Compulsory No More? Licences Fixed By The Copyright Board After CBC v SODRAC

The Supreme Court of Canada's recent decision in Canadian Broadcasting Corp. v. SODRAC 2003 Inc., 2015 SCC 57 ("CBC v. SODRAC") was a much anticipated ruling in the copyright community, helping to clarify the role of "technological neutrality" in the context of the Copyright Act. Another aspect of the Court's ruling, however, has nothing to do with "technological neutrality", but rather the enforcement of certain licences administered by collective societies. The Supreme Court held that copyright users must consent to be bound by the terms of such licences—the Copyright Board (the "Board") cannot compel users to agree against their will. What impact this aspect of the decision will have on users remains to be seen. On the one hand, this could be a boon for users who decide not to be bound by a collective society's licence because they believe their activity constitutes "fair dealing", or does not engage the copyright for which compensation is sought. On the