Collective Societies in a Transactional World

Porcin, A. "Collective Societies in a Transactional World" (2016) 28:3 Intellectual Property Journal 419

In CBC v. SODRAC, the Supreme Court decided that arbitration decisions rendered by the Copyright Board under s. 70.2 of the Copyright Act were not mandatory. This raises interesting questions regarding the interaction between users and collective societies under s. 70.1 ff.: To what extent does the decision apply to collective societies beyond SODRAC? Is collective management in its current form still relevant for users? What should the Copyright Board’s role be in a transactional world? We conclude that though collective management as a mechanism is still relevant, collective societies may have to reinvent themselves to handle technological change.

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