Marginal note:Communication to the public by telecommunication
2.4 (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.
(2) The Governor in Council may make regulations defining “programming undertaking” for the purpose of paragraph (1)(c).
(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.
- Date modified: