Decision

Bell Canada v. Copyright Collective of Canada, 2021 FCA 148

Justice Gleason; Justice Rennie; Justice de Montigny - 2021-07-22

Read full decision. Automatically generated summary:

The BDUs submit that the royalty rates fixed by the Board exceed the amounts that would be fair and equitable in the circumstances, contrary to section 66.501 of the Act. In particular, the BDUs take issue with the Board’s failure to make adjustments for simultaneous substitution and for relative viewing of distant signals as compared to viewing of the proxy services, as well as with what they allege to be a reduction of the substitutability adjustment by half. The Collectives, for their part, argue that the Board erred in: 1) failing to use the latest available version of the key pricing and subscribership data based upon which the initial proxy price was calculated; 2) using a profit margin figure that was inapplicable to the speciality services selected to form the proxy set; 3) imposing an arbitrary input and overhead reduction; and 4) misapplying its own precedent with respect to a purported market power deduction. Each of these errors, in the Collectives’ view, reduced the royalty rates that should have been calculated pursuant to the Board’s proxy approach.

Decision relates to:

  • A-45-19 - Bell Canada et al. v. Copyright collective of Canada et al.
  • A-47-19 - COPYRIGHT COLLECTIVE OF CANADA ET AL v. BELL CANADA ET AL

 

Canadian Intellectual Property