Re:Sound v. Canadian Association of Broadcasters, 2017 FCA 138        

In this case, Re:Sound seeks judicial review of a decision of the Copyright Board (the Board), certifying a tariff setting royalties for the use of published sound recordings embodying musical works and performers performances of such works in non-interactive and semi-interactive webcasting for the years 2009-2012. The Court held that the standard of review was reasonableness, and that the Board’s decision was reasonable. Thus, the application was dismissed with costs.

Under s. 19 of the Copyright Act, sound recording makers and performers have a right to be paid for the public performance or communication to the public by telecommunication of published sound recordings embodying performers’ performances of musical works. In 1997, s. 19 also gave performers and sound recording makers a new right to receive “equitable remuneration”. Any collective society that administers the right to perform musical works or sound recordings in public, or communicate them by telecommunication to the public, such as Re:Sound, is required to file with the Board proposed tariffs to receive royalties for the use of their repertoires. The Board considers the proposals in light of any objections, and certifies a tariff with any changes it deems necessary. The Court held that the Board has broad discretion when it sets equitable remuneration.

In this case, the FCA considered the factual background of the case. Re:Sound argued that the Board should have used market rates to set the equitable remuneration. The FCA was not convinced that the failure to do so was unreasonable. The FCA held that copyright protection exists because we find the work it protects to be valuable. That value is not correlated to the input costs, and as such, those costs are not relevant to the Board’s analysis of the tariff in this case. Furthermore, the FCA held that it was reasonable for the Board not to perform the precise technological neutrality analysis mandated by the Supreme Court, as there was very little evidence before it on these issues.

Industry News 

Health Canada has announced a Consultation on Possible Changes to the Food and Drug Regulations: Generic Drug Equivalence and Related Terminology. The website indicates that the consultation is open for comment starting June 30, 2017 until October 13, 2017.  

Health Canada has released an Updated Notice: Questions and Answers for the Guidance for Industry: Preparation of Drug Submissions in the eCTD Format