Yesterday, McGill’s Centre for Intellectual Property Policy and I filed a joint Intervener Factum in the CBC v SODRAC case before the Supreme Court of Canada. The Court granted us leave to intervene with respect to the question of whether tariffs that the Copyright Board approved can be imposed on users.
In the decision below, the Federal Court of Appeal (“FCA”) held that a collective management organization (“CMO”) can ask the Board to approve a licensing scheme and then impose it on users. If correct, such users then have no choice other than to deal with the CMO, and must, as a matter of law, pay the entire specified royalties if they make even a single unauthorized use of a single work from the CMO’s repertoire. By so ruling, we argue, the FCA has upended the legislative scheme. Read more ›