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FitNet Commercial
November 3rd, 2008

Neighbouring Rights Collective of Canada (NRCC) Update

Edmonton – Currently the Fitness Industry Council of Canada (FIC) is waiting to receive intervener status from the Copyright Board of Canada, which will allow it to formally oppose the proposed Tariff from the Neighbouring Rights Collective of Canada (NRCC). Based upon discussions with Claude Majeau, secretary general of the Copyright Board, FIC expects to obtain the status within the next 60 to 90 days.

In early September 2008, Majeau informed David Hardy, president of FIC, that the board was still waiting to receive a response from the NRCC – regarding the questions posed to them by the board on March 28 2008.

The Copyright Board posed these questions to the NRCC based on their its concern with the scope of the proposed Tariff and because it were concerned that no parties affected by Tariff No: 6 had originally objected to the proposed Tariff. Claude Majeau also stated to FIC that the board would not be processing any requests for intervener status until these specific questions were answered by the NRCC. Since FIC learned of the proposed Tariff, it has contacted over 100 associations who will be affected by its implementation. Since then, seven additional associations have filed for intervener status.

FIC’s legal council suggests that the negotiation process could last as long as twelve to fourteen months. The good news is that the Tariff will not be certified by the board anytime soon; the bad news is that the long litigation process will be very expensive.
To learn more about the proposed NRCC Tariff or to make a donation to FIC, visit: www.ficdn.ca.




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