Copyright Act

Version of section 2.4 from 2003-03-21 to 2012-11-06:

Marginal note:Communication to the public by telecommunication
  •  (1) For the purposes of communication to the public by telecommunication,

    • (a) persons who occupy apartments, hotel rooms or dwelling units situated in the same building are part of the public, and a communication intended to be received exclusively by such persons is a communication to the public;

    • (b) a person whose only act in respect of the communication of a work or other subject-matter to the public consists of providing the means of telecommunication necessary for another person to so communicate the work or other subject-matter does not communicate that work or other subject-matter to the public; and

    • (c) where a person, as part of

      • (i) a network, within the meaning of the Broadcasting Act, whose operations result in the communication of works or other subject-matter to the public, or

      • (ii) any programming undertaking whose operations result in the communication of works or other subject-matter to the public,

      transmits by telecommunication a work or other subject-matter that is communicated to the public by another person who is not a retransmitter of a signal within the meaning of subsection 31(1), the transmission and communication of that work or other subject-matter by those persons constitute a single communication to the public for which those persons are jointly and severally liable.

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations defining “programming undertaking” for the purpose of paragraph (1)(c).

  • Marginal note:Exception

    (3) A work is not communicated in the manner described in paragraph (1)(c) or 3(1)(f) where a signal carrying the work is retransmitted to a person who is a retransmitter within the meaning of subsection 31(1).

  • 1997, c. 24, s. 2;
  • 2002, c. 26, s. 1.