Proceeding Details

Decision Information

Joint Statement of Issues - Totem Médias Inc. v CONNECT Music Licensing Service Inc.

Collection	Proceeding Details
Date	2024-02-06
Document Type	Statement of Issues
Collective Society	Connect
Notes	This document has not been made nor issued by the Copyright Board. It has not been translated and is only available in the language in which it was filed with the Board.
Regime	Arbitration

Decision Content

BETWEEN :

Matter Number: 71-2023-01

TOTEM MÉDIAS INC.

– and –

CONNECT MUSIC LICENSING SERVICE INC.

Applicant

Respondent

JOINT STATEMENT OF ISSUES

1. What are fair and equitable rates, and related terms and conditions (including minimum payments if any), for Totem’s reproduction of sound recordings in CONNECT’s repertoire in connection with the operation of Totem’s background music service?

a. What rates and terms would be agreed upon between a willing buyer and a willing seller acting in a competitive market with all relevant information, at arm’s length and free of external constraints?

b. Are there any relevant public interest considerations? c. Are there any other relevant criteria that the Board should take into account? i. What is the relevance, if any, of the decision of the Supreme Court of Canada in CBC v. SODRAC?

2. Is it appropriate for the Board to use benchmarks or proxies in setting the royalty rates and related terms and conditions for Totem? If so,

a. Do CONNECT’s existing licences with background music services serve as appropriate benchmarks?

b. What other benchmarks or proxies would be suitable?

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c. Should the Board consider the relative value of the right to reproduce sound recordings compared to the value of the other rights used by Totem to provide background music services?