Page 3(c)“The amendments [AUCC’s proposed amendments to the Interim Tariff]suggest that only Access Copyright has the obligation to license the use of works in a particular way” (page 14); and(d)“Access Copyright’s decision, itself, not to license on a transactional basisin the face of the Proposed Tariff providing for a blanket licence is aunilateral decision” (page 16).The general tariff regime was established by the amendments to the Act enacted in 1988.These amendments removed a previous concern that the licensing of copyright by acollective society of rights of copyright owners (other than the public performance rightsof composers and music publishers) would be contrary to the
The 1988amendments provided that where a “licensing body”, since 1997 known as a “collectivesociety”, concluded an agreement authorizing a person to use the exclusive rights of copyright, the licensing body or that person could file the agreement with the CopyrightBoard of Canada (the “Board”). Section 32 of the
did not apply inrespect of such an agreement filed with the Board. The amendments further provided thatthe Director of Investigation and Research (the “Director”), now the Commissioner of Competition, could have access to an agreement filed with the Board, and if the Director considered the agreement contrary to the public interest, the Director could request theBoard to examine the agreement
.Elimination of the concern over section 32, now section 45, of the
enabled Access and other licensing bodies to be established and to collectively license theexclusive rights of copyright of more than one copyright owner. As a protection againstthe undue exploitation of monopoly power by a licensing body, the 1988 amendmentsalso provided that, where a licensing body was unable to agree on the royalties andrelated terms and conditions for the use of a work within the licensing body’s repertoire,either the licensing body or the user could apply to the Board. The Board was embodiedto fix the royalties and related terms and conditions with respect to such use
Now section 45 of the
The 1988 amendments may be found at S.C. 1988, c. 15, s. 14.
These further provisions may also be found at S.C. 1988, c. 15, s. 14.