Decisions
Decision Information
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Overview
The proceedings concern the determination of royalties to be collected by SODRAC for the reproduction of musical works in cinematographic works distributed in Canada for private use or theatrical exhibition. The royalties in question pertain to the years 2009 to 2012. The Canadian Association of Film Distributors and Exporters (CAFDE) sought an interim decision regarding the application of SODRAC Tariff No. 5 for this period.
- Copyright Board, December 3, 2012: The Canadian Association of Film Distributors and Exporters applied for an interim decision regarding the application of SODRAC Tariff No. 5 for the years 2009-2012.
Parties' Submissions
- Applicant (CAFDE): Requested the suspension of SODRAC Tariff No. 5 (2009-2012) and proposed the application of the 2004-2008 tariff on an interim basis. The Applicant argued that the reporting and payment requirements under the 2009-2012 tariff should not be enforced until the Board makes a final decision (paras 1-2).
- Respondent (SODRAC): [Not applicable or not found]
Legal Issues
- Should the application of SODRAC Tariff No. 5 (2009-2012) be suspended on an interim basis?
- Should the 2004-2008 tariff replace the 2009-2012 tariff on an interim basis?
Decision
- The application of SODRAC Tariff No. 5 (2009-2012) was suspended.
- The 2004-2008 tariff was applied on an interim basis, effective January 1, 2009, until further decision by the Board (para 1).
Reasons
The Board:
- Granted the interim application by CAFDE, suspending the 2009-2012 tariff and replacing it with the 2004-2008 tariff on an interim basis. This decision was made to ensure clarity and consistency in payment and reporting requirements until a final determination is made (para 1).
- Clarified that the reporting requirements under the interim tariff are those set out in the 2004-2008 tariff. Distributors are not required to comply with the reporting requirements of the 2009-2012 tariff for the time being (para 2).
- Indicated that if the Board later concludes that the CBC rate structure for video-copies is suitable for the market targeted in Tariff No. 5, the reporting requirements of the 2009-2012 tariff may be reinstated. Distributors were advised to maintain access to relevant information for dealings as of January 1, 2013, in anticipation of potential future changes (para 2).
Decision Content
|
Copyright Board |
|
Commission du droit d’auteur |
|
Date |
2012-12-20 |
|
Citation |
File: Reproduction of Musical Works |
|
Regime |
Collective Administration in Relation to Rights Under Sections 3, 15, 18 and 21 Copyright Act, section 66.51 |
|
Members |
Mr. Justice William J. Vancise Mr. Claude Majeau Mr. J. Nelson Landry |
statement of royalties to be collected by sodrac for the reproduction, in canada, of musical works embodied into cinematographic works for the purposes of distribution of copies of the cinematographic works for private use or of theatrical exhibition for the years 2009 to 2012
reasons for decision
[1] The December 3, 2012 application of the Canadian Association of Film Distributors and Exporters for an interim decision is granted. The application of SODRAC Tariff No. 5 (Reproduction of Musical Works in Cinematographic Works for Private Use or for Theatrical Exhibition), 2009-2012 is suspended. The SODRAC Tariff (Reproduction of Musical Works in Video-copies), 2004-2008 replaces the 2009-2012 tariff on an interim basis. It follows that the only payment and reporting requirements enforceable from January 1, 2009 are those set out in the 2004-2008 tariff, on an interim basis and until the Board decides otherwise.
[2] Reporting requirements under the interim tariff are those set out in the 2004-2008 tariff. Distributors are not required to comply with the reporting requirements set out in the 2009-2012 tariff, for the time being. Were the Board to conclude that the CBC rate structure for video-copies is also suited to the market targeted in Tariff 5, the reporting requirements set out in the 2009-2012 tariff probably would be reinstated. Distributors will wish to govern themselves accordingly and to ensure they have access to the required information, at least with respect to their dealings as of January 1, 2013.
Gilles McDougall
Secretary General