Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2017-04-12 and last amended on 2016-06-22. Previous Versions

Marginal note:Special and transitional royalty rates
  •  (1) Notwithstanding the tariffs approved by the Board under subsection 68(3) for the performance in public or the communication to the public by telecommunication of performer’s performances of musical works, or of sound recordings embodying such performer’s performances,

    • (a) wireless transmission systems, except community systems and public transmission systems, shall pay royalties as follows:

      • (i) in respect of each year, $100 on the first 1.25 million dollars of annual advertising revenues, and

      • (ii) on any portion of annual advertising revenues exceeding 1.25 million dollars,

        • (A) for the first year following the coming into force of this section, thirty-three and one third per cent of the royalties set out in the approved tariff for that year,

        • (B) for the second year following the coming into force of this section, sixty-six and two thirds per cent of the royalties set out in the approved tariff for that year, and

        • (C) for the third year following the coming into force of this section, one hundred per cent of the royalties set out in the approved tariff for that year;

    • (b) community systems shall pay royalties of $100 in respect of each year; and

    • (c) public transmission systems shall pay royalties, in respect of each of the first three years following the coming into force of this section, as follows:

      • (i) for the first year following the coming into force of this section, thirty-three and one third per cent of the royalties set out in the approved tariff for that year,

      • (ii) for the second year following the coming into force of this section, sixty-six and two thirds per cent of the royalties set out in the approved tariff for that year, and

      • (iii) for the third year following the coming into force of this section, one hundred per cent of the royalties set out in the approved tariff for that year.

  • Marginal note:Effect of paying royalties

    (2) The payment of the royalties set out in subsection (1) fully discharges all liabilities of the system in question in respect of the approved tariffs.

  • Definition of advertising revenues

    (3) The Board may, by regulation, define advertising revenues for the purposes of subsection (1).

  • Marginal note:Preferential royalty rates

    (4) The Board shall, in certifying a tariff as approved under subsection 68(3), ensure that there is a preferential royalty rate for small cable transmission systems.

  • Marginal note:Regulations

    (5) The Governor in Council may make regulations defining “small cable transmission system”, “community system”, “public transmission system” and “wireless transmission system” for the purposes of this section.

  • 1997, c. 24, s. 45.
Marginal note:Effect of fixing royalties
  •  (1) Without prejudice to any other remedies available to it, a collective society may, for the period specified in its approved tariff, collect the royalties specified in the tariff and, in default of their payment, recover them in a court of competent jurisdiction.

  • Marginal note:Proceedings barred if royalties tendered or paid

    (2) No proceedings may be brought against a person who has paid or offered to pay the royalties specified in an approved tariff for

    • (a) the infringement of the right to perform in public or the right to communicate to the public by telecommunication, referred to in section 3;

    • (b) the infringement of the rights referred to in paragraph 15(1.1)(d) or 18(1.1)(a); or

    • (c) the recovery of royalties referred to in section 19.

  • Marginal note:Continuation of rights

    (3) Where a collective society files a proposed tariff in accordance with subsection 67.1(1),

    • (a) any person entitled to perform in public or communicate to the public by telecommunication those works, performer’s performances or sound recordings pursuant to the previous tariff may do so, even though the royalties set out therein have ceased to be in effect, and

    • (b) the collective society may collect the royalties in accordance with the previous tariff,

    until the proposed tariff is approved.

  • 1997, c. 24, s. 45;
  • 2012, c. 20, s. 54.

Public Performances in Places Other Than Theatres

  •  (1) [Repealed, R.S., 1985, c. 10 (4th Supp.), s. 14]

  • Marginal note:Radio performances in places other than theatres

    (2) In respect of public performances by means of any radio receiving set in any place other than a theatre that is ordinarily and regularly used for entertainments to which an admission charge is made, no royalties shall be collectable from the owner or user of the radio receiving set, but the Board shall, in so far as possible, provide for the collection in advance from radio broadcasting stations of royalties appropriate to the conditions produced by the provisions of this subsection and shall fix the amount of the same.

  • Marginal note:Expenses to be taken into account

    (3) In fixing royalties pursuant to subsection (2), the Board shall take into account all expenses of collection and other outlays, if any, saved or savable by, for or on behalf of the owner of the copyright or performing right concerned or his agents, in consequence of subsection (2).

  • (4) [Repealed, R.S., 1985, c. 10 (4th Supp.), s. 14]

  • R.S., 1985, c. C-42, s. 69;
  • R.S., 1985, c. 10 (4th Supp.), s. 14;
  • 1993, c. 44, s. 73;
  • 1997, c. 24, s. 52(F).

 [Repealed, R.S., 1985, c. 10 (4th Supp.), s. 15]

Collective Administration in Relation to Rights under Sections 3, 15, 18 and 21

Collective Societies

Marginal note:Collective societies

 Sections 70.11 to 70.6 apply in respect of a collective society that operates

  • (a) a licensing scheme, applicable in relation to a repertoire of works of more than one author, pursuant to which the society sets out the classes of uses for which and the royalties and terms and conditions on which it agrees to authorize the doing of an act mentioned in section 3 in respect of those works;

  • (a.1) a licensing scheme, applicable in relation to a repertoire of performer’s performances of more than one performer, pursuant to which the society sets out the classes of uses for which and the royalties and terms and conditions on which it agrees to authorize the doing of an act mentioned in section 15 in respect of those performer’s performances;

  • (b) a licensing scheme, applicable in relation to a repertoire of sound recordings of more than one maker, pursuant to which the society sets out the classes of uses for which and the royalties and terms and conditions on which it agrees to authorize the doing of an act mentioned in section 18 in respect of those sound recordings; or

  • (c) a licensing scheme, applicable in relation to a repertoire of communication signals of more than one broadcaster, pursuant to which the society sets out the classes of uses for which and the royalties and terms and conditions on which it agrees to authorize the doing of an act mentioned in section 21 in respect of those communication signals.

  • R.S., 1985, c. 10 (4th Supp.), s. 16;
  • 1997, c. 24, s. 46.
Marginal note:Public information

 A collective society referred to in section 70.1 must answer within a reasonable time all reasonable requests from the public for information about its repertoire of works, performer’s performances, sound recordings or communication signals.

  • 1997, c. 24, s. 46.
Marginal note:Tariff or agreement

 A collective society may, for the purpose of setting out by licence the royalties and terms and conditions relating to classes of uses,

  • (a) file a proposed tariff with the Board; or

  • (b) enter into agreements with users.

  • 1997, c. 24, s. 46.

Tariffs

Marginal note:Filing of proposed tariffs
  •  (1) Each collective society referred to in section 70.1 may, on or before the March 31 immediately before the date when its last tariff approved pursuant to subsection 70.15(1) expires, file with the Board a proposed tariff, in both official languages, of royalties to be collected by the collective society for issuing licences.

  • Marginal note:Where no previous tariff

    (2) A collective society referred to in subsection (1) in respect of which no tariff has been approved pursuant to subsection 70.15(1) shall file with the Board its proposed tariff, in both official languages, of all royalties to be collected by it for issuing licences, on or before the March 31 immediately before its proposed effective date.

  • 1997, c. 24, s. 46.
 
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