Copyright Board Canada
Canada



Operating context and key risks

Operating Context

Among the most significant risks which the Board faces in achieving its strategic outcomes is the potentially disruptive impact of new technologies (i.e., in terms of how copyright material is utilized, distributed and monitored). The Board’s approach to managing the technology risk is to systematically monitor relevant journals, other publications and web sites, and to attend industry seminars and conferences, as described below in this report.

A smaller risk, which the Board faces in achieving its strategic outcome, is reversal risk. While decisions of the Board are not appealable, they are subject to judicial review. The ability to schedule a number of cases in a year could be impaired if a case from a previous year were reversed on judicial review. The Board’s principal strategy to mitigate this risk is issuing fair and equitable decisions.

There is always a risk of not being able to hire or retain the staff with the necessary technical expertise to achieve required results. To mitigate this risk, the Board runs well-organized job competitions, designed to target a significant share of the pool of potential candidates. The Board also takes measures to encourage a large number of applications. The Board also works at creating a stimulating working environment conducive to a high retention rate among its employees.

Key risks

Risks Mitigating strategy and effectiveness Link to the department’s Programs Link to mandate letter commitments or to governmentwide and departmental priorities
Technology risk
  • Systematically monitor relevant journals, other publications and web sites, and to attend industry seminars and conferences.
  • Risk was identified in the 2016-17 RPP.
  • No modifications to the risk mitigation strategies.
Fair decision-making to provide proper incentives for the creation and use of copyrighted works. An innovative and knowledge-based economy.
Reversal risk
  • Issue fair and equitable decisions.
  • Risk was identified in the 2016-17 RPP.
  • No modifications to the risk mitigation strategies.
Fair decision-making to provide proper incentives for the creation and use of copyrighted works. An innovative and knowledge-based economy.
HR risk
  • Run well-organized job competitions, designed to target a significant share of the pool of potential candidates.
  • Take measures to encourage a large number of applications.
  • Create a stimulating working environment conducive to a high retention rate among its employees.
  • Risk was identified in the 2016-17 RPP.
  • No modifications to the risk mitigation strategies.
Fair decision-making to provide proper incentives for the creation and use of copyrighted works. An innovative and knowledge-based economy.
 

Results: what we achieved

Programs

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.

Results

Tariffs proposed by Collective Societies

In 2017, the following collective societies filed their proposed statements of royalties to be collected in 2018 and beyond:

Access Copyright

  • Proposed tariff for the reproduction, communication to the public by telecommunication, making available to the public, and authorization of such acts by post-secondary educational institutions and persons acting under their authority, 2018-2020.

Artisti

  • Proposed tariff for the reproduction of performers’ performances made by the CBC in connection with its over-the-air radio broadcasting, its simulcasting of an over-the-air radio signal and its webcasting activities on its webradios, 2018-2020.
  • Proposed tariff for the reproduction of performers’ performances made by pay audio services, 2018-2020.
  • Proposed tariff for the reproduction of performers’ performances made by satellite radio services, 2018-2020.
  • Proposed tariff for the reproduction of performers’ performances made by commercial radio stations, 2018.

CMRRA

  • Proposed tariff for the reproduction of musical works embodied in music videos by online music services, 2018 (Tariff 4).
  • Proposed tariff for the reproduction of musical works by commercial television stations, 2018 (Tariff 5).
  • Proposed tariff for the reproduction of musical works by the television services of the CBC, 2018 (Tariff 6).
  • Proposed tariff for the reproduction of musical works by audiovisual services, 2018 (Tariff 7).

CONNECT/SOPROQ

  • Proposed tariff for the reproduction of sound recordings by commercial radio stations, 2018.

CPCC

  • Proposed levies to be collected on the sale of blank audio recording media, 2018 and 2019.

CSI

  • Proposed tariff for the reproduction of musical works by commercial radio stations, 2018.
  • Proposed tariff for the reproduction of musical works by non-commercial radio stations, 2018.
  • Proposed tariff for the reproduction of musical works by online music services, 2018.

Re:Sound

  • Proposed tariff for the communication to the public by telecommunication and the performance in public of published sound recordings embodying musical works by commercial radio, 2018-2020 (Tariff 1.A).
  • Proposed tariff for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works by background music suppliers, 2018 (Tariff 3.A).
  • Proposed tariff for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works for background music, 2018 (Tariff 3.B).
  • Proposed tariff for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works for the use of recorded music to accompany fitness activities, 2018-2022 (Tariff 6.B).
  • Proposed tariff for the communication to the public by telecommunication of published sound recordings embodying musical works in respect of non-interactive and semi-interactive webcasts, 2018 (Tariff 8).

