Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2014-12-18 and last amended on 2014-12-09. Previous Versions

Marginal note:Special case
  •  (1) The Board shall, in establishing a manner of determining royalties under paragraph 73(1)(a), ensure that there is a preferential rate for small retransmission systems.

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations defining “small retransmission systems” for the purpose of subsection (1).

  • 1997, c. 24, s. 50.
Marginal note:Effect of fixing royalties

 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.

  • 1997, c. 24, s. 50.
Marginal note:Claims by non-members
  •  (1) An owner of copyright who does not authorize a collective society to collect, for that person’s benefit, royalties referred to in paragraph 31(2)(d) is, if the work is communicated to the public by telecommunication during a period when an approved tariff that is applicable to that kind of work is effective, entitled to be paid those royalties by the collective society that is designated by the Board, of its own motion or on application, subject to the same conditions as those to which a person who has so authorized that collective society is subject.

  • Marginal note:Royalties that may be recovered

    (2) An owner of copyright who does not authorize a collective society to collect, for that person’s benefit, royalties referred to in subsection 29.7(2) or (3) is, if such royalties are payable during a period when an approved tariff that is applicable to that kind of work or other subject-matter is effective, entitled to be paid those royalties by the collective society that is designated by the Board, of its own motion or on application, subject to the same conditions as those to which a person who has so authorized that collective society is subject.

  • Marginal note:Exclusion of remedies

    (3) The entitlement referred to in subsections (1) and (2) is the only remedy of the owner of the copyright for the payment of royalties for the communication, making of the copy or sound recording or performance in public, as the case may be.

  • Marginal note:Regulations

    (4) The Board may, for the purposes of this section,

    • (a) require a collective society to file with the Board information relating to payments of royalties collected by it to the persons who have authorized it to collect those royalties; and

    • (b) by regulation, establish periods of not less than twelve months within which the entitlements referred to in subsections (1) and (2) must be exercised, in the case of royalties referred to in

      • (i) and (ii) [Repealed, 2012, c. 20, s. 56]

      • (iii) subsection 29.7(2), beginning on the making of the copy,

      • (iv) subsection 29.7(3), beginning on the performance in public, or

      • (v) paragraph 31(2)(d), beginning on the communication to the public by telecommunication.

  • 1997, c. 24, s. 50;
  • 2012, c. 20, s. 56.