Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2017-07-03 and last amended on 2017-06-19. Previous Versions

Marginal note:Application of certain provisions

 Where a proposed tariff is filed under section 70.13, subsections 67.1(3) and (5) and subsection 68(1) apply, with such modifications as the circumstances require.

  • 1997, c. 24, s. 46.
Marginal note:Certification
  •  (1) 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 any objections to the tariffs.

  • Marginal note:Application of certain provisions

    (2) Where a tariff is approved under subsection (1), subsections 68(4) and 68.2(1) apply, with such modifications as the circumstances require.

  • 1997, c. 24, s. 46.
Marginal note:Distribution, publication of notices

 Independently of any other provision of this Act relating to the distribution or publication of information or documents by the Board, the Board shall notify persons affected by a proposed tariff, by

  • (a) distributing or publishing a notice, or

  • (b) directing another person or body to distribute or publish a notice,

in such manner and on such terms and conditions as the Board sees fit.

  • 1997, c. 24, s. 46.
Marginal note:Prohibition of enforcement

 Subject to section 70.19, no proceedings may be brought for the infringement of a right referred to in section 3, 15, 18 or 21 against a person who has paid or offered to pay the royalties specified in an approved tariff.

  • 1997, c. 24, s. 46.
Marginal note:Continuation of rights

 Subject to section 70.19, where a collective society files a proposed tariff in accordance with section 70.13,

  • (a) any person authorized by the collective society to do an act referred to in section 3, 15, 18 or 21, as the case may be, pursuant to the previous tariff may do so, even though the royalties set out therein have ceased to be in effect, and

  • (b) the collective society may collect the royalties in accordance with the previous tariff,

until the proposed tariff is approved.

  • 1997, c. 24, s. 46.
Marginal note:Where agreement exists

 If there is an agreement mentioned in paragraph 70.12(b), sections 70.17 and 70.18 do not apply in respect of the matters covered by the agreement.

  • 1997, c. 24, s. 46.
Marginal note:Agreement

 An approved tariff does not apply where there is an agreement between a collective society and a person authorized to do an act mentioned in section 3, 15, 18 or 21, as the case may be, if the agreement is in effect during the period covered by the approved tariff.

  • 1997, c. 24, s. 46.

Fixing of Royalties in Individual Cases

Marginal note:Application to fix amount of royalty, etc.
  •  (1) Where a collective society and any person not otherwise authorized to do an act mentioned in section 3, 15, 18 or 21, as the case may be, in respect of the works, sound recordings or communication signals included in the collective society’s repertoire are unable to agree on the royalties to be paid for the right to do the act or on their related terms and conditions, either of them or a representative of either may, after giving notice to the other, apply to the Board to fix the royalties and their related terms and conditions.

  • Marginal note:Fixing royalties, etc.

    (2) The Board may fix the royalties and their related terms and conditions in respect of a licence during such period of not less than one year as the Board may specify and, as soon as practicable after rendering its decision, the Board shall send a copy thereof, together with the reasons therefor, to the collective society and the person concerned or that person’s representative.

  • R.S., 1985, c. 10 (4th Supp.), s. 16;
  • 1997, c. 24, s. 46.
Marginal note:Agreement
  •  (1) The Board shall not proceed with an application under section 70.2 where a notice is filed with the Board that an agreement touching the matters in issue has been reached.

  • Marginal note:Idem

    (2) An agreement referred to in subsection (1) is effective during the year following the expiration of the previous agreement, if any, or of the last period specified under subsection 70.2(2).

  • R.S., 1985, c. 10 (4th Supp.), s. 16.
Marginal note:Effect of Board decision

 Where any royalties are fixed for a period pursuant to subsection 70.2(2), the person concerned may, during the period, subject to the related terms and conditions fixed by the Board and to the terms and conditions set out in the scheme and on paying or offering to pay the royalties, do the act with respect to which the royalties and their related terms and conditions are fixed and the collective society may, without prejudice to any other remedies available to it, collect the royalties or, in default of their payment, recover them in a court of competent jurisdiction.

  • R.S., 1985, c. 10 (4th Supp.), s. 16;
  • 1997, c. 24, s. 47.

Examination of Agreements

Definition of Commissioner

  •  (1) For the purposes of this section and section 70.6, Commissioner means the Commissioner of Competition appointed under the Competition Act.

  • Marginal note:Filing agreement with the Board

    (2) Where a collective society concludes an agreement to grant a licence authorizing a person to do an act mentioned in section 3, 15, 18 or 21, as the case may be, the collective society or the person may file a copy of the agreement with the Board within fifteen days after it is concluded.

  • Marginal note:Idem

    (3) Section 45 of the Competition Act does not apply in respect of any royalties or related terms and conditions arising under an agreement filed in accordance with subsection (2).

  • Marginal note:Access by Commissioner

    (4) The Commissioner may have access to the copy of an agreement filed in accordance with subsection (2).

  • Marginal note:Request for examination

    (5) Where the Commissioner considers that an agreement filed in accordance with subsection (2) is contrary to the public interest, the Commissioner may, after advising the parties concerned, request the Board to examine the agreement.

  • R.S., 1985, c. 10 (4th Supp.), s. 16;
  • 1997, c. 24, s. 48;
  • 1999, c. 2, ss. 45, 46.
Marginal note:Examination and fixing of royalty
  •  (1) The Board shall, as soon as practicable, consider a request by the Commissioner to examine an agreement and the Board may, after giving the Commissioner and the parties concerned an opportunity to present their arguments, alter the royalties and any related terms and conditions arising under the agreement, in which case section 70.4 applies with such modifications as the circumstances require.

  • Marginal note:Idem

    (2) As soon as practicable after rendering its decision, the Board shall send a copy thereof, together with the reasons therefor, to the parties concerned and to the Commissioner.

  • R.S., 1985, c. 10 (4th Supp.), s. 16;
  • 1997, c. 24, s. 49(F);
  • 1999, c. 2, s. 46.

 [Repealed, 1997, c. 24, s. 50]

Royalties in Particular Cases

Marginal note:Filing of proposed tariffs
  •  (1) Each collective society that carries on the business of collecting royalties referred to in subsection 29.7(2) or (3) or paragraph 31(2)(d) shall file with the Board a proposed tariff, but no other person may file such a tariff.

  • Marginal note:Times for filing

    (2) A proposed tariff must be

    • (a) in both official languages; and

    • (b) filed on or before the March 31 immediately before the date that the approved tariff ceases to be effective.

  • Marginal note:Where no previous tariff

    (3) A collective society in respect of which no proposed tariff has been certified pursuant to paragraph 73(1)(d) shall file its proposed tariff on or before the March 31 immediately before its proposed effective date.

  • Marginal note:Effective period of tariffs

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

  • R.S., 1985, c. C-42, s. 71;
  • 1997, c. 24, s. 50;
  • 2012, c. 20, s. 55.
Marginal note:Publication of proposed tariffs
  •  (1) As soon as practicable after the receipt of a proposed tariff filed pursuant to section 71, the Board shall publish it in the Canada Gazette and shall give notice that, within sixty days after the publication of the tariff, educational institutions or prospective retransmitters within the meaning of subsection 31(1), or their representatives, may file written objections to the tariff with the Board.

  • Marginal note:Board to consider proposed tariffs and objections

    (2) The Board shall, as soon as practicable, consider a proposed tariff and any objections thereto referred to in subsection (1) 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.

  • 1997, c. 24, s. 50;
  • 1999, c. 31, s. 61;
  • 2002, c. 26, s. 3.
 
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