Canadian Broadcasting Corporation / Société Radio-Canada v. SODRAC 2003 Inc., et al.

(Federal) (Civil) (By Leave)

(Sealing order)




Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Intellectual property law - Judicial review - Copyright - Licenses - Licensing societies - Royalties - Ephemeral copies - Application by broadcaster for review of licenses issued by Copyright Board allowed in part - Collective society imposing royalties on producers of content and broadcasters - Licences allow collective society to collect royalties for copies incidental to use of new broadcast technologies - Whether broadcast-incidental copies require a separate licence under a technologically-neutral interpretation of the Copyright Act, R.S.C. 1985, c. C-42 - If a licence is required in FCA File No. A-516-12, what is a technologically-neutral royalty rate for broadcast-incidental copies - Whether the Board err in law by granting an interim licence in FCA File No. A-63-13.

Lower Court Rulings

January 16, 2013
Copyright Board Canada

Application to certify proposed Tariff 5 allowed
March 31, 2014
Federal Court of Appeal

A-516-12, 2014 FCA 84
Applications for judicial review allowed in part; stays of execution of licences issued November 2, 2012, and January 16, 2013, dissolved