EDMONTON – Fitness Industry Canada is currently working with its lawyers to prepare for its upcoming hearings with the Neighbouring Rights Collective of Canada (NRCC) and Copyright Board of Canada. The first phase of “interrogatories” (defined as questions posed back and forth between the interveners and the NRCC) begin on July 10. All questions must be answered to each party’s satisfaction; if not,the Copyright Board intervenes to resolve the issue. FIC will file more than 200 pages of initial questions to the NRCC requiring them to provide an answer to each question. The answers will help FIC to form the basis for its defense against the proposed music Tariff. During this time the NRCC will also be able to pose questions to FIC and all other interveners. It is expected that the NRCC will be asking questions which will require significant research and capital to answer.

FIC is working closely with Fitness Australia, which recently finished its final hearing with the Phonographic Performance Company of Australia, which proposed a similar Tariff in 2006. During the trial period, Fitness Australia produced enough data and research to fill five shopping carts. This research has been provided to FIC and it could save the association thousands dollars in research fees.

Key dates:
January 10, 2010 – NRCC files its case
April 16, 2010 – FIC files its response
April 27, 2010 – Hearing commencement date where the case is determined by the Copyright Board of Canada

Has your club made its contribution yet? Many clubs have already donated funds to help cover the legal costs necessary to fight this proposed tariff which will seriously affect all fitness clubs if it is implemented. L.A. Fitness, which has five Canadian clubs, has increased its 2009 donation to $10,000 and has pledged $20,000 in additional funds.

To make your donation visit www.ficdn.ca or contact Brian Gilbank, Association Manager for FIC directly at: bgilbank@ficdn.ca or toll free at: 1-866 402 (FICC) 3422 ext 2.

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