Television Bureau of Canada (Telecaster Services)

January 21, 2007

Jim Patterson

President and CEO

160 Bloor Street East, Suite 1005

Toronto, ONM4W 1B9

Dear Mr. Patterson:

I am writing you to urgently consider the Telecaster policy giving public officials like the Prime Minister of Canada a de facto veto over the use of their public statements and commitments in advertising.

As you are aware, the Canadian Renewable Fuels Association (CRFA) intends to run a television advertising campaign starting today, January 22, 2007. Our campaign consists of two ads, one focuses on the benefits of ethanol and biodiesel and the second reminds Canadians of the commitment made by the Conservative Party to increase renewable fuel content in Canadian gasoline and diesel fuel.

Telecaster has reviewed these ads and has requested changes to the voice-over and video super of our logo at the end of the ad. These changes have been made and revised versions will be sent to you before noon tomorrow.

However, a more troubling requirement was brought forward with respect to our second ad. This commercial contains a brief clip of the Conservative Party Leader, Stephen Harper, speaking at a campaign event outside Chatham, Ontario on December 21, 2005. On Friday afternoon we were informed by Telecaster that we required consent from Stephen Harper for the use of the clip in question. Failure to obtain consent would result in the second ad not being aired.

It is our position that statements made by public officials at public events about public policy topics are not subject to copyright restrictions. As such, it is not for Telecaster to require consent from the public official in being clipped, nor is it for the public official in question to either grant or deny consent for a clip to be used.

For their part, the Conservative Party, in a letter to me yesterday, stated “I understand that the statement in your ad was made by Mr. Harper at a public event with unrestricted media access while he was publicly campaigning in his capacity as Leader of the Conservative Party of Canada. I am not aware how the Party, or Mr. Harper for that matter, has anything to say- permitting, refusing, or otherwise- about the broadcast of a clip from a public event of the Leader.”

We believe there is an important point of principle at stake – the right of Canadians to use public statements made by elected officials, particularly those made during an election campaign, without first seeking their consent. The restriction you are asking for would limit public debate, free speech and political accountability. These are fundamental rights worth standing up for in a democracy. Moreover, they are rights that one would expect an organization funded by Canadian Broadcasters would fight to defend, rather than erode.

On behalf of the Canadian Renewable Fuels Association, I encourage you to revisit and reverse your decision without delay, and allow our second ad containing a clip of Stephen Harper to air without prior authorization of the Prime Minister.

I look forward to your response.

Sincerely yours,

Kory Teneycke

Executive Director

Attachments:Email from Daniela Arismendi with Television Bureau of Canada

Email from Mike Donison, Executive Director of the Conservative Party