http://lotta56sparks.ca/56-sparks-canadas-most-famous-address/
There’s
lots to say. But I would first note that Music Canada – the leading lobby group
for the Canadian music industry – has highlighted the mandatory tariff issue
and mentioned the York University case by name, along with “the K-12 and
post-secondary markets”:
Music Canada also notes a concerning development whereby users are
taking the position that they have the right to elect whether they want to be
bound by certified tariffs set by the Board, even when they make uses of works
covered by tariffs.17 This has the potential to undermine participation in the
tariff process and makes enforcement of tariffs more difficult. Music Canada
does not agree that users have the right to election to opt out of approved
tariffs (or interim or continuation tariffs) certified under the section 67 or
70.1 tariff process. However, clarity in this regard would usefully put an end
to this process which undermines the Board’s legitimacy and process.
This underscores the importance of Prof. Katz’s comments in his recent blog about the York University decision, which should be read again by all those contemplating an intervention in the appeal.
My own submission about the Board, which is NOT 233 pages
long but rather only a modest 36 pages in length is here. Many of the links in it aren’t working and got lost on their way to the Government website. I’ll try to post a version with
working links when I get a chance.
HPK
