Licences

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Overview

The proceedings concern the fixing of royalties in individual cases under the Copyright Act. The dispute involves L’Association québécoise de l’industrie du disque, du spectacle et de la vidéo (ADISQ) and SODRAC 2003 Inc., along with the Society for Reproduction Rights of Authors, Composers and Publishers in Canada (SODRAC). The matter arises from the need to establish interim licenses for the reproduction of works, pending further examination of the applications submitted by the parties (paras 1-2).

Parties' Submissions

• Applicant (ADISQ): Submitted an application for an interim decision, citing an emergency situation described in its application (paras 1-2).
• Respondents (SODRAC 2003 Inc. and SODRAC): Filed their own application for an interim decision and submitted a proposed license for consideration (paras 1-2).

Legal Issues

• Whether the Board should adopt interim licenses proposed by the parties as an emergency measure.
• Whether the interim decision should remain subject to further examination and potential amendment.

Decision

• The Board adopted the interim licenses proposed by ADISQ and SODRAC, effective January 1, 2009, as an emergency measure (para 1).
• The Board indicated that the interim decision would be subject to further examination, which may or may not result in amendments (para 2).

Reasons

• Adoption of Interim Licenses: The Board adopted the licenses proposed by ADISQ (Exhibit RP-1) and SODRAC (Exhibit S-3) as an emergency measure to address the situation described in ADISQ’s application (paras 1-2).
• Further Examination: The Board emphasized that the interim decision is provisional and subject to further review, which could lead to amendments depending on the outcome of the examination of the parties’ applications (para 2).