Mandate, Jurisdiction & Role
Mandate
The mandate of the Board is defined in the Copyright Act (the “Act”). It provides that the Board intervene in three areas:
- Approving tariffs for content where rights are managed by collective societies;
- Settling individual cases where parties disagree; and
- Granting licences for the use of content when the right owners are unlocatable.
The Copyright Board of Canada’s fundamental purpose is to establish fair and equitable tariffs and licences through timely processes. These requirements are expressly stated in the Act: “The Board shall fix royalty and levy rates and any related terms and conditions under this Act that are fair and equitable […].” The timeliness requirement is also stated in the Act: “All matters before the Board shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit […].”
To deliver on its mandate, the Board is required to act fairly, base its work on solid legal and economic principles, and reflect a firm understanding of evolving business models and technologies.
As an administrative tribunal, the Board is constrained by the decisions of the Federal Court of Appeal and the Supreme Court of Canada, which shape the legal framework in which it operates. Finally, the Board’s decisions are subject to judicial review. Cases from previous years can be reversed, in whole or in part, and sent back to the Board for reexamination.
As an independent tribunal, the Board reports on its administrative activities to Parliament through the Minister of Innovation, Science and Industry
Tariff Approval
The Board is responsible for approving tariffs for the following:
- the use of musical works, sound recordings and public performances by a wide range of entities including television stations, satellite radio, online music services, hotels and restaurants;
- the use of literary works by educational institutions and governments;
- the retransmission of works embedded in distant television and radio signals, or the reproduction and public performance of a television and radio broadcast, by educational establishments for educational purposes; and
- the manufacturing or importation of blank audio media for private copying purposes.
Settlement of Individual Cases
Copyright users and collectives can agree privately on royalties and related terms for the use of works in a collective’s repertoire. Should they disagree, and if requested by either party, the Board can intervene to set royalties or related terms and conditions, as per section 71 of the Copyright Act.
Unlocatable Copyright Owners
When the copyright owner cannot be found, the Board rules on requests for non-exclusive licences to use a work protected by copyright.
Other Aspects of the Board’s Mandate
When collective societies and users of copyrights have agreed on royalties and related terms of licences for the use of works in a collective society’s repertoire, to protect the public interest and if requested to do so by the Commissioner of Competition, the Copyright Board may examine the agreements between copyright collectives and users that have been filed with the Board by either party pursuant to section 76 of the Copyright Act. The Board is also responsible for establishing the compensation to be paid by a copyright owner to a person for ceasing to perform protected acts following the accession of a country to an international treaty, notably the WIPO Performances and Phonograms Treaty, the Berne Convention, the Universal Convention, or the Agreement Establishing the World Trade Organization, and that were not previously protected