Copyright Act

Marginal note:Pre-recorded recordings

• 30.9 (1) It is not an infringement of copyright for a broadcasting undertaking to reproduce in accordance with this section a sound recording, or a performer’s performance or work that is embodied in a sound recording, solely for the purpose of transferring it to a format appropriate for broadcasting, if the undertaking

  • (a) owns the copy of the sound recording, performer’s performance or work and that copy is authorized by the owner of the copyright;

  • (b) is authorized to communicate the sound recording, performer’s performance or work to the public by telecommunication;

  • (c) makes the reproduction itself, for its own broadcasts;

  • (d) does not synchronize the reproduction with all or part of another recording, performer’s performance or work; and

  • (e) does not cause the reproduction to be used in an advertisement intended to sell or promote, as the case may be, a product, service, cause or institution.

• Marginal note:Record keeping

  (2) The broadcasting undertaking must record the dates of the making and destruction of all reproductions and any other prescribed information about the reproduction, and keep the record current.

• Marginal note:Right of access by copyright owners

  (3) The broadcasting undertaking must make the record referred to in subsection (2) available to owners of copyright in the sound recordings, performer’s performances or works, or their representatives, within twenty-four hours after receiving a request.

• Marginal note:Destruction

  (4) The broadcasting undertaking must destroy the reproduction when it no longer possesses the sound recording or performer’s performance or work embodied in the sound recording, or at the latest within thirty days after making the reproduction, unless the copyright owner authorizes the reproduction to be retained.

• Marginal note:Royalty

  (5) If the copyright owner authorizes the reproduction to be retained, the broadcasting undertaking must pay any applicable royalty.

• Marginal note:Application

  (6) This section does not apply if a licence is available from a collective society to reproduce the sound recording, performer’s performance or work.

• Definition of broadcasting undertaking

  (7) In this section, broadcasting undertaking means a broadcasting undertaking as defined in subsection 2(1) of the Broadcasting Act that holds a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission under that Act.