SOCAN

  • Proposed tariffs for the public performance or the communication to the public by telecommunication of musical or dramatico-musical works, including the right to make such works available to the public by telecommunication, 2018, 2018-2020:
  • For 2018:
    • Tariff 1.A – Commercial Radio
    • Tariff 1.B – Non-Commercial Radio other than the CBC
    • 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 3.A – Cabarets, Cafes, Clubs, etc. – Live Music
    • Tariff 4.A.1 – Popular Music Concerts – Per Event Licence
    • Tariff 4.A.2 – Popular Music Concerts – Annual Licence
    • Tariff 4.B.1 – Classical Music Concerts – Per Concert Licence
    • Tariff 4.B.2 – Classical Music Concerts – Annual Licence for Orchestras
    • Tariff 4.B.3 – Classical Music Concerts – Annual licence for Presenting Organizations
    • Tariff 6 – Motion Picture Theatres
    • Tariff 8 – Receptions, Conventions, Assemblies and Fashion Shows
    • Tariff 9 – Sports Events
    • Tariff 15.A – Background Music
    • Tariff 15.B – Telephone Music on Hold
    • Tariff 16 – Background Music Suppliers
    • Tariff 17 – Transmission of Pay, Specialty and other Television Services by Distribution Undertakings
    • Tariff 18 – Recorded Music for Dancing
    • Tariff 19 – Fitness Activities and Dance Instruction
    • 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.D.1 – Internet – Audiovisual Content
    • Tariff 22.D.2 – 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
  • For 2018-2020:
    • Tariff 3.B – Cabarets, cafés, clubs, etc. – Recorded Music Accompanying Live Entertainment
    • Tariff 3.C – Cabarets, cafés, clubs, etc. – Adult Entertainment Clubs
    • Tariff 5.A – Exhibitions and Fairs, licence to perform in public
    • Tariff 5.B – Exhibitions and Fairs, licence for attendance at musical concerts
    • Tariff 7 – Skating Rinks
    • Tariff 10.A – Strolling Musicians and Buskers; Recorded Music
    • Tariff 10.B – Marching Bands; Floats with Music
    • Tariff 11.A – Circuses, Ice Shows, Fireworks Displays, Sound and Light Shows and Similar Events
    • Tariff 11.B – Comedy Shows and Magic Shows
    • Tariff 12.A – Theme Parks, Ontario Place Corporation and Similar Operations
    • Tariff 12.B – Paramount Canada’s Wonderland Inc. and Similar Operations
    • Tariff 13.A – Public Conveyances – Aircraft
    • Tariff 13.B – Public Conveyances – Passenger Ships
    • Tariff 13.C – Railroad Trains, Buses and other Public Conveyances, Excluding Aircraft and Passenger Ships
    • Tariff 14 – Performance of an Individual Work
    • 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-Room Services

SODRAC

  • Proposed tariff for the reproduction of musical works embedded in musical audiovisual works for their transmission by a service, 2018 (Tariff 6).
  • Proposed tariff for the reproduction of musical works embedded in audiovisual works for their transmission by a service, 2018 (Tariff 7).
  • Proposed tariff for the reproduction of musical works by commercial television stations, 2018 (Tariff 8).

Requests for Arbitration

The Board received one request for arbitration in the year 2016-2017.

On March 31, 2017, SODRAC requested that the Board fix the terms of the CBC/SRC licence with respect to the reproduction of musical works for the period April 1, 2017 to March 31, 2018. SODRAC also asked that the consideration of this request be merged to the ongoing consideration of the licence for the period 2012-2017.

At the interim level, SODRAC asked that the Board extend after April 1, 2017 and until its final decision the interim conditions established in the June 27, 2016 decision.

Hearings

In January and March 2016, the Board held a hearing concerning 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. Parties made their oral argumentation for this file in August 2016.

Decisions

During the fiscal year 2016-17, the following decisions were rendered:

  • April 21, 2016 – Commercial radio tariff – SOCAN (2011-2013); Re:Sound (2012-2014); CSI (2012-2013); Connect/SOPROQ (2012-2017); Artisti (2012-2014)
  • June 27, 2016 – Application to fix royalties for a licence and its related terms and conditions SODRAC v. CBC Licences [Redetermination (2008-2012); Determination (2012-2017)] – Interim Decision
  • December 16, 2016 – Private Copying 2017
  • January 27, 2017 – SOCAN Tariff No. 22.D.1 – Internet – Online Audiovisual Services (2007-2013) – Redetermination
Results achieved
Expected Results Performance Indicators Target Date to achieve target 2016-17 Actual results 2015-16 Actual results 2014-15 Actual results
Fair and Equitable Tariffs and Conditions % of tariff decisions published within 12 months 70% End of fiscal year 75% 50% 78%
% of licences issued within 45 days 70% End of fiscal year 100% 100% 86%

Note: While 7 tariff decisions were rendered in 2013-14 and 9 in 2014-15, only two decisions were rendered in 2015-16. Even though only one of these two decisions was not rendered within 12 months, the resulting percentage for 2015-16 is nevertheless 50%.

 
Budgetary financial resources (dollars)
2016-17
Main Estimates
2016-17
Planned Spending
2016-17
Total authorities available for use
2016-17
Actual spending (authorities used)
2016-17
Difference (actual minus planned)
2,520,496 2,520,496 2,588,591 2,507,540 (12,956)
 
Human resources (full-time equivalents)
2016-17
Planned
2016-17
Actual
2016-17
Difference (actual minus planned)
16 14 (2)
 

Internal Services

Description

Internal Services are those groups of related activities and resources that the federal government considers to be services in support of programs and/or required to meet corporate obligations of an organization. Internal Services refers to the activities and resources of the 10 distinct service categories that support Program delivery in the organization, regardless of the Internal Services delivery model in a department. The 10 service categories 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; and Acquisition Services.

Results

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.

Budgetary financial resources (dollars)
2016-17
Main Estimates
2016-17
Planned Spending
2016-17
Total authorities available for use
2016-17
Actual spending (authorities used)
2016-17
Difference (actual minus planned)
591,228 591,228 607,200 588,188 (3,040)
 
Human resources (full-time equivalents)
2016-17
Planned
2016-17
Actual
2016-17
Difference (actual minus planned
2 2 0