Law360 Canada ( August 26, 2021, 5:44 AM EDT) -- Application by six broadcasting distribution undertakings (“BDUs”) for judicial review of a decision of the Copyright Board that determined the quantum of royalty rates payable under the Tariff for the Retransmission of Distant Television Signals. Application by nine collective societies (“Collectives”) for judicial review of the same decision. The BDUs were retransmitters who distributed distant television signals as part of subscription services distributed to their customers. The Collectives represented the rights of copyright holders who were entitled to royalties for the retransmission of their works. They initiated the underlying proceeding by filing a proposed tariff for the retransmission of distant television signals for 2014-2018. The proposed royalty rate was $1.06 per subscriber per month for 2014 for large retransmitters, increasing to $1.38 in 2018. The BDUs objected to the proposed tariff. The Collectives subsequently increased the proposed royalty rates sought. The Board used a proxy approach to set the royalty rate. It fixed a rate of $1.06 for 2014, increased to $1.17 for 2018....