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Copyright Board
Canada

Canada Coat of Arms/Armoiries du Canada

Commission du droit d’auteur
Canada

 

[CB-CDA 2024-019]

 

NOTICE OF THE BOARD

 

Proceeding: Online Music Video Services (2014-2018)

March 3, 2024

 

I. overview

[1] I have reviewed SOCAN’s Amended Notice of Grounds (2024-01-29), Stingray’s Notice of Grounds for Objection (2024-02-08), and SOCAN’s Response (2024-02-22).

[2] SOCAN and Stingray are to file a Joint Statement of Issues (“JSI”) by April 4, 2024. (See Practice Notice 2023-012.) I have identified below several issues that Parties may want to consider for inclusion in their JSI.

[3] If a party is of the view that there are issues that the Board should consider, but the parties do not agree to include them in the JSI, the party may file a separate document with a description of those issues. Any such document must be filed by April 4, 2024.

II. issues for CONSIDERation

Generally

1. Do the Proposed Tariffs cover activities that did not take place during the 2014–2018 period?

Relationship between royalties for audiovisual files and audio files

[4] Most royalty rates proposed by SOCAN rely on a relationship between the royalty rates for musical works in audiovisual files and royalty rates for musical works in audio files.

2. Should this type of relationship between the rates for audiovisual files and audio files be considered in the current proceeding?

 

3. If so, which reference rates or prices should the Board use to determine the relationship?

Hybrid Services

4. How should the Board determine the appropriate apportionment of royalties for the communication and reproduction of musical works by hybrid services?

Minimum Royalty Rates

5. What should the Board consider when determining the appropriate structure and amount of minimum fees?

Nathalie Théberge
Case Manager

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