Independent filmmakers and digital content creators will suffer if Internet service providers are allowed to slow down certain Internet applications.
‘Net neutrality is a particular concern to digital media producers because their content is more and more distributed on the Internet. Data intensive files like video are the type of content or Internet traffic often affected by throttling or bandwidth reductions.
"Such practices may choke off the only distribution method that currently allows independent producers to directly reach their audience," John Barrack, national executive vice-president and counsel for the Canadian Film and Television Production Association (CFTPA), told the Canadian Radio-television and Telecommunications Commission Wednesday, Day Three of the Commission’s hearings on Internet throttling ands traffic management practices.
CFTPA was among other producer groups to present, along with organizations represeting disabled Canadians. Internet service provider MTS Allstream also appeared.
"Revenues from downloading or streaming digital content may soon become the primary, and in many cases, the only way for independent producers to finance, produce and distribute content," Susan Cleary, vice-president and general counsel of the Independent Film & Television Alliance, told the commission.
Jean Prewitt, IFTA’s President and CEO, has told US regulators looking at similar issues that “…[O]pen access … is absolutely critical to ensuring a vibrant film and television industry and a diversity of programming. An open Internet does not prevent technology solutions to block infringing and illegal activity; indeed, it is important that copyright protection solutions emerge and are implemented in the marketplace rapidly. All interested parties, though, not just a select few, must be a part of the transparent process to create and deploy these solutions.”
IFTA is the trade association for the independent film and television industry. IFTA is a nonprofit organization that represents more than 180 members from 22 countries, including independent production and distribution companies, sales agents, television companies, studio-affiliated companies and financial institutions engaged in film finance. Its members include Lionsgate, The Weinstein Company, Focus Features, Troma, Nu Image, Cinetel, Crystal Sky, Handmade Films and Fortissimo.
"All Internet users must be treated equally, regardless of what content they are sending or receiving or whether their ISP is a big or small player. Equal, unfettered access to the Internet is fundamental to the future of not only our broadcasting and telecom systems, but our health as a democratic country," said Stephen Waddell, ACTRA's National Executive Director.
ACTRA (Alliance of Canadian Cinema, Television and Radio Artists) is the national organization of professional performers working in the English-language recorded media in Canada. ACTRA represents the interests of 21,000 members across the country.
It says its position is supported and endorsed by the American Federation of Musicians, Canada representing over 17,000 professional musicians.
As well, ACTRA (Alliance of Canadian Cinema, Television and Radio Artists) is urging the regulator not to hand the keys to the Internet over to a handful of major corporations who control broadband access in Canada. Instead, it is asking the CRTC to enshrine the principle of 'net neutrality'.
"As Canadians continue to seek more and more broadcasting content online, it is imperative that the CRTC enshrine the principle of 'net neutrality' and keep the Internet free from interference by big service providers," said Ferne Downey, ACTRA National President.
Discriminatory traffic throttling diminishes the range of distribution options for Canadian performers and degrades the quality of the Internet as a content distribution platform. With increasing broadcaster concentration, ACTRA is also concerned that ISPs will discriminate in favour of their affiliated companies' content.
The groups allege that throttling distribution protocols such as P2P discriminates against many independent producers who may not have the means to pay for bandwidth to distribute films themselves or negotiate contracts with major distributors.
On behalf of its members, the CFTPA has been trying to negotiate “Terms of Trade” agreements with broadcasters to create a predictable business environment around the issue of rights over all platforms, including the Internet and mobile.
Observers says Internet bandwidth access and throttling options may be used to the disadvantage of smaller independent outlets such as those that use P2P tools such as BitTorrent, particularly when compared to for mainstream outlets such as iTunes or Hulu.
P2P file transfers are seen as a less expensive distribution method for independetn content creators, but also for people with hearing disabilities who need delivery of closed captions and scene descriptions in educational and other films, said representatives of the Council of Canadians with Disabilities and the ARCH Disability Law Centre .
Internet service provider MTS Allstream was one of the first major providers to appear at the hearings.
It has already argued for deregulation of the Internet, and it says 'Net Neutrality
and that wholesale access to broadband Internet not only is an essential service, but that it fits the CRTC's own definition of an essential service.
For more Mediacaster coverage of these and related issues, please see:
MTS Argues for Deregulation and 'Net Neutrality'
http://www.mediacastermagazine.com/issues/ISarticle.asp?aid=1000093871&PC=
National Digital Media Strategy Needed: CFTPA to Government
http://www.mediacastermagazine.com/issues/ISarticle.asp?aid=1000326304&PC=
Actors Set to Hit Stage at CRTC New Media Hearings
http://www.mediacastermagazine.com/issues/ISarticle.asp?aid=1000089979&PC=
Day One Coverage
'Net Neutrality Hearings Begin with Tech Presentations
http://www.mediacastermagazine.com/issues/ISarticle.asp?aid=1000333137&PC=
Day Two Coverage
Content Business Can Suffer Under Internet Throttling
http://www.mediacastermagazine.com/issues/ISarticle.asp?aid=1000333592&PC=