“Mandatory” Tariffs
Panel, Unpack Sodrac: Technological Change and Copyright Tariffs after CBC v SODRAC (SCC 2015) (Osgoode Hall, Toronto) Link to the event
2016-02-25
The majority reasons established that the power of the Copyright Board to set the terms of a licence under s. 70.2 of the Copyright Act does not include the power to bind the parties to those terms: in the absence of clear authority that this is Parliament’s intent, “the burdens of a license should not be imposed on a user who does not consent to be bound by its terms.” What are the potential implications for other collective societies, copyright users, and the role of Copyright Board? Is this conclusion limited to the Board licenses established pursuant to s. 70.2, or do the reasons extend to other tariffs approved by the Board, essentially debunking the so-called “mandatory tariff” theory?
Chair: Carys Craig
Panellists: Mario Bouchard, Adriane Porcin, Ariel Katz, Bobby Glushko, Howard Knopf
Check the day's agenda.
This content has been updated on November 29, 2016 at 19 h 50 min.