Technological Change and Copyright Tariffs after CBC v. SODRAC (SCC 2015). Part 3

Presenter(s)

Carys Craig, Osgoode Hall Law School of York UniversityFollow
Ariel Katz, University of Toronto, Faculty of Law
Mario Bouchard, Copyright Board of Canada
Adriane Porcin, University of Manitoba, Faculty of Law
Bobby Glushko, University of Toronto
Howard Knopf, Macera & Jarzyna LLP

Document Type

Video

Publication Date

2-25-2016

Keywords

Copyright; Canada

Abstract

“MANDATORY” TARIFFS

The majority reasons established that the power of the Copyright Board to set the terms of a licence under s. 70.2 of the Copyright Act does not include the power to bind the parties to those terms: in the absence of clear authority that this is Parliament’s intent, “the burdens of a license should not be imposed on a user who does not consent to be bound by its terms.” What are the potential implications for other collective societies, copyright users, and the role of Copyright Board? Is this conclusion limited to the Board licenses established pursuant to s. 70.2, or do the reasons extend to other tariffs approved by the Board, essentially debunking the so-called “mandatory tariff” theory?

Comments

Begins with the end of Part 2.

Repository Citation

Craig, Carys; Katz, Ariel; Bouchard, Mario; Porcin, Adriane; Glushko, Bobby; and Knopf, Howard, "Technological Change and Copyright Tariffs after CBC v. SODRAC (SCC 2015). Part 3" (2016). UNPACK SODRAC Symposium. 3.
https://digitalcommons.osgoode.yorku.ca/sodrac/3

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