Broadcast Incidental Copying Requires A License

In Canadian Broadcasting Corp. v. SODRAC 2003 Inc.,¹ once again the Supreme Court has had to consider an appeal from a decision of the Copyright Board. The basic question this time was whether the Copyright Board ought to have imposed royalty fees on the CBC for producing incidental copies that arise as a technical part of the digital broadcasting process.

The majority, citing technological neutrality and balance, upheld the decision of the Copyright Board on this point. The minority, also citing technological neutrality and balance, would have reversed the decision of the Copyright Board and held that no royalties were to be paid for such incidental copies.

Separate license required?