanges with SOCAN on this issue. In an emailed statement, they declined to comment. How common is this? SOCAN enforcing copyright laws is nothing new. The organization often does so for smaller venues, including restaurants and theatres, says Madeleine Lamothe-Samson, a lawyer specializing in copyright law. "What's new is that SOCAN is now suing some very well known festival," she said. Compared to those who run local restaurants, and who might be unaware of the intricacies of licensing and royalty fees, she says music festivals ought to know their obligations. In 2022, SOCAN successfully sued a local restaurant in Alberta for copyright infringement and was entitled to nearly $150,000. In 2019, it sued another restaurant for just under $25,000. What is the FEQ's claim? In a statement sent to Radio-Canada on Friday, the festival has denied any wrongdoing. It maintains it was well within its right as a registered charity. The festival, also known as the Festival d'Été International de Québec (FEIQ), has been a registered charity since 1974. By virtue of its mission and legal status, the festival claims it is exempt under the Copyright Act from the payment of royalties to authors, composers and publishers. Copyright lawyer, Madeleine Lamothe-Samson, says this claim has no merit. "It's irrelevant. You still pay your electricity bill if you're a charity, you've got to pay," she said. "They know they don't have any argument," said Ysolde Gendreau, professor of law at the Université de Montréal (UdeM) specializing in copyright law. She added that the festival is likely using a common tactic: "They probably say 'I won't bother [to pay] and eventually if they really mean something, they'll sue me,'" she said. What's next? Lamothe-Samson sees a straightforward resolution to this case, suspecting it will not proceed to trial and will instead be settled before the next edition of the festival. Gendreau agrees with this outcome, but also sees the lawsuit as a potential "warning" to other venues who aren't paying SOCAN. "If the user does not want to pay, then it cannot play the music," she said.
Al-Ahram Weekly
12-06-2025
- Entertainment
- Al-Ahram Weekly
Egyptian authors slam Al Jazeera for unauthorized use of Al-Helm Al-Arabi song - Music - Arts & Culture
A dispute has broken out between Egypt's Society of Authors, Composers, and Publishers (SACERAU) on one side and Al Jazeera and its digital platform Al-Jazeera 360 on the other side, after the latter had used the famous song Al-Helm Al-Arabi (The Arab Dream) with altered lyrics. Al-Jazeera used Al-Helm Al-Arabi in the 6 June episode of its satirical programme Al-Shabaka, changing its title to: Generations After Generations Witnessing the Farce. It used the song, often called an operette, without permission, authorization, or consultation with the society or the rights holders, scriptwriter and poet Medhat El-Adl, SACERAU's head, said. El-Adl is the song's writer, to music by Helmy Bakr, directed by Ahmed El-Aryan. The song was launched in 1996, featuring 22 artists from various Arab countries. Al-Helm Al-Arabi is one of the most iconic artistic works. It expresses Arab unity and support for the Palestinian cause. In a statement, SACERAU described the action as a "blatant infringement on the intellectual and artistic rights of the national song." The society also strongly condemned what it referred to as "a crude and brazen violation of one of the most important artistic works in Arab collective memory." "What has occurred represents a flagrant violation and a complete legal and moral crime. It falls under the category of unlawful alteration of artistic works, an act that offends the moral integrity of authors and composers and distorts the original message of the work, which carried noble national and pan-Arab values," it added. The statement said the action is considered a direct and clear violation of Articles 148 and 181 in the Egyptian Law No. 82 of 2002 on the protection of intellectual property rights. Article 148 affirms that the author has the exclusive right to modify their work or authorize others to do so. Article 181 criminalizes the infringement of artistic works and stipulates civil and criminal penalties for offenders. Moreover, the society pointed to the breach of the Berne Convention for the Protection of Literary and Artistic Works, which Egypt is a signatory to. This convention grants authors the right to object to any distortion, mutilation, or modification of their work that would harm their honour or reputation. Accordingly, the society warned the platform's management against continuing to broadcast this infringement and demanded that all clips and videos containing this violation be immediately removed. It added that it expects a public and official apology to the SACERAU and the rights holders for this unlawful act. The society also demands an immediate halt to using any part of the song in any content related to the platform without consulting the SACERAU and obtaining the necessary licenses. Furthermore, it affirmed that it will not hesitate to take full legal action locally and internationally if this violation is repeated, including filing lawsuits for literary theft and moral defamation of a work protected by national and international laws and seeking appropriate financial and moral compensation. SACERAU The Society of Authors, Composers, and Publishers (SACERAU) was born out of the French Society of Authors, Composers, and Publishers of Music (SACEM) in 1944 to be its first Middle Eastern headquarters. SACEM is a society for the administration of artists' and performers' rights in France and Europe. It offers three main services: collecting and distributing royalties, promoting creators, and defending its members' rights. After successfully collecting musicians' royalties, the office's Egyptian authors decided to create their own entity in 1946. Egypt's SACERAU plays a similar role for its members: managing copyrights for musicians, collecting their royalties, and offering a pension programme. The two entities are still cooperating, as SACEM collects royalties for Egyptian authors abroad. The SACERAU is headed by scriptwriter and lyricist Medhat El-Adl. Follow us on: Facebook Instagram Whatsapp Short link:
