Copyright Board Canada

Section II: Analysis of Programs by Strategic Outcome

Strategic Outcome

The Board's strategic outcome is to ensure fair decision-making to provide proper incentives for the creation and uses of copyrighted works. The achievement of this outcome relates to innovation, which is a main source of competitive advantage in all areas of economic activity.

The use and re-use of cultural and entertainment content (such as musical and audio-visual works) have become widespread with the advent of new media and online services, new playback and editing technologies and new uses in conventional media. These matters relate to some of society's most complex and contentious issues, including the downloading of content over the Internet using file-sharing software and the proliferation of duplication technologies which have the capability to make digital copies. At the same time, new opportunities for streaming video and audio files, whether interactively, semi-interactively, or passively have emerged. Personal video recorders and other similar devices used in conjunction with television sets have begun to blur lines between the broadcasting sector and the entertainment rental/purchase sector. Personal digital audio recorders have the capacity to store entire libraries of music, literally thousands of songs. It is in this environment that the Board must operate to achieve its strategic outcome.

The Copyright Board of Canada recognizes the need to ensure an effective and efficient copyright regulatory regime in order to attain the maximum productivity in those sectors that create and use copyrighted works. Further, the performance of the Copyright Board will promote a fair and competitive marketplace as well as reasonable opportunities for Canadian firms to export copyright protected goods and services in the music, for content creation and programming areas, as well as for the broadcasting, publishing and entertainment industries.


Copyright Tariff Setting and Issuance of Licences

This activity is in direct relation to the Board's mandate, the first part of which is to establish, either mandatorily or at the request of an interested party, the royalties to be paid for the use of copyrighted works, when the administration of such copyright is entrusted to a collective-administration society. This part of the mandate is delivered through the setting of copyright tariffs.

The second part of the Board's mandate is to issue licenses when the copyright owner cannot be located.

Program: Copyright Tariff Setting and Issuance of Licences
Expected Results Performance Indicators Targets Actual Results

Fair and Equitable Tariffs and Conditions

  1. Percentage of tariff decisions published within 12 months
  2. Percentage of licences issued within 45 days
  3. Level of satisfaction of stakeholders

70% of tariff decisions will be published within one year

70% of licences will be issued within 45 days

70% satisfaction rate

85% of tariff decisions were published within one year

88% of licenses were issued within 45 days

Not measured quantitatively in 2012-13

2012-13 Financial Resources ($ thousands)
Total Budgetary Expenditures (Main Estimates) 2012-13 Planned Spending
Total Authorities (available for use)
Actual Spending (authorities used) 2012-13 Difference 2012-13
2,525 2,525 2,591 2,032 493
2012-13 Human Resources (Full-Time Equivalents - FTEs)
Planned 2012-13 Actual 2012-13 Difference 2012-13
12 11 1

Performance Analysis and Lessons Learned

1. Public Performance of Music

The Board held one hearing, related to Re:Sound Tariffs 8.A and 8.B (Simulcasting and Webcasting; Semi-Interactive Webcasting), and issued five decisions:

  • On May 25, 2012, the Board certified, pursuant to an agreement with the Objectors, a tariff for recorded music to accompany live events;
  • On June 30, 2012, the Board certified various SOCAN tariffs;
  • On July 6, 2012, the Board certified a tariff for recorded music accompanying fitness activities, setting a flat rate for fitness classes;
  • On October 5, 2012, the Board certified a tariff for online music services; and,
  • On January 18, 2013, the Board denied an application to vary a tariff related to Ringtones and Ringbacks.

2. Reproduction of Musical Works

Three decisions were issued by the Board:

  • On November 2, 2012, the Board certified SODRAC Tariff 5, relating to the reproduction of musical works in cinematographic works;
  • On December 20, 2012, the Board issued an Interim Decision on SODRAC Tariff 5, which quashed the November 2 Tariff and reopened the file for reconsideration;
  • On December 21, 2012, the Board partly rejected CAB's application for an interim decision in respect of the commercial radio tariff, making it interim from November 7, 2012 in respect of CSI.

3. Reproduction of Literary Works

The Board held 1 hearing, related to copying in provincial and territorial government offices. The Board also issued one decision:

  • On January 18, 2013, the Board certified a new tariff for copying in elementary and secondary schools; this was required after the Supreme Court of Canada quashed the previous tariff.

4. Arbitration

Three decisions were rendered:

  • On April 30, 2012, the Board issued licences in a SODRAC v. CBC arbitration, relating in part to interactive kiosks and the Explora Service;
  • On November 2, 2012, the Board issued final licences to CBC (November 14, 2008 to March 31, 2012) and Astral (December 19, 2008 to August 31, 2012) for the use of SODRAC repertoire; and,
  • On January 16, 2013, the Board issued an Interim Decision in an arbitration between SODRAC and CBC, extending the November 2, 2012 licence from November 3, 2012 onward.

5. Private Copying

A hearing was conducted for private copying onto blank media.

6. Retransmission

One decision was rendered:

  • On December 21, 2012, the Board issued an Interim Decision in respect of the retransmission of distant television signals as of January 1st, 2013.

7. Unlocatable Copyright Owners

In 2012-13, 24 applications were filed and 8 licences were granted.

8. Agreements Filed with the Board

In 2012-13, 212 agreements were filed with the Board pursuant to section 70.5 of the Act.

Internal Services

Internal services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are: Management and Oversight Services; Communications Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

2012-13 Financial Resources ($ thousands)
Planned Spending 2012-13 Actual Spending 2012-13 Difference 2012-13
592 477 115
2012-13 Human Resources (Full-Time Equivalents - FTEs)
Planned Actual 2012-13 Difference 2012-13
3 3 0

Performance Analysis and Lessons Learned

This activity deals with financial and materiel management policies, systems, processes and standards. In implementing these policies, compliance with Parliament's requirements for financial stewardship and integrity is ensured. This activity also encompasses the responsibility of providing human resource services. The Board receives timely support from the services mentioned above.