COPYRIGHT - Related legislation - International treaties and conventions - Royalties - Copyright Board

Law360 Canada (July 15, 2022, 1:43 PM EDT) -- Appeal by the Society of Composers, Authors and Music Publishers of Canada and Music Canada from a judgment of the Federal Court of Appeal that set aside a decision of the Copyright Board. In proceedings to set a tariff for online music services, the Copyright Board determined that s. 2.4(1.1) of the Copyright Act deemed the act of making works available to be a separately protected and compensable activity, which meant two royalties were payable when a work was distributed online, once when it was made available online and again when the work was actually streamed or downloaded. The Federal Court of Appeal concluded Parliament did not intend to create a new compensable making available right and that s. 2.4(1.1) did not subject downloads and streams to two royalties....
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