Post Tagged with: "Copyright Board"

The '67 Leafs on the Stanley Cup by Scazon (CC BY 2.0) https://flic.kr/p/5Criwf

Why the Copyright Board of Canada Needs a Leafs-Style Tear-Down

In recent weeks, there has been growing talk of the need for the Toronto Maple Leafs to engage in full scale demolition of the current roster (as a long-suffering Leaf fan, I approve). The call for an overhaul comes as fans recognize that minor tinkering has resulted in years of mediocrity and that real change requires more drastic reforms. While the Leafs and the Copyright Board of Canada operate in entirely different worlds, they share a key similarity: the desperate for a complete reset.

The problems with the Copyright Board have been well-chronicled: the industry has been unhappy with many of its decisions (see the Tariff 8 decision), its rulings on fair dealing have been firmly rejected by the Supreme Court of Canada (“flawed”, “unreasonable” and “skewed” were some of the comments), it has been forced to admit errors that resulted in procedural unfairness, its processes are flawed, its decision making takes years, and the public is largely excluded from the process.  As I noted last year:

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February 13, 2015 Comments are Disabled News
The Battle Over Tariff 8: What the Recording Industry Isn’t Saying About Canada’s Internet Streaming Royalties

The Battle Over Tariff 8: What the Recording Industry Isn’t Saying About Canada’s Internet Streaming Royalties

Over the past month, Music Canada, the lead lobby group for the Canadian recording industry, has launched a social media campaign criticizing a recent Copyright Board of Canada decision that set some of the fees for Internet music streaming companies such as Pandora. The long-overdue decision seemingly paves the way for new online music services to enter the Canadian market, yet the industry is furious about rates it claims are among the worst in the world.

The Federal Court of Appeal will review the decision, but the industry has managed to get many musicians and music labels worked up over rates it labels 10 percent of nothing. While the Copyright Board has more than its fair share of faults, a closer examination of the Internet music streaming decision suggests that this is not one of them.

The Music Canada claim, which is supported by Re:Sound (the copyright collective that was seeking a tariff or fee for music streaming), is that the Canadian rates are only 10 percent of the equivalent rate in the United States. That has led to suggestions that decision devalues music and imperils artists’ livelihood.

My weekly technology law column (Toronto Star version, homepage version) argues the reality is far more complex.

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July 29, 2014 6 comments Columns
The Copyright Board of Canada Music Streaming Decision: The Good, the Bad, and the Ugly

The Copyright Board of Canada Music Streaming Decision: The Good, the Bad, and the Ugly

The Copyright Board of Canada issued its long-awaited music streaming decision late last week, setting royalties to be paid by Internet music streaming services such as Pandora for non-interactive and semi-interactive streaming for the years 2009 to 2012. This covers passive Internet radio services and services that allow users to influence what they listen to. Given that Pandora left the Canadian market over high tariff rates, the outcome of the decision was destined to be a key determinant over whether many of the missing Internet music streaming services enter the Canadian market.

For fans of Pandora or similar services, the decision brings good news. The board largely rejected the arguments of Re:Sound, the collective responsible for the tariff and settled on rates close to what the Internet services were seeking. While the collective argued for rates similar to those found in the U.S., the Board ruled that the U.S. was not a suitable comparison. 

Moreover, it rejected arguments that this form of music streaming cannibalizes music sales, concluding that exposure to music through non-interactive and semi-interactive streaming may increase sales:

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May 21, 2014 4 comments News

Copyright Board Indicates It Will Not Include Mandatory Delete Rule in Tariff

The Copyright Board of Canada has issued an order in the tariff proceedings with Access Copyright that indicates its preliminary view is that it will not support the collective’s demand for a provision that would require deletion of digital copies made under a copying tariff where an institution stops relying […]

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May 14, 2014 1 comment News

Appointment of New Copyright Board of Canada Chair Offers Chance for Change

Copyright Board of Canada chair William J. Vancise will see his term come to an end this month, opening the door for the government to start the process of reforming the much-criticized board. Vancise has served the maximum two terms as chair, with his time marked by the Supreme Court of Canada’s rejection of the board’s approach to fair dealing, ongoing frustration from stakeholders about board administrative processes, and the failure of the board to broaden its approach by becoming more inclusive of the public.

The exclusion of the public stands in sharp contrast to the CRTC and Competition Bureau, which have both taken steps in recent years to involve the public more directly in policy making activities, hearings, and other issues. By contrast, the Copyright Board does little to encourage public participation, despite the fact that its decision often have an impact that extends beyond the parties before it. When asked recently about the accessibility and participation concerns, the board pointed to an internal working group as evidence that it regularly reviews its practices and compared itself to the Federal Court of Appeal, noting that “of course they [the public] don’t participate, because they don’t really belong there, per se.”

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May 8, 2014 1 comment News