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Technological Change and Copyright Tariffs after CBC v. SODRAC (SCC 2015). Part 3
  • Carys Craig, Osgoode Hall Law School of York University
  • Ariel Katz, University of Toronto, Faculty of Law
  • Mario Bouchard, Copyright Board of Canada
  • Adriane Porcin, University of Manitoba, Faculty of Law
  • Bobby Glushko, University of Toronto
  • Howard Knopf, Macera & Jarzyna LLP
Document Type
Publication Date
  • Copyright,
  • Canada
“MANDATORY” TARIFFS The majority reasons established that the power of the Copyright Board to set the terms of a licence under s. 70.2 of the Copyright Act does not include the power to bind the parties to those terms: in the absence of clear authority that this is Parliament’s intent, “the burdens of a license should not be imposed on a user who does not consent to be bound by its terms.” What are the potential implications for other collective societies, copyright users, and the role of Copyright Board? Is this conclusion limited to the Board licenses established pursuant to s. 70.2, or do the reasons extend to other tariffs approved by the Board, essentially debunking the so-called “mandatory tariff” theory?

Begins with the end of Part 2.

Citation Information
Carys Craig, Ariel Katz, Mario Bouchard, Adriane Porcin, et al.. "Technological Change and Copyright Tariffs after CBC v. SODRAC (SCC 2015). Part 3" (2016)
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