The Copyright Board is the third party organization that essentially receives proposals from collectives and then determines the appropriate tariff rates that are applied on classes of works, predominantly musical works. This applies to all classes of usage. Basically, a collective like SOCAN or CMRRA will apply for a tariff; the Copyright Board will adjudicate on that tariff and then decide what the amount is going to be. A case then goes up for judicial review, but it sort of sets what the rate will be.
The challenge is that on average it takes 3.5 years for them to reach a decision on a tariff rate. Between creators and platforms—so-called users—that level of uncertainty is very challenging, because no one can build a business without knowing what the rates that are properly supposed to be paid are going to be.
This is why there's a unanimity among all stakeholders with respect to finding ways to reform the Copyright Board process that will actually make that process more efficient. The board's process itself will set the rates and there may be some disagreements amongst the stakeholders about what that final rate might look like, but we can all agree that the process needs to be more efficient because that generates certainty in the marketplace.