Law Times

PAGE 10 FOCUS Basskin's vocation is his occupation The music man BY JULIUS MELNITZER For Law Times D avid Basskin has been president of the Cana- dian Musical Repro- duction Rights Agency since 1989. And if there ever was a lawyer whose job defined him, it has to be Basskin. It's not just that Basskin is a voracious worker. Rather, it's that the job defines all of him. "I've been involved in music ev- ery day of my life since I was 10." CMRRA, a non-profit orga- nization owned by the Canadian Music Publishers Association, to whom Basskin is legal counsel, has as its constituency the vast majority of music copyright owners, more commonly known as music pub- lishers, doing business in Canada. On their behalf, CMRRA issues licences to users of the reproduction right in copyrighted music. The li- cences authorize reproduction of music in various formats, includ- ing CDs and cassettes (mechanical licensing), and in films, TV, and other audio-visual productions (synchronization licensing). This may seem simple enough Kuretzky Vassos Henderson LLP is widely recognized as one of Canada's leading employment and labour law boutiques. We practice at the cutting edge assist- ing a wide spectrum of clients ranging from major corporate employers through to individual plaintiffs. Our practice includes employment contracts, wrong- ful dismissal, collective bargaining, labour board applications, arbitrations, adjudications, employ- ment standards, health & safety, human rights and ADR. To discuss what we can do for you or your client, call Kuretzky Vassos Henderson LLP at Kuretzky Vassos Henderson LLP (416) 865-0504. Suite 1404, Yonge Richmand Centre, 151 Yonge Street, Toronto, ON M5C 2W7 Tel: (416) 865-0504 Fax: (416) 865-9567 www.kuretzkyvassos.com — but it's not. The advent of the digital world and the internet, and its evolution at astounding speed, means that the copyright land- scape has become an ever-chang- ing vista behind which governing legislation and jurisprudence seem to be lagging constantly. It's a world that breeds vision- aries — Basskin among them. For example, as radio stations moved from CDs and cassettes to storing music on servers, Basskin perceived that the new technol- ogy involved serial reproduc- tions. Over massive opposition from the broadcast industry, he pioneered what is known as the broadcast mechanical tariff, something that has become enor- mously lucrative for songwriters and music publishers. Basskin was also a major player in the evolution of internet licens- ing in Canada. Until the internet came along, CMRRA's licences were all products of industry-to- industry negotiations, which, on the whole, had proven successful for the publishers. 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The subject-matter is wide-ranging and addresses issues such as: human rights ORDER YOUR COPY TODAY! www.canadalawbook.ca LT0714 www.lawtimesnews.com BALL_Canadian Employment Law (LT 1-4x3).indd 1 7/8/08 2:36:35 PM from 5.25 cents per copy to 8.1 cents per copy today, and that's meant a lot to songwriters and publishers, because we've moved from having the lowest rates in the world to a more than respectable relative position," Basskin says. However that may be, the re- cord companies assumed that the traditional practice of industry- to-industry negotiation would continue in the internet age, that they would make their deal with CMRRA and then do the licens- ing themselves to companies like Apple's iTunes. After all, that's still the practice in the United States. The difficulty, as he saw it, was the online company was using two rights: the right in the song and the right in the sound recording. "We believed that everyone should license only their own material and protect their own interests," he says. "It's a ques- tion of control." The negotiations floundered. In the end, CMRRA teamed with SODRAC, its Quebec counter- part, to file a tariff application with the Copyright Board. "Going to the Copyright Board means guaranteeing the user community that we will grant a licence to anyone who meets the terms imposed by the board," Basskin explains. "But the real fight is at the board over the terms of the tariff." The record companies fought vigorously for the right to license songs at the 10-day hearing in Sep- tember 2006. But in March 2007, the board soundly rejected the re- cord companies' submissions. "The decision was the most important development for music publishers since the early '90s, and we followed by building a massive administrative apparatus that li- censes millions of uses and collects millions of dollars," Basskin says, noting that CMRRA's staff has grown from less than 10 full-time employees to over 100 today. The internet tariff application was only the second time CM- RRA had availed itself of its right to apply for a tariff. But the first, the application for a private copy- ing tariff, which led to the levy on blank CDs, was equally lucrative for Basskin's constituency. It must already be clear that Basskin isn't lacking in passion. He's in the habit of referring to those who advocate a free ride for users as "thieves." But forgive him the hyperbole: the man's an artist. "My background is that of a musician who has played clarinet and tenor sax in sym- phony orchestras and concert bands, although there has been very little of that in the last 20 years," Basskin says. Among his admirers is Casey Chisick, a Cassels Brock & Black- well LLP entertainment lawyer. "The Canadian Music Hall of Fame, if and when it adds a physi- cal building to its online existence, should erect a statue to David Basskin in its centre hall," Chisick says. "He lives and breathes the interests and concerns of his con- stituency, and he has been respon- sible for a lot of the major devel- opment, reforms and progress in music publishing licensing for the past two decades." Basskin got his law degree from Osgoode Hall and articled with Borden Elliott (now Borden Ladner Gervais LLP). He honed what turned out to be a fine legal mind during a year as a law clerk to the Ontario High Court of Jus- tice (now the Superior Court.) His interest in the arts led to a job as corporate secretary and legal counsel with the CTV network from 1981-1988, followed by a stint at Nelvana, the animation company that merged with Corus. Then he saw a Globe and Mail ad for a position with CMRRA, the organization he still serves. "My job lets me combine my love of music, technology, busi- ness and law," he says. Never one to fly by the seat of his pants, Basskin buttressed his business credentials by obtain- ing an MBA from the Rotman School of Management's execu- tive program in 1999. "The program was of tremen- dous assistance, because it trained me in strategic and entrepreneurial thinking to go with the analytical skills law school had taught me." As if that's not enough, Basskin for the past year or so has hosted "Stolen Moments," a jazz show named after an Oliver Nelson tune, on Friday nights at 10 p.m. on Jazz.FM91 online radio. He also does up to two-dozen stints a year on Ralph Benmergui's gig with the station. "I don't talk about copyright, I talk about jazz," Basskin says. Those who know him might be surprised that he makes the distinction. LT JULY 14/21, 2008 / LAW TIMES

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