Posts Tagged ‘commercial radio tariff’

Copyright Board refuses CAB request to rescind CSI tariff

December 21st, 2012

The Copyright Board released a decision earlier today dismissing the application of the Canadian Association of Broadcasters (CAB) for a decision reducing the royalties paid by commercial radio stations to CSI, AVLA/SOPROQ and ArtistI by 90 per cent, from November 7, 2012 until the Board renders a decision on the merits in the commercial radio tariff proceeding.

The CAB contended there is no longer a legal basis for a tariff targeting the reproduction of a sound recording, or a performer’s performance or work that is embodied in a sound recording, by commercial radio stations as a result of the recent Bill C-11 amendments to the Copyright Act and the fair dealing decision of the Supreme Court in SOCAN v. Bell Canada. The CAB also asked the Board to issue a decision rescinding the CSI tariff.

When do broadcasters reproduce works ? The Copyright Board clarifies the law in the Commercial Radio Tariff case

July 18th, 2010

The Copyright Board released its reasons for decision in the Commercial Radio Tariff proceedings last week. The case involved many different parties and issues and resulted in the certification of a tariff that covers a gamut of music uses by broadcasters in the course of their operations.

In the course of giving reasons for its decision, the Board made a number of important statements about what constitutes a reproduction for the purposes of the Copyright Act. In particular, the Board canvassed the activities of broadcasters and examined which activities resulted in reproductions of musical works (and sound recordings) in the course of their broadcasting operations.