Copyright Act (R.S.C., 1985, c. C-42)

Distribution of Levies Paid

Marginal note:Distribution by collecting body

84 As soon as practicable after receiving the levies paid to it, the collecting body shall distribute the levies to the collective societies representing eligible authors, eligible performers and eligible makers, in the proportions fixed by the Board.

Marginal note:Reciprocity

• 85 (1) Where the Minister is of the opinion that another country grants or has undertaken to grant to performers and makers of sound recordings that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

  • (a) grant the benefits conferred by this Part to performers or makers of sound recordings that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country; and

  • (b) declare that that country shall, as regards those benefits, be treated as if it were a country to which this Part extends.

• Marginal note:Reciprocity

  (2) Where the Minister is of the opinion that another country neither grants nor has undertaken to grant to performers or makers of sound recordings that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

  • (a) grant the benefits conferred by this Part to performers or makers of sound recordings that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country, as the case may be, to the extent that that country grants those benefits to performers or makers of sound recordings that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada; and

  • (b) declare that that country shall, as regards those benefits, be treated as if it were a country to which this Part extends.

• Marginal note:Application of Act

  (3) Any provision of this Act that the Minister specifies in a statement referred to in subsection (1) or (2)

  • (a) applies in respect of performers or makers of sound recordings covered by that statement, as if they were citizens of or, if corporations, had their headquarters in Canada; and

  • (b) applies in respect of a country covered by that statement, as if that country were Canada.

• Marginal note:Application of Act

  (4) Subject to any exceptions that the Minister may specify in a statement referred to in subsection (1) or (2), the other provisions of this Act also apply in the way described in subsection (3).

Exemption from Levy

Marginal note:Where no levy payable

• 86 (1) No levy is payable under this Part where the manufacturer or importer of a blank audio recording medium sells or otherwise disposes of it to a society, association or corporation that represents persons with a perceptual disability.

• Marginal note:Refunds

  (2) Where a society, association or corporation referred to in subsection (1)

  • (a) purchases a blank audio recording medium in Canada from a person other than the manufacturer or importer, and

  • (b) provides the collecting body with proof of that purchase, on or before June 30 in the calendar year following the calendar year in which the purchase was made,

  the collecting body is liable to pay forthwith to the society, association or corporation an amount equal to the amount of the levy paid in respect of the blank audio recording medium purchased.

• Marginal note:If registration system exists

  (3) If regulations made under paragraph 87(a) provide for the registration of societies, associations or corporations that represent persons with a perceptual disability, subsections (1) and (2) shall be read as referring to societies, associations or corporations that are so registered.

Regulations

Marginal note:Regulations

87 The Governor in Council may make regulations

• (a) respecting the exemptions and refunds provided for in section 86, including, without limiting the generality of the foregoing,

  • (i) regulations respecting procedures governing those exemptions and refunds,

  • (ii) regulations respecting applications for those exemptions and refunds, and

  • (iii) regulations for the registration of societies, associations or corporations that represent persons with a perceptual disability;

• (b) prescribing anything that by this Part is to be prescribed; and

• (c) generally for carrying out the purposes and provisions of this Part.

Civil Remedies

Marginal note:Right of recovery

• 88 (1) Without prejudice to any other remedies available to it, the collecting body may, for the period specified in an approved tariff, collect the levies due to it under the tariff and, in default of their payment, recover them in a court of competent jurisdiction.

• Marginal note:Failure to pay royalties

  (2) The court may order a person who fails to pay any levy due under this Part to pay an amount not exceeding five times the amount of the levy to the collecting body. The collecting body must distribute the payment in the manner set out in section 84.

• Marginal note:Order directing compliance

  (3) Where any obligation imposed by this Part is not complied with, the collecting body may, in addition to any other remedy available, apply to a court of competent jurisdiction for an order directing compliance with that obligation.

• Marginal note:Factors to consider

  (4) Before making an order under subsection (2), the court must take into account

  • (a) whether the person who failed to pay the levy acted in good faith or bad faith;

  • (b) the conduct of the parties before and during the proceedings; and

  • (c) the need to deter persons from failing to pay levies.

PART IXGeneral Provisions

Marginal note:No copyright, etc., except by statute

89 No person is entitled to copyright otherwise than under and in accordance with this Act or any other Act of Parliament, but nothing in this section shall be construed as abrogating any right or jurisdiction in respect of a breach of trust or confidence.

Marginal note:Interpretation

90 No provision of this Act relating to

• (a) copyright in performer’s performances, sound recordings or communication signals, or

• (b) the right of performers or makers to remuneration

shall be construed as prejudicing any rights conferred by Part I or, in and of itself, as prejudicing the amount of royalties that the Board may fix in respect of those rights.

Marginal note:Adherence to Berne and Rome Conventions

91 The Governor in Council shall take such measures as are necessary to secure the adherence of Canada to

• (a) the Convention for the Protection of Literary and Artistic Works concluded at Berne on September 9, 1886, as revised by the Paris Act of 1971; and

• (b) the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, done at Rome on October 26, 1961.

Marginal note:Review of Act

92 Five years after the day on which this section comes into force and at the end of each subsequent period of five years, a committee of the Senate, of the House of Commons or of both Houses of Parliament is to be designated or established for the purpose of reviewing this Act.