The Supreme Court released its decision yesterday ruling that the CRTC did not have the power to implement its proposed “value for signal regime”. The decision is a very significant one. First, because it limits the powers of the CRTC under the Broadcasting Act. Second, because it interprets S. 89 of the Copyright Act in a way that, effectively, creates a pre-emption doctrine that limits the powers to create copyright like rights to Parliament.[i]
Posts Tagged ‘value for signal regime’
This morning, the Supreme Court of Canada will begin hearing an appeal from the decision of the Federal Court of Appeal in the so called “value for signal” case. The Court of Appeal, in a split decision, ruled that the Broadcasting Act empowers the CRTC to establish a regime to enable private local television stations to choose to negotiate with broadcasting distribution undertakings a fair value in exchange for the distribution of the programming services broadcast by those local television stations.