Licences
Decision Information
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Overview
The Society for Reproduction Rights of Authors, Composers, and Publishers in Canada (SODRAC) sought to establish royalties for the reproduction of works by the Canadian Broadcasting Corporation (CBC) on various platforms, including wireless services and specialty channels. The dispute arose from the need to determine the applicable terms and conditions for these uses under existing agreements.
- Copyright Board, March 31, 2009: Issued an interim decision setting out initial terms and conditions for royalties payable by CBC to SODRAC.
- Copyright Board, October 13, 2009: Amended the interim decision to include additional terms and conditions for specific services and channels.
Parties' Submissions
- Applicant (SODRAC): Requested amendments to the interim decision to include royalties for CBC’s wireless services and specialty channels Bold and Documentary, and to clarify the applicable terms and conditions under prior agreements.
- Respondent (CBC): Consented to the amendments proposed by SODRAC.
Legal Issues
- Should royalties for CBC’s wireless services and specialty channels Bold and Documentary be included in the interim decision?
- What terms and conditions should apply to the uses specified in the amended decision?
Decision
- The interim decision of March 31, 2009, was amended to include royalties for CBC’s wireless services and specialty channels Bold and Documentary.
- The applicable terms and conditions for these uses were clarified based on prior agreements.
Reasons
The Board:
- Amended Section 2 of the interim decision to include royalties of $1 per month for CBC’s wireless services and $1 per month for the specialty channels Bold and Documentary, reflecting the consent of the parties.
- Replaced Section 3 of the interim decision to specify that the uses outlined in the amended paragraphs would be subject to the terms and conditions of either the 2002 or 1992 agreements, depending on the type of use.
- Concluded that the amendments were necessary to address the additional uses and ensure clarity in the applicable terms and conditions.
Decision Content
|
Copyright Board |
|
Commission du droit d’auteur |
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Date of Decision |
2009-03-31 |
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Date of Amended Decision |
2009-10-13 |
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Citation |
File: 70.2-2008-01 |
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Regime |
Fixing of Royalties in Individual Cases Copyright Act, sections 66.51 and 70.2 |
|
Members |
Mr. Justice William J. Vancise Mr. Stephen J. Callary Mrs. Sylvie Charron Mr. Claude Majeau Ms. Jacinthe Théberge |
SODRAC 2003 inc. and society for reproduction rights of authors, composers and publishers in Canada (SODRAC) v. canadian broadcasting corporation (CBC)
Reasons for decision
Following SODRAC’s request of September 30, 2009 and taking into account the consent of the CBC, the interim decision issued on March 31, 2009 is amended as follows.
A) Section 2 is amended by adding, after paragraph 2(a), the following:
(a.1) for CBC’s wireless services, $1 per month;
(a.2) for the specialty channels Bold and Documentary, $1 per month;
B) Section 3 is replaced by the following:
3. The uses set out in paragraph 2(a) shall be subject to the terms and conditions of the 2002 agreement. Those set out in paragraphs 2(a.1), (a.2), (b), (c), (e) and, subject to section 4, 2(d) shall be subject to the terms and conditions of the 1992 agreement.
Lise St-Cyr
Senior Clerk of the Board