| Copyright Board |
|
Commission du droit d’auteur |
[CB-CDA 2023-004]
NOTICE OF THE BOARD
File: Online Audiovisual Services – Music (2014-2018)
January 27, 2023
[1] At the Case Management Conference held on January 25, 2023, as per Order 2023-001 (Annex A), certain parties to this proceeding expressed an interest in having the Board consider additional tariff years.
[2] Currently, the proposed tariffs identified in Annex B are under consideration. No substantive submissions on these have yet been made.
[3] I am of the preliminary view that the Board should add the following proposed tariffs to this proceeding:
• SOCAN Tariff 22.A – Online Music Services, 2019, 2020, 2021-2023, 2024-2026 [music videos only]
• SOCAN Tariff 22.D.1 – Internet - Other Uses of Music - Audiovisual Content, 2019, 2020
• SOCAN Tariff 22.D.1 –Internet - Audiovisual Content, 2021-2023
• SOCAN Tariff 22.D.1 – Online Audiovisual Services, 2024-2026
• SOCAN Tariff 22.D.2 – Internet - Other Uses of Music - User-Generated Content, 2019, 2020, 2021-2023
• SOCAN Tariff 22.D.2 – User-Generated Content Services, 2024-2026
• SODRAC Tariff 6 – Reproduction of Musical Works Embedded in Audiovisual Works for Transmission by a Service, 2019
• SOCAN-SODRAC Tariff 22.A.R – Reproduction of Musical Works Embedded in Music Videos for Transmission, 2020
• SOCAN Tariff 22.A.R – Reproduction of Musical Works Embedded in Music Videos for Transmission by a Service, 2021-2023
• SODRAC Tariff 7 – Reproduction of Musical Works Embedded in Audiovisual Works by a Service, 2019
• SOCAN-SODRAC Tariff 22.D.1.R – Reproduction of Musical Works Embedded in Audiovisual Works for Transmission, 2020
• SOCAN Tariff 22.D.1.R – Reproduction of Musical Works Embedded in Audiovisual Works for Transmission by a Service, 2021-2023, 2024-2026
[4] My view is informed by
• the statutory requirement that the Board act expeditiously; and
• my preliminary assessment that the benefit of completing the consideration of the most-recently filed proposed tariffs outweighs the disadvantages of any additional complexity or time required to issue a decision.
[5] Parties to the current proceeding, including interveners, as well as objectors to the above identified proposed tariffs, may comment on the addition of the tariffs identified above, as follows:
• if parties disagree that the additional complexity is manageable, they must provide a detailed explanation as to why;
• if parties agree that the additional complexity is manageable, they should state so; and
• if parties have views on how any additional complexity can be managed, they should comment on this as well.
[6] For ease of reference, the following lists are attached:
• Proposed tariffs under consideration in the current proceeding (Annex B)
• Parties to the current proceeding (Annex C)
• Objectors to the proposed tariffs listed in paragraph 3 (Annex D)
Next Steps
[7] Any comments in response to this Notice must be filed with the Board by Friday, February 10, 2023.
[8] Order 2023-001 contemplated the possibility that the consideration of the proposed tariffs would be separated into two proceedings. One proceeding would aim to consider— likely by way of a written hearing—those proposed tariffs that raise simpler, or fewer, issues. The other proceeding would cover the remaining proposed tariffs.
[9] Once I have decided which years will be considered, I will ask parties to make submissions on this possible separation into two proceedings.
[10] Requests to intervene by any person who has not yet been granted intervener status will be considered at a later point in time. I intend to solicit such requests only after I have decided on which years will be considered by the Board, and whether in one proceeding or two.
Nathalie Théberge
Case Manager