Copyright Appeal Board : In 1832, Lower Canada enacted its first copyright act, the Act for the Protection of Copy Rights (2 Gulielmi IV, c. 53, 1832), which protected books, map, chart, musical composition, print, cut, or engraving. To benefit from the protection of the act, creators (authors) had to register a printed copy of their work in the Clerk's office of the Superior Court of their home jurisdiction. That registration gave them the exclusive right, for 28 years, to print, reprint, publish and sell that work in Lower Canada. That right could be renewed for 14 years upon request.
Subsequent amendments to the act governing copyright protection were made between 1841 and 1867. The types of works protected, the length of that protection and the person responsible for registering rights has changed over time.
At the time of Confederation, the Copyright Act of 1868 (31 Vict. c. 54, 1868), was enacted. The Minister of Agriculture then became responsible for registering copyrights. For the first time, the act allowed a copyright owner to formally consent, transfer or sell their rights to a third party.
In 1921, the Copyright Act (11-12 Geo. V. c. 24, 1921) replaced the 1868 act. The list of types of works protected grew to also include architectural works of art, artistic works, dramatic, literary and musical works, performances and representations, cinematography and audio recordings. Moving forward, copyright protection was in effect until 50 years after the creator's death and was automatic at the time the work was created (formal registration with the Department of Agriculture was now optional).
That act also established a system of royalties to be paid for the use of copyright-protected work, notwithstanding a formal agreement between the parties. Following those amendments, the Canadian Performing Rights Society, Limited (CPRS) was created in 1925. That society was the first of its kind to manage the public performance rights of musical, literary and dramatic works, and it administered the royalties of both Canadian and non-Canadian music composers, lyricists and publishers whose creations were performed in Canada. In 1931, the Copyright Act was further amended to govern the practices of the CPRS: the government could set the royalties during an inquiry following a formal complaint.
Following an avalanche of complaints against the CPRS, the Royal Commission Appointed to Investigate the Activities of the Canadian Performing Rights Society, Limited, and Similar Societies was established under the direction of Justice James Parker in March 1935. The October 1935 report from that Commission recommended the creation of a formal appeals tribunal to resolve disputes between users and the CPRS and to review royalties proposals before they took effect.
The Copyright Appeal Board (CAB) was formed in 1936 following another amendment to the Copyright Act so that tariffs would be reviewed on an ongoing, public basis before taking effect. The CAB's powers were limited to reviewing tariffs related to the public performance of dramatico-musical works.
The CAB was comprised of three members whose main task was to review the tariff proposals submitted by the CPRS and subsequently created collective societies for the administration of copyrights. The Board Chair had to be a current or former judge, and the CAB had no administrative staff. The secretariat duties were performed by the staff of the department responsible for the CAB. The Secretary of State of Canada was responsible for the CAB from 1936 to 1966. En 1964-1965, the CAB answered to the Minister of Justice, to the Privy Council Office in 1966, and to the Registrar General in 1967. Then, from 1968 until it was dissolved in 1989, the minister responsible for the CAB was the Minister of Consumer and Corporate Affairs.
To obtain approval of their proposed tariffs, the CPRS and other collective societies had to provide the Minister, annually, with the list of tariffs they intended to use for the following year. Those tariff proposals were then published in the Canada Gazette so stakeholders could submit their written objections, then the proposed tariffs and the objections were submitted to the CAB. The CAB could also issue its own objections. All objections had to be submitted to the relevant society for response. The CAB then had to issue a decision on the proposed tariffs: amend them or keep them as is. Once that decision was made, the approved tariffs were published in the Canada Gazette.
All CAB decisions were made through a formal hearing. The CAB generally held a single hearing per year, but several hearings were held during certain years, particularly in the 1970s. Similarly, the approved tariffs were published once a year in the Canada Gazette, but in certain years, it was possible to have several publications if deemed necessary. In 1989, following an amendment to the Copyright Act, the CAB was dissolved and replaced with the Copyright Board.
Between 1936 and 1989, the CAB had four Chairs: the Honourable A.K. Maclean (1936-1942), the Honourable Joseph Thorarinn Thorson (1942-1964), the Honourable A.L. Thurlow (1964-1972) and the Honourable François Chevalier (1972-1989).
