Tuesday, September 02, 2014

Update - SCC Grants Leave to Appeal re Copyright Board SODRAC Ephemeral Rights Decision on September 4, 2014

PS - here's the FCA judgment that is being appealed to the SCC, penned by Pelletier, J.A.:

Here’s the Copyright Board decision from November 2, 2012 that in turn that was the basis for the FCA decision under appeal.

UPDATE Sept 4 2014 - the Court  has granted leave to appeal  in this case. 

We shall learn on Thursday, September 4, 2014 at 9:45 AM whether the Supreme Court of Canada will hear the following appeal. The following summary is that of the Court.



Canadian Broadcasting Corporation / Société Radio-Canada v. SODRAC 2003 Inc., et al.
(Federal Court) (Civil) (By Leave)


Intellectual property - Judicial review, Copyright, Licences.


Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.
Intellectual property law — Judicial review — Copyright — Licenses — Licensing societies — Royalties — Ephemeral copies — Application by broadcaster for review of licenses issued by Copyright Board allowed in part — Collective society imposing royalties on producers of content and broadcasters — Licences allow collective society to collect royalties for copies incidental to use of new broadcast technologies — Whether the Court of Appeal erred in refusing to apply the principle of technological neutrality in its interpretation and application of the Copyright Act, R.S.C. 1985, c. C-42 — Whether the Court of Appeal erred by adopting a non-technologically neutral interpretation of the Copyright Act that fails to achieve the correct balance between the rights of copyright holders and users, as well as the public interest in fostering innovation — Whether the Court of Appeal erred by departing from this Court’s jurisprudence on the grounds that they provide insufficient guidance.
SODRAC applied to certify a proposed tariff which related to the royalties on copies of cinematographic works for retail, rental and theatrical use. It also applied to set the terms and conditions of a licence for the reproduction of musical works in its repertoire by the CBC. The Board consolidated the examination of the CBC and another arbitration matter.
The application was allowed. The tariff was certified, and licences were issued to CBC and the other broadcaster. An interim order extended the 2008-12 licence pending a final determination of SODRAC’s s. 70.2 application concerning licences covering 2012-16.
CBC sought judicial review to set aside several terms in a 2008-12 licence (Federal Court of Appeal File No. A-516-12). It also sought judicial review of the extension of the 2008-12 licence (Federal Court of Appeal File No. A-63-13).

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