Public Broadcasting Service v. Border Broadcasters' Collective
A-164-93
Pratte J.A.
13/1/94
4 pp.
Application for judicial review of Copyright Board's decision relating to determination and allocation of royalties payable for retransmission of distant television signals-Applicant claiming Board allocated royalties between various collecting bodies in manner discriminating between American and Canadian owners on ground of nationality contrary to Copyright Act, s. 70.63 -- Board adopted hybrid approach to apportion royalties for retransmission of television programs between copyright owners-Board partly adopted "supply approach" based on number of subscribers to whom each program made available and, partly, "viewing approach", based on number of subscribers who watched each program -- As result of hybrid approach, copyright owners in programs originating from Canadian signals got bigger share of royalties than if royalties had been allocated on sole basis of viewing, and copyright owners in programs coming from American signals receive a smaller remuneration -- Decision of Board based on distinction between programs emanating from American and Canadian signals, not on distinction between American and Canadian copyright owners -- Not discriminatory within meaning of Copyright Act, s. 70.63 -- Distinction justified by recognizing special value of Canadian signals -- Application dismissed -- Copyright Act, R.S.C., 1985, c. C-42 (as am. by S.C. 1988, c. 65, s. 65).