| Copyright Board |
|
Commission du droit d’auteur |
| Date
|
2005-01-14
|
| Citation
|
File: Public Performance of Sound Recordings 2003-2005
|
| Regime
|
Public Performance of Sound Recordings
Copyright Act, section 68(3)
|
| Members
|
Mr. Stephen J. Callary
Mrs. Sylvie Charron
Ms. Brigitte Doucet
|
| Proposed Tariffs Considered
|
1.C – CBC RADIO IN 2003, 2004 AND 2005
|
Statement of Royalties to be collected by NRCC for the public performance or the communication to the public by telecommunication, in Canada, of published sound recordings embodying musical works and performer’s performances of such works
Reasons for decision
Pursuant to subsection 67.1(1) of the Copyright Act (the Act), the Neighbouring Rights Collective of Canada (NRCC) filed on April 2, 2002
[1]
, its statement of proposed royalties for the public performance or the communication to the public by telecommunication, in Canada, of published sound recordings embodying musical works and performer’s performances of such works for the years 2003 to 2007. The statement was published in the Canada Gazette on May 11, 2002.
The Canadian Broadcasting Corporation (CBC) objected to this proposal on the grounds that it represented a substantial increase over what the Board had certified for the previous years, and that it was excessive.
On February 17, 2004, the NRCC informed the Board of an agreement reached with the CBC. For the years 2003, 2004 and 2005, parties agreed on a monthly royalty rate of $80,000 which is identical to the one certified by the Board for the period 1998-2002.
The Board takes note of the agreement and certifies for the period 2003-2005 a tariff identical to the one certified for 1998-2002, except as follows:
- Thetitleofthe1998-2002tariffreferredto“published sound recordings embodyingmusicalworks and performer’s performances of such works”, whereassection 1referredto“publishedsoundrecordings of musical works”. The wordingof section1 ismodified tobe consistentwith the title of the tariff.
- Section2referredtothetransitionalroyaltyrates setout intheAct. Thoseratesarespent. Consequently,section2isdeleted.
- Section7,whichcontainstransitionalprovisions that areno longerrelevant, isdeleted.
The agreement pertains to a shorter period than that of NRCC’s proposed tariff. NRCC maintains its tariff proposal for the years 2006 and 2007 and CBC maintains its objection for these same years. The current certification thus excludes these two years.
Claude Majeau
Secretary General