‘Stealing is not innovation’: SOCAN CEO calls on feds to stand against text and data mining exemption for AI developers

The federal government should reject a text and data mining (TDM) exception to allow artificial intelligence (AI) developers to scrape copyrighted works, says the leader of Canada’s music publishers association. Appearing before the House industry committee on May 28, Jennifer Brown, CEO of the Society of Composers, Authors and Music Publishers of Canada (SOCAN), said tech developers across the world have been lobbying for a TDM exception, which would allow them to train models on copyrighted works without seeking the permission of the copyright owner. “Canada needs to take a strong stance text and data mining exception,” Brown said, adding that without that “loophole” on their side, developers will be required to come to the table and negotiate licensing and compensation for copyright holders. Brown said developers peddle the argument that innovation and copyright cannot coexist, a notion she urged MPs to reject. “Stealing is not innovation,” Brown said. “I don’t think that copyright has ever stifled innovation.” Bloc Québécois MP Gabriel Ste-Marie (Joliette—Manawan, Que.) asked Brown what she thinks of tech companies arguing they need open access to copyrighted works to train their models and create content. “I can’t take that argument seriously because we’ve heard it too many times before, and it has been disproven every time,” Brown replied. “This is exactly what Spotify said in the early days, this is what radio said for years,” she added. “But we’ve always been able to work hand-in-hand for them to grow and for them to be compensating the creators when they use that content in their growth.” Currently, Canada’s Copyright Act does not allow for any such exception and indicates creators must be paid for the use of their work. However, jurisdictions around the world are divided on the TDM exception. Brown pointed to Australia which, in 2025, rejected a proposal to amend its copyright law to include the exception. Earlier this year, the U.K. government backtracked on its initial position to adopt the exception with an opt-out option for copyright holders. However, the government has yet to announce its preferred stance and currently has no clear direction. Meanwhile, jurisdictions like the EU, Japan, and Singapore have gone ahead with versions of TDM exceptions, while developers in the U.S. often invoke the fair use exception of the copyright law when training models on copyrighted works. Brown criticized jurisdictions that allow for the exception but provide creators with an opt-out option, saying it puts the onus on the copyright holder to find out if their work has been used without permission, and then put in an application to prohibit that use. Instead, she said, an opt-in framework would be a better approach, putting the control entirely in the hands of creators to decide if they want to have their work used to train AI models. Speaking with reporters on May 27, Prime Minister Mark Carney (Nepean, Ont.) said the government’s AI strategy is “coming out next week.” It is not clear if the strategy will address the TDM question. In February, Canadian Identity Minister Marc Miller told The Wire Report changes to the Copyright Act “may” be needed to prevent judicial disputes related to AI use. But when asked at a national AI summit in March if the use of copyrighted materials to train AI models violates the act, Miller (Ville-Marie—Le Sud-Ouest—Île-des-Soeurs, Que.) said he does not believe the act needs amending, and that it protects creators and ensures proper compensation, per CTV News. But, according to Brown, the copyrighted content of Canadian creators is currently being used by AI developers without any permission from content owners. Miller’s office was not immediately able to provide comment when asked about the minister’s stance on a TDM exception. mcollins@thewirereport.ca

‘Stealing is not innovation’: SOCAN CEO calls on feds to stand against text and data mining exemption for AI developers

Regulatory |
By Maria Collins
|May 29, 2026

Unlock all the Canadian telecom, broadcasting and digital media news you need.

FREE TRIAL

SUBSCRIBE

Inside The Wire Report

Information

Hill Times Publishing

Get in Touch With Us

‘Stealing is not innovation’: SOCAN CEO calls on feds to stand against text and data mining exemption for AI developers

Regulatory | By Maria Collins |May 29, 2026

Unlock all the Canadian telecom, broadcasting and digital media news you need.

FREE TRIAL

SUBSCRIBE

Tory MP calls CRTC decision-making power a ‘democratic problem’

CRTC to consider Corus recapitalization proposal

CRTC proposes new closed captioning requirements for online streaming services

Related Stories

Solomon teases new labour advisory group that will inform AI policy

Telecom union calls on government to protect Canadian jobs by regulating AI use in industry

Miller, Solomon talk online harms, chatbot regulation with youth leaders

AI, access to information studies delayed by other priorities at ETHI committee

Reuse & Permissions

Inside The Wire Report

Information

Hill Times Publishing

Get in Touch With Us

Regulatory |
By Maria Collins
|May 29, 2026