OTTAWA – The Federal Court of Appeal has set aside a Copyright Board decision that Canadian broadcasting executives said was unfair and would cost jobs.
Just about a year after the release of the Copyright Board’s decision on the SOCAN-NRCC Radio Tariff 2003-2007, the Federal Court of Appeal has granted the CAB’s application for judicial review of the decision. At the time of the decision, the CAB called it "egregious and flawed," while John Cassaday, the CEO of Corus Entertainment, one of the country’s largest radio operators, said the decision would cost millions and "mean a loss of jobs."
The Board’s decision had increased payments by private radio stations by up to 30%, a result the radio industry believed to be unjustified and profoundly unfair, says the CAB in a release this morning.
SOCAN, which outlined its position to Cartt.ca here, may bring an application for leave to appeal to the Supreme Court within 60 days. A call to SOCAN seeking comment has not yet been returned.
"Having considered the parties’ detailed written submissions and oral argument at a hearing held last week, the Court agreed with the CAB’s core argument that the Board’s reasons justifying increases to the tariff rates were inadequate and justified the intervention of the Court," says the CAB release.
"This decision is a significant victory for Canada’s private radio broadcasters," said CAB president and CEO Glenn O’Farrell. "The Court has clearly concurred with the CAB’s assertion that the Copyright Board did not provide sufficient justification for these historic rate increases."
As the CAB had requested, the Court has ordered the Board to reevaluate key components of its rationale for the rate change, with the possibility for the CAB and the collectives to supplement the existing record with new evidence and submissions. "Again as the CAB requested, a differently constituted panel will re-hear this matter, meaning that two of the three panel members – Board Chairman Mr. Justice Vancise, and Member Bertrand-Venne – will be ‘new’ to the re-hearing," explains the CAB newser.
