TORONTO – After seeing a Copyright Board decision that would have meant millions in additional revenue to its members set aside by the Federal Court last week, SOCAN has not yet decided how it will respond.
"We’re still thinking about it," Society of Composers, Authors and Publishers of Canada general counsel Paul Spurgeon told Cartt.ca.
SOCAN can do one of two things: Appeal last week’s decision to the Supreme Court of Canada; or wait for the Copyright Board to reconsider its tariff ruling, as the Federal Court told it to.
On October 19th, the Federal Court of Appeal granted the CAB’s application for judicial review of SOCAN-NRCC Radio Tariff 2003-2007. The Board’s original decision had increased payments by private radio stations for music by up to 30%, a result the radio industry believed to be unjustified and profoundly unfair, said the Canadian Association of Broadcasters.
Essentially, the court didn’t believe in the reasons for the tariff increase and has asked the Copyright Board to re-examine the issue. Judge John M. Evans wrote that he wants 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"
"We are very disappointed in the Federal Court decision," said Spurgeon, "but we believe that after reconsideration by the Board, it will result in no changes to the decision."
– Greg O’Brien
