SOCAN has published its requested Tariff 22 rates dating back to 1996. There are several judicial review notices that have already been filed over the recent Copyright Board of Canada decision, so this tariff is still a long way from completion.
Post Tagged with: "tariff 22"
Howard Knopf reports that there will be a judicial review of the recent Copyright Board Tariff 22 decision.
The Copyright Board of Canada has just issued the first part of its decision in the long-running (since 1996) Tariff 22 case. The Board is prepared to establish a tariff for the communication of musical works over the Internet and while much of the decision is devoted to economic analysis, several key legal questions are addressed. Of greatest interest is its conclusion that offering music previews (ie. a portion of a song) constitutes fair dealing under Canadian copyright law as it can be characterized as copying for the purpose of research. This decision – which is right in my view – highlights the very broad nature of fair dealing following the Supreme Court of Canada's CCH decision.
The Board rightly notes that listening to an excerpt of a work is consumer research into whether they might like to purchase the song, concluding that:
Sara Bannerman reports from day one at the Copyright Board of Canada's Tariff 22 hearings (more on Tariff 22 in my recent column on webcasting) noting that SOCAN opened the proceedings by reducing proposed tariffs for amateur podcasters, community and campus radio stations, and simulcasters. The new SOCAN proposals are: […]
My weekly Law Bytes column (Toronto Star version, homepage version) focuses on the legal rules surrounding Internet radio. Internet radio consists of several types of "stations" including conventional radio stations that simulcast their signal on the Internet, community and college radio stations that use the Internet to extend their signals from small communities to the entire world, and Internet-only stations that broadcast exclusively online. The Internet-only services are particularly intriguing as they include niche webcasters focused on content not found on mainstream AM/FM stations as well as customizable services such as Pandora and Last.fm, which help users identify new music personalized to their tastes.
Despite their popularity, there is growing fear that a recent U.S. royalty decision could effectively shut down thousands of webcasting services. The U.S. Copyright Royalty Board recently established a new royalty scheme that dramatically increases the fees that webcasters will be required to pay to stream music online.
Given the concern about the future viability of Internet radio in the U.S., there has been mounting speculation that some webcasters may consider setting up shop in Canada, where the U.S. rates do not apply. For example, Mercora, a service that allows individuals to launch their own webcasts, has established a Canadian site that falls outside U.S. regulatory and royalty rules.
Webcasters considering a move to Canada will find that the legal framework for Internet radio trades costs for complexity. There are two main areas of concern from a Canadian perspective – broadcast regulation and copyright fees.