Copyright Board Canada
Canada



Section III: Analysis of Program and Internal Services

Program: Copyright Tariff Setting and Issuance of Licences

Description: 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.

Performance Analysis and Lessons Learned

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

Tariffs Proposed by Collective Societies

In 2016, the following collective societies filed their proposed statements of royalties to be collected in 2017 and beyond:

CBRA

  • Proposed tariff for the fixation and reproduction of works and communication signals by commercial media monitors, 2017-2019.
  • Proposed tariff for the fixation and reproduction of works and communication signals by non-commercial media monitors, 2017-2019.

CMRRA

  • Proposed tariff for the reproduction of musical works embodied in music videos by online music services, 2017 (Tariff 4).
  • Proposed tariff for the reproduction of musical works by commercial television stations, 2017 (Tariff 5).
  • Proposed tariff for the reproduction of musical works by the Television Services of the Canadian Broadcasting Corporation, 2017 (Tariff 6).
  • Proposed tariff for the reproduction of musical works by audiovisual services, 2017 (Tariff 7).

CPCC

  • Proposed levies to be collected on the sale of blank audio recording media, 2017.

CSI

  • Proposed tariff for the reproduction of musical works by commercial radio stations, 2017.
  • Proposed tariff for the reproduction of musical works by non-commercial radio stations, 2017.
  • Proposed tariff for the reproduction of musical works by online music services, 2017.

SOCAN

  • Proposed tariffs for the right to perform in public or to communicate to the public by telecommunication musical or dramatico-musical works forming part of its repertoire, 2017:
    • Tariff 1.A – Commercial Radio
    • Tariff 1.B – Non-Commercial Radio other than the Canadian Broadcasting Corporation
    • Tariff 1.C – CBC Radio
    • Tariff 2.A – Commercial Television Stations
    • Tariff 2.B – Ontario Educational Communications Authority
    • Tariff 2.C – Société de télédiffusion du Québec
    • Tariff 2.D – Canadian Broadcasting Corporation
    • Tariff 4.A.1 – Popular Music Concerts, per-event licence
    • Tariff 4.A.2 – Popular Music Concerts, annual licence
    • Tariff 6 – Motion Picture Theatres
    • Tariff 9 – Sports Events
    • Tariff 15.A – Background Music in Establishments not Covered by Tariff No. 16 – Background Music
    • Tariff 15.B – Background Music in Establishments not Covered by Tariff No. 16 – Telephone Music on Hold
    • Tariff 16 – Background Music Suppliers
    • Tariff 17 – Transmission of Pay, Specialty and Other Television Services by Distribution Undertakings
    • Tariff 22.A – Internet - Online Music Services
    • Tariff 22.B – Internet - Commercial Radio, Satellite Radio and Pay Audio
    • Tariff 22.C – Internet - Other Audio Websites
    • Tariff 22.D1 – Internet - Audiovisual Content
    • Tariff 22.D2 – Internet - User-Generated Content
    • Tariff 22.E – Internet - Canadian Broadcasting Corporation
    • Tariff 22.G – Internet - Game Sites
    • Tariff 24 – Ringtones and Ringbacks
    • Tariff 26 – Pay Audio Services

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, 2017-19 (Tariff 5).
  • Proposed tariff for the reproduction of musical works embedded in musical audiovisual works for their transmission by a service, 2017 (Tariff 6).
  • Proposed tariff for the reproduction of musical works embedded in an audiovisual work for their transmission by a service, 2017 (Tariff 7).
  • Proposed tariff for the reproduction of musical works by commercial television stations, 2017 (Tariff 8).

Re:Sound

  • Proposed tariff for the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works by non-commercial radio stations other than the Canadian Broadcasting Corporation, 2017-2021 (Tariff 1.B).
  • Proposed tariff for the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works by the Canadian Broadcasting Corporation, 2017-2019 (Tariff 1.C).
  • Proposed tariff for the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works by pay audio services, 2017-2018 (Tariff 2).
  • Proposed tariff for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works by background music suppliers, 2017 (Tariff 3.A).
  • Proposed tariff for the performance in public or the communication to the public by telecommunication of published sound recordings of musical works for background music, 2017 (Tariff 3.B).
  • 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 non-interactive and semi-interactive webcasts, 2017 (Tariff 8).

Requests for Arbitration

The Board received two requests for arbitration in the year 2015-16.

On December 3, 2015, SODRAC wrote to the Board, requesting a modification to the CBC interim licence 2008-2012, part of which had been struck down by the Supreme Court’s decision in Canadian Broadcasting Corp. v. SODRAC 2003 Inc., 2015 SCC 57.

On March 24, 2016, SODRAC wrote to the Board, requesting that the Board fix the CBC licence terms with respect to the reproduction of musical works for 2016-2017. It also requested that some of the relevant interim licences be continued until this licence could be determined.

In addition, as a result of the Supreme Court’s decision in Canadian Broadcasting Corp. v. SODRAC 2003 Inc., 2015 SCC 57, the Board has put in place a process to redetermine the permanent SODRAC-CBC 2008-2012 licence.

Hearings

During the fiscal year, the Board held two hearings. One hearing concerned the retransmission of distant television signals in Canada, for the years 2014 to 2018. Nine collective societies as well as five broadcasting distribution undertakings were represented at the hearing, which took place in January and March 2016.

A second hearing concerned the reproduction of literary works by post-secondary educational institutions in Canada, for the years 2011 to 2017. At the hearing, Access Copyright, as well as an intervenor, Sean Maguire, were represented. The hearing took place in January 2016.

Decisions

During the fiscal year 2015-16, the following two decisions were rendered:

Canadian Broadcasters Rights Association (CBRA)
  • May 23, 2015 – Access Copyright Provincial and Territorial Governments Tariff, 2005-2014.
  • February 20, 2016 – Access Copyright Elementary and Secondary School Tariff, 2010-2015.

Unlocatable Copyright Owners

The Board received 34 licence applications and 6 licences were granted.

Agreements Filed with the Board

Pursuant to section 70.5 of the Act, 389 agreements were filed with the Board.

Budgetary Financial Resources (dollars)

2015-16 Main Estimates 2015-16 Planned Spending 2015-16 Total Authorities Available for Use 2015-16 Actual Spending (authorities used) 2015-16 Difference (actual minus planned)
2,519,678 2,519,678 2,604,483 2,291,251 (228,427)
 

Human Resources (Full-Time Equivalents [FTEs])

2015-16 Planned 2015-16 Actual 2015-16 Difference (actual minus planned)
16 16 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

50% of tariff decisions were published within one year

100% of licences were issued within 45 days

Satisfaction rate of 72%

 

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.

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.

2015-16 Main Estimates 2015-16 Planned Spending 2015-16 Total Authorities Available for Use 2015-16 Actual Spending (authorities used) 2015-16 Difference (actual minus planned)
591,035 591,035 610,929 537,454 (53,581)
 
Human Resources (Full-Time Equivalents [FTEs])
Planned 2015-16 Actual 2015-16 Difference 2015-16
2 2 0