COPYRIGHT
Practice
Judicial review of Copyright Board’s decision certifying tariffs of royalties payable by commercial radio stations to respondents—Board finding increase to tariff warranted because existing tariff underestimated value of music to radio stations’ revenue, broadcasters using more music in programming, broadcasters using music more efficiently to target audiences, increase revenues—Reasons respecting quantification of royalty increases attributable to historical undervaluation of music, greater efficiencies achieved by industry through use of its music, inadequate—Not sufficient to merely refer to evidence taken as a whole—Parties have responsibility to produce relevant evidence in support of position—If none forthcoming Board can explain how it made its best efforts to estimate appropriate rate increase—Application allowed.
Canadian Assn. of Broadcasters v. Society of Composers, Authors and Music Publishers of Canada (A-542-05, 2006 FCA 337, Evans J.A., judgment dated 19/10/06, 8 pp.)