Licences

Decision Information

SODRAC - Application to fix royalties for a licence and its related terms and conditions SODRAC v. CBC [Determination (2017-2018)]

Collection Licences
Date 2017-05-24
Document Number CB-CDA 2017-054
Document Type Reasons
Decision Type Interim
Collective Society SODRAC
Regime Arbitration
AI Summary:

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Overview

The Society for Reproduction Rights of Authors, Composers, and Publishers in Canada (SODRAC) sought a licence to allow the Canadian Broadcasting Corporation (CBC) to reproduce works from SODRAC’s repertoire during its activities for the period of April 1, 2017, to March 31, 2018. SODRAC also requested an extension of the interim licence issued by the Board on June 27, 2016, until a final determination was made (para 1).

  • Copyright Board, June 27, 2016: Issued an interim licence allowing CBC to reproduce works from SODRAC’s repertoire (para 1).

Parties' Submissions

  • Applicant (SODRAC): Requested the Board to establish the terms of a licence for CBC’s reproduction of works from its repertoire for the 2017-2018 period and sought an extension of the interim licence issued in 2016 until the Board’s final determination (para 1).
  • Respondent (CBC): Agreed with the Board’s preliminary view that the interim licence should be extended (para 3).

Legal Issues

  • Should the interim licence issued on June 27, 2016, be extended until the Board’s final determination?

Decision

  • The Board granted SODRAC’s request to extend the interim licence issued on June 27, 2016, until the final determination of the matter (para 4).

Reasons

  • The Board noted that SODRAC requested the extension of the interim licence to ensure continuity of rights during the proceedings (para 1).
  • The Board sought CBC’s comments on the extension, and CBC agreed with the proposal (paras 2-3).
  • On consent of both parties, the Board determined that extending the interim licence was appropriate and granted the request (para 4).

Decision Content

Copyright Board
Canada

Canada Coat of Arms/Armoiries du Canada

Commission du droit d’auteur
Canada

 

Date

2017-05-24

Citation

CB-CDA 2017-054

File: 70.2-2017-01

Regime

Collective Administration in Relation to Rights Under Sections 3, 15, 18 and 21

Fixing of Royalties in Individual Cases

Copyright Act, ss 66.51, 70.2

Members

The Honourable Robert A. Blair

Mr. Claude Majeau

Mr. J. Nelson Landry

Proposed Tariffs Considered

Determination (2017-2018)

Society for reproduction rights of authors, composers and publishers in Canada v. Canadian broadcasting corporation

Reasons for decision

[1] On March 31, 2017, SODRAC requested the Board to establish the terms of a licence, which would allow CBC to reproduce works from SODRAC’s repertoire in the course of its activities, for the period of April 1, 2017 to March 31, 2018. SODRAC also requested that the interim licence issued by the Board in its decision dated June 27, 2016, be extended until the Board’s final determination of this matter.

[2] The Board’s preliminary view was that the interim licence should be extended as requested and, on April 6, 2017, asked CBC to comment on it.

[3] In its April 11, 2017, letter to the Board, CBC agreed with the Board that the existing interim licence should be extended.

[4] On consent, we grant SODRAC’s request that the interim licence issued by the Board in its decision dated June 27, 2016, be extended until the Board’s final determination of this matter.

Signature

Gilles McDougall

Secretary General

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