Copyright Board Renders Decision on Download Rates

The Copyright Board of Canada has released its decision in SOCAN's Tariff 22 application.  The Board notably found that:
- downloads and streams involve both a reproduction and a communication to the public by telecommunication, and both rights merit remuneration
- previews are not compensable as they are covered by fair dealing
- the tariff is applicable retroactively to 1996 (although the Board cautions that "Common sense and economics will prevail")
- the tariff is applicable to foreign services with a "real and substantial connection" to Canada; and
- music embedded in video games, though not addressed in this decision, is separately compensable.