SOCAN, on behalf of SODRAC members and clients, is finally able to collect for the reproduction of music on CBC television broadcasts.
The Supreme Court of Canada has determined that “broadcast incidental copies” have reproduction rights value as SOCAN/SODRAC was able to demonstrate.
Broadcast incidental copies are copies of music embedded in audio-visual content made by broadcasters that are necessary to facilitate television, radio or online broadcasting. Synchronization refers to the process of incorporating a musical work into an audiovisual work.
Broadcast incidental copies are essentially copies of audiovisual content (containing copyright music), where the copies are made for internal use to facilitate the actual broadcast on different platforms. By example, a Murdoch Mysteries program is delivered to CBC and several internal copies are made in order to facilitate that program being offered on TV, online, on-demand, archives.
The CBC had earlier argued that the right did not exist, and then argued that the right’s value was next to zero. The Copyright Board has now confirmed value and that broadcast incidental copies are an essential element of the CBC’s broadcasting activities in a digital world.