Copyright Board Canada
Canada



Section II: Analysis of Programs by Strategic Outcome

Strategic Outcome: Fair decision-making to provide proper incentives for the creation and uses of copyrighted works.

The achievement of this outcome relates to innovation, which is a main source of competitive advantage in all areas of economic activity.

The use and re-use of cultural and entertainment content (such as musical and audio-visual works) have become widespread with the advent of new media and online services, new playback and editing technologies and new uses in conventional media. These matters relate to some of society’s most complex and contentious issues, including the downloading of content over the Internet using file-sharing software and the proliferation of duplication technologies which have the capability to make digital copies. At the same time, new opportunities for streaming video and audio files, whether interactively, semi-interactively, or passively have emerged. Personal video recorders and other similar devices used in conjunction with television sets have begun to blur lines between the broadcasting sector and the entertainment rental/purchase sector. Personal digital audio recorders have the capacity to store entire libraries of music, literally thousands of songs. It is in this environment that the Board must operate to achieve its strategic outcome.

The Copyright Board of Canada recognizes the need to ensure an effective and efficient copyright regulatory regime in order to attain the maximum productivity in those sectors that create and use copyrighted works. Further, the performance of the Copyright Board will promote a fair and competitive marketplace as well as reasonable opportunities for Canadian firms to export copyright protected goods and services in the music, for content creation and programming areas, as well as for the broadcasting, publishing and entertainment industries.

Programs: Copyright Tariff Setting and Issuance of Licences

This activity is in direct relation to the Board’s mandate, the first part of which is to establish, either mandatorily or at the request of an interested party, the royalties to be paid for the use of copyrighted works, when the administration of such copyright is entrusted to a collective-administration society. This part of the mandate is delivered through the setting of copyright tariffs.

The second part of the Board’s mandate is to issue licences when the copyright owner cannot be located.

Budgetary Financial Resources (dollars)

2013-14 Main Estimates 2013-14 Planned Spending 2013-14 Total Authorities Available for Use 2013-14 Actual Spending (authorities used) 2013-14 Difference (actual minus planned)
2,533,676 2,533,676 2,585,224 2,251,535 282,141
 

Human Resources (Full-Time Equivalents [FTEs])

2012-13 Financial Resources ($ thousands)
2013-14 Planned 2013-14 Actual 2013-14 Difference (actual minus planned)
14 14 0
 
Performance Results
Program: Copyright Tariff Setting and Issuance of Licences
Expected Results Performance Indicators Targets Actual Results

Fair and Equitable Tariffs and Conditions

  1. Percentage of tariff decisions published within 12 months
  2. Percentage of licences issued within 45 days
  3. Level of satisfaction of stakeholders

70% of tariff decisions will be published within one year

70% of licences will be issued within 45 days

70% satisfaction rate

100% of tariff decisions were published within one year

89% of licences were issued within 45 days

Satisfaction rate of 72 per cent

 

Performance Analysis and Lessons Learned

What follows is a brief description of the activities of the Board for this fiscal year.

TARIFF PROPOSED BY COLLECTIVES SOCIETIES

In March 2014, the following collective societies filed their proposed statements of royalties to be collected in 2015 and beyond:

Access Copyright

  • Proposed tariff for the reprographic reproduction of works by employees of provincial and territorial governments, 2015-2018.

ArtistI

  • Proposed tariff for the reproduction of performers’ performances made by CBC in connection with its over-the-air radio broadcasting, its simulcasting and its webcasting activities, 2015-2017.
  • Proposed tariff for the reproduction of performers’ performances by commercial radio stations, 2015-2017.

COPIBEC

  • Proposed tariff for the reproduction and authorization to reproduce works by universities and persons acting under their authority, 2015-2019.

Canadian Musical Reproduction Rights Agency (CMRRA)

  • Proposed tariff for the reproduction of musical works embodied in music videos by online music services, 2015 (Tariff 4).
  • Proposed tariff for the reproduction of musical works by commercial television stations, 2015 (Tariff 5).

CMRRA-SODRAC Inc. (CSI)

  • Proposed tariff for the reproduction of musical works by commercial radio stations, 2015.
  • Proposed tariff for the reproduction of musical works by non-commercial radio stations, 2015.
  • Proposed tariff for the reproduction of musical works by online music services in 2015.

Society of Composers, Authors and Music Publishers of Canada (SOCAN)

  • Proposed tariffs for the public performance or the communication to the public by telecommunication of musical or dramatico-musical works:

For 2015:

  • Tariff 1.A – Commercial Radio
  • Tariff 1.B – Non-Commercial Radio
  • Tariff 1.C – CBC Radio
  • Tariff 2 – Television
  • Tariff 6 – Motion Pictures Theatres
  • Tariff 9 – Sports Events
  • Tariff 15 – Background Music in Establishments not Covered by Tariff no. 16
  • Tariff 16 – Background Music Suppliers
  • Tariff 17 – Transmission of Pay, Specialty and Other Television Services by Distribution Undertakings
  • Tariff 22 – Internet
  • Tariff 24 – Ringtones and Ringbacks
  • Tariff 25 – Satellite Radio Services
  • Tariff for Pay Audio Services

For 2015-2017:

