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Copyright Board |
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Commission du droit d’auteur |
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Date |
2026-01-19 |
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Ruling of the Board |
CB-CDA 2026-006 |
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Proceeding Number |
PT25-16 |
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Proceeding |
Artisti Tariff – Phonograms (2023-2028) |
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Member |
The Honourable Luc Martineau |
I. Overview
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[1] At the request of Artisti, with consent of the Association québécoise de l’industrie du disque, du spectacle et de la vidéo Inc. (ADISQ), the proceeding is suspended until February 26, 2027.
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[2] Artisti and ADISQ jointly requested on December 15, 2025, a suspension of the proceeding until January 20, 2026, to allow some of their members to approve a four-party agreement in principle between the Guilde des musiciens et musiciennes du Québec (GMMQ), the Union des artistes (UDA), Artisti, and ADISQ, concerning the working conditions and remuneration of accompanying artists who have entrusted their exclusive rights to Artisti.
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[3] These parties also indicated in their December 15, 2025, request that if the respective assemblies of ADISQ, GMMQ, and UDA approve the agreement in principle, another request to suspend the proceeding would be filed no later than January 20, 2026, to allow for the negotiation of an agreement concerning the working conditions and remuneration of featured artists whose services are hired by producers members of ADISQ, and to allow these negotiations to continue, they would request on or before January 20, 2026, a suspension of the proceeding until February 2027.
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[4] On December 15, 2025, the objectors, the Canadian Independent Music Association (CIMA) and Music Canada indicated they took no position on the request to suspend until January 20, 2026, but “reserved all their rights”, including the right to object to any further suspension.
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[5] The proceeding was suspended on December 17, 2025, until January 20, 2026 (Ruling CB-CDA 2025-128).
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[6] Artisti informed the Board on January 15, 2026, that ADISQ’s general assembly made the resolution to ratify the agreements in principle with conditions, including that the consideration by the Board of the proposed Artisti phonograms 2023-2028 and online music services 2023-2028 tariffs be actually delayed at least until February 2027.
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[7] Artisti explained that unless the consideration of the abovementioned proposed tariffs occurs after February 2027, the agreements in principle will not be ratified, which would cause a significant prejudice to the performers and producers designated under the agreements.
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[8] For reference, the agreements at stake are group agreement providing minimum conditions applicable to the entering into contracts with performers, as provided underthe Act respecting the professional status of artists in the visual arts, film, the recording arts, literature, arts and crafts and the performing arts.[1] Artisti explained that the GMMQ-ADISQ and UDA-ADISQ agreements have not respectively been updated since 1996 and 1997 despite extended negotiations.
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[9] The request is granted. The proceeding is suspended until Friday, February 26, 2027.
II. Background
III. Ruling
[10] While the Board cannot be procedurally bound by negotiations that take place outside a tariff proceeding, it is in the public interest to facilitate the conclusion of a group agreement.
[11] If CIMA and Music Canada objected to the suspension request, the decision would very likely be to suspend the proceeding.
[12] Parties may request at any time that the proceeding resume if the conditions warrant it.
[13] During the suspension period, Parties shall advise the Board as soon as the agreements are finalized.