Copyright Board Renders Decision on Download Rates

The Copyright Board of Canada has released its decision in SOCAN's Tariff 22 application. The Board notably found that: - downloads and streams involve both a reproduction and a communication to the public by telecommunication, and both rights merit remuneration - previews are not compensable as they are covered by fair dealing - the tariff is applicable retroactively to 1996 (although the Board cautions that "Common sense and economics will prevail") - the tariff is applicable to foreign services with a "real and substantial connection" to Canada; and - music embedded in video games, though not addressed in this decision, is separately compensable.