  • Tariff 3 – Cabarets, Cafes, Clubs, Cocktail bars, Dining Rooms, Lounge, Restaurants, Road Houses, Taverns and Similar Establishments
  • Tariff 4 – Live Performances at Concert Halls, Theatres and Other Places ofEntertainment
  • Tariff 5 – Exhibitions and Fairs
  • Tariff 7 – Skating Rinks
  • Tariff 8 – Receptions, Conventions, Assemblies and Fashion Shows
  • Tariff 10 – Parks, Parades, Streets and Other Public Areas
  • Tariff 11 – Circuses, Ice Shows, Fireworks Displays, Sound and Light Shows and Similar Events; Comedy Shows and Magic Shows
  • Tariff 12 – Theme Parks, Ontario Place Corporation and Similar Operations; Paramount Canada’s Wonderland and Similar Operations
  • Tariff 13 – Public Conveyances
  • Tariff 14 – Performance of Individual Work
  • Tariff 18 – Recorded Music for Dancing
  • Tariff 19 – Fitness Activities and Dance Instruction
  • Tariff 20 – Karaoke Bars and Similar Establishments
  • Tariff 21 – Recreational Facilities Operated by a Municipality, School, College, University, Agricultural Society or Similar Community Organizations
  • Tariff 23 – Hotel and Motel In-Rooms Services

Society for Reproduction Rights of Authors, Composers and Publishers in Canada (SODRAC)

  • Proposed tariff for the reproduction of musical works embedded into cinematographic works for the purpose of distribution of copies of the cinematographic works for private use or theatrical exhibition, 2015 (Tariff 5).
  • Proposed tariff for the reproduction of musical works embedded in musical audiovisual works for their transmission by a service, 2015 (Tariff 6).
  • Proposed tariff for the reproduction of musical works embedded in audiovisual works for their transmission by a service, 2015 (Tariff 7).

Re:Sound

  • Proposed tariff for the communication to the public by telecommunication and the performance in public of published sound recordings embodying musical works and performers’ performances of such works by commercial radio stations, 2015-2017 (Tariff 1.A).
  • Proposed tariff for the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works by multi-channel subscription satellite radio services, 2015-2018 (Tariff 4).
  • Proposed tariff for the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works in respect of simulcasting, non-interactive webcasting and semi-interactive webcasting, 2015 (Tariff 8).

Canadian Private Copying Collective (CPCC)

In November 2013, the Canadian Private Copying Collective (CPCC) filed its statement of proposed levies as follows:

  • Proposed statement of levies to be collected on the sale, in Canada, of blank audio recording media for the years 2015 and 2016.

REQUEST FOR ARBITRATION

The Board did not receive any requests for arbitration in the year 2013-14.

On March 19, 2009, the Board received a request for arbitration between SODRAC and the Association québécoise de l’industrie du disque, du spectacle et de la vidéo (ADISQ). On May 23, 2013, SODRAC informed the Board that the parties had reached an agreement. Pursuant to subsection 70.3(1) of the Act, the Board shall not proceed with an application when a notice is filed with the Board that an agreement has been reached.

HEARINGS

During the fiscal year, the Board held two hearings. The first concerned the rights used to operate a commercial radio station. It involved the communication to the public by telecommunication and the reproduction of musical works, performers’ performances and sound recordings. This hearing took place in October 2013 and March 2014. Participating in the hearing were five collective societies (SOCAN, Re:Sound, CSI, AVLA/SOPROQ and ArtistI) as well as the Canadian Association of Broadcasters.

The second hearing concerned the communication to the public by telecommunication and the reproduction of musical works by online music services. This hearing took place in November 2013 and May 2014. The parties participating in the hearing were SOCAN, Re:Sound, SODRAC, Apple Canada Inc. and Apple Inc., the Canadian Association of Broadcasters, Bell Canada, Rogers Communications, Quebecor Media Inc., TELUS, Videotron G.P., and Pandora Media Inc.

DECISIONS

During the fiscal year 2013-14, the following seven decisions in respect of the indicated collective society and tariff were rendered:

Access Copyright
  • On May 29, 2013, the Board certified an interim tariff relating to photocopying in elementary and secondary schools.
Canadian Private Copying Collective (CPCC)
  • On August 30, 2013, the Board issued a decision relating to private copying for 2012-2014.
Educational Rights Collective of Canada (ERCC)
  • On December 19, 2013, the Board granted an application to vary the tariff.
Multiple Collectives, Retransmission of distant signals
  • On November 29, 2013, the Board issued a decision in respect of the retransmission of distant television and radio signals for 2009-2013.
  • On December 19, 2013, the Board issued an interim decision in respect of the retransmission of distant television and radio signals for 2014-2018.
Society for Reproduction Rights of Authors, Composers and Publishers in Canada (SODRAC)
  • On April 26, 2013, the Board issued its reasons in an interim decision on SODRAC Tariff 5, relating to the reproduction of musical works in cinematographic works.
  • On July 5, 2013, the Board issued a decision on a redetermination of SODRAC Tariff 5 relating to the reproduction of musical works in cinematographic works.

UNLOCATABLE COPYRIGHT OWNERS

The Board received 21 licence applications and 9 licences were granted.

AGREEMENTS FILED WITH THE BOARD

177 agreements were filed with the Board pursuant to section 70.5 of the Act.

Internal Services

Description

Internal services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

Budgetary Financial Resources (dollars)
2013-14 Main Estimates 2013-14 Planned Spending 2013-14 Total Authorities Available for Use 2013-14 Actual Spending (authorities used) 2013-14 Difference (actual minus planned)
594,319 594,319 606,410 528,137 66,182
 
Human Resources (Full-Time Equivalents [FTEs])
Planned 2013-14 Actual 2013-14 Difference 2013-14
2 2 0
 

Performance Analysis and Lessons Learned

This activity deals with financial and materiel management policies, systems, processes and standards. In implementing these policies, compliance with Parliament’s requirements for financial stewardship and integrity is ensured. This activity also encompasses the responsibility of providing human resource services.

The Board receives timely support from the services mentioned above.