Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2016-01-25 and last amended on 2015-06-23. Previous Versions

Marginal note:Regulations

 The Governor in Council may make regulations issuing policy directions to the Board and establishing general criteria to be applied by the Board or to which the Board must have regard

  • (a) in establishing fair and equitable royalties to be paid pursuant to this Act; and

  • (b) in rendering its decisions in any matter within its jurisdiction.

  • 1997, c. 24, s. 44.

Collective Administration of Performing Rights and of Communication Rights

Marginal note:Public access to repertoires

 Each collective society that carries on

  • (a) the business of granting licences or collecting royalties for the performance in public of musical works, dramatico-musical works, performer’s performances of such works, or sound recordings embodying such works, or

  • (b) the business of granting licences or collecting royalties for the communication to the public by telecommunication of musical works, dramatico-musical works, performer’s performances of such works, or sound recordings embodying such works, other than the communication of musical works or dramatico-musical works in a manner described in subsection 31(2),

must answer within a reasonable time all reasonable requests from the public for information about its repertoire of works, performer’s performances or sound recordings, that are in current use.

  • R.S., 1985, c. C-42, s. 67;
  • R.S., 1985, c. 10 (1st Supp.), s. 1, c. 10 (4th Supp.), s. 12;
  • 1993, c. 23, s. 3;
  • 1997, c. 24, s. 45.
Marginal note:Filing of proposed tariffs
  •  (1) Each collective society referred to in section 67 shall, on or before the March 31 immediately before the date when its last tariff approved pursuant to subsection 68(3) expires, file with the Board a proposed tariff, in both official languages, of all royalties to be collected by the collective society.

  • 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 68(3) shall file with the Board its proposed tariff, in both official languages, of all royalties to be collected by it, on or before the March 31 immediately before its proposed effective date.

  • Marginal note:Effective period of tariffs

    (3) A proposed tariff must provide that the royalties are to be effective for periods of one or more calendar years.

  • Marginal note:Prohibition of enforcement

    (4) If a proposed tariff is not filed with respect to the work, performer’s performance or sound recording in question, no action may be commenced, without the written consent of the Minister, for

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

    • (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:Publication of proposed tariffs

    (5) As soon as practicable after the receipt of a proposed tariff filed pursuant to subsection (1), the Board shall publish it in the Canada Gazette and shall give notice that, within sixty days after the publication of the tariff, prospective users or their representatives may file written objections to the tariff with the Board.

  • R.S., 1985, c. 10 (4th Supp.), s. 12;
  • 1997, c. 24, s. 45;
  • 2001, c. 34, s. 35(E);
  • 2012, c. 20, s. 52.

 [Repealed, 1997, c. 24, s. 45]

Marginal note:Board to consider proposed tariffs and objections
  •  (1) The Board shall, as soon as practicable, consider a proposed tariff and any objections thereto referred to in subsection 67.1(5) or raised by the Board, and

    • (a) send to the collective society concerned a copy of the objections so as to permit it to reply; and

    • (b) send to the persons who filed the objections a copy of any reply thereto.

  • Marginal note:Criteria and factors

    (2) In examining a proposed tariff 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, the Board

    • (a) shall ensure that

      • (i) the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in the provisions of section 20 other than subsections 20(3) and (4),

      • (ii) the tariff does not, because of linguistic and content requirements of Canada’s broadcasting policy set out in section 3 of the Broadcasting Act, place some users that are subject to that Act at a greater financial disadvantage than others, and

      • (iii) the payment of royalties by users pursuant to section 19 will be made in a single payment; and

    • (b) may take into account any factor that it considers appropriate.

  • Marginal note:Certification

    (3) The Board shall certify the tariffs as approved, with such alterations to the royalties and to the terms and conditions related thereto as the Board considers necessary, having regard to

    • (a) any objections to the tariffs under subsection 67.1(5); and

    • (b) the matters referred to in subsection (2).

  • Marginal note:Publication of approved tariffs

    (4) The Board shall

    • (a) publish the approved tariffs in the Canada Gazette as soon as practicable; and

    • (b) send a copy of each approved tariff, together with the reasons for the Board’s decision, to each collective society that filed a proposed tariff and to any person who filed an objection.

  • R.S., 1985, c. C-42, s. 68;
  • R.S., 1985, c. 10 (4th Supp.), s. 13;
  • 1993, c. 23, s. 5;
  • 1997, c. 24, s. 45;
  • 2012, c. 20, s. 53.
 
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