OTTAWA – The Canadian Association of Broadcasters (CAB) has filed its statement of case before the Copyright Board in the re-hearing of the SOCAN-NRCC Radio Tariff 2003-2007.
It’s the latest step in the proceeding that arises from the Federal Court of Appeal’s decision last October to set aside the Copyright Board’s original 2005 decision to increase payments by private radio stations for music use by up to 30%
The CAB had called the tariff increase unfair and said it would result in industry job losses. It then argued successfully before the Court of Appeal that the Copyright Board had not provided adequate justification for the increases.
Judge John M. Evans told the Board to “re-determine the issues in respect of which the reasons have been found to be inadequate. On these issues of quantification, the Board may invite the parties to supplement the existing record with new evidence and submissions”.
The CAB’s filing for the re-hearing focuses on any increases that might apply for “historical undervaluation of music” and radio’s “increased efficiency”.
CAB spokesperson Pierre Pontbriand says the industry does not oppose increased payments, as long as they are reasonable, justified and supported by the evidence. Since 2002, broadcaster payments have risen from $45 million to $70 million. In 1995, payments totalled $22 million.
Reply submissions in the case will be filed by June 4th, and the re-hearing will begin June 26.
Pontbriand said that what the broadcast industry needs from this proceeding, and two others that are underway, is “clarity, uniformity, and consistency”. Much is at stake for all involved, he said, and broadcasters are worried about what seems to be an absence of a global approach.
That’s because the other two proceedings will also affect the bottom line of the broadcast and music industry.
On Tuesday, the Copyright Board begins three weeks of hearings in the SOCAN Tariff 22 Internet proceeding. It involves the Board’s jurisdiction over setting a tariff that applies retroactively, from 1996 to 2006.
In addition, the Copyright Board has received various commercial radio reproduction right tariff proposals from SOCAN-NRCC, CMRRA/SODRAC (CSI) and AVLA/SOPROQ that would affect broadcasters for 2008 through 2011. The proposals are expected to be published in the Canada Gazette within the coming weeks.
SOCAN is the Society of Composers, Authors and Publishers of Canada; CSI is a joint entity of the Society for the Reproduction Rights of Authors, Composers and Publishers in Canada and the Canadian Musical Reproduction Rights Agency; and AVLA is the Audio-Visual Licensing Agency.
Glenn Wanamaker is Cartt.ca’s Quebec Editor, based in Quebec City.
