Educational Program, Work and Other Subject-matter Record-keeping Regulations

SOR/2001-296

COPYRIGHT ACT

Registration 2001-08-01

Educational Program, Work and Other Subject-matter Record-keeping Regulations

P.C. 2001-1404  2001-08-01

The Copyright Board, pursuant to subsection 29.9(2)Footnote a of the Copyright Act, hereby makes the annexed Educational Program, Work and Other Subject-matter Record-keeping Regulations.

Ottawa, July 18, 2001

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsection 29.9(2)Footnote a of the Copyright Act, hereby approves the making by the Copyright Board of the annexed Educational Program, Work and Other Subject-matter Record-keeping Regulations.

INTERPRETATION

 The definitions in this section apply in these Regulations.

“Act”

“Act” means the Copyright Act. (Loi)

“collective society”

“collective society” means a collective society that carries on the business of collecting the royalties referred to in subsection 29.6(2) or 29.7(2) or (3) of the Act under a tariff that has been certified as an approved tariff pursuant to paragraph 73(1)(d) of the Act. (société de gestion)

“copy identifier”

“copy identifier” means the number or other reference code assigned to the copy of a program, work or subject-matter in accordance with section 3. (code d’identification de l’exemplaire)

“educational institution identifier”

“educational institution identifier” means the number or other reference code assigned to an educational institution in accordance with section 4. (code d’identification de l’établissement d’enseignement)

“institution”

“institution” means an educational institution or a person acting under its authority. (établissement)

APPLICATION

 These Regulations apply in respect of

  • (a) copies of news programs and news commentary programs that are made pursuant to paragraph 29.6(1)(a) of the Act; and

  • (b) copies of works and other subject-matter that are made pursuant to paragraph 29.7(1)(a) of the Act.

GENERAL PROVISIONS

 An institution shall assign a number or other reference code to every copy of a program, work or subject-matter that it makes.

 A collective society may assign a number or other reference code to an educational institution.

MARKING OF COPY

 An institution that makes a copy of a program, work or subject-matter shall mark on the copy, or on its container, the copy identifier and, if applicable, the educational institution identifier.

RECORDING OF INFORMATION

  •  (1) Subject to subsection (2), an institution that makes a copy of a program, work or subject-matter shall complete, in a legible manner, an information record in the form set out in the schedule regarding

    • (a) the copying of the program, work or subject-matter;

    • (b) all performances in public of the copy for which royalties are payable under subsection 29.6(2) or 29.7(2) or (3) of the Act; and

    • (c) the destruction of the copy.

  • (2) Subsection (1) does not apply to the copy of a program made pursuant to paragraph 29.6(1)(a) of the Act if the copy is destroyed, in a manner that complies with section 7, within 72 hours after the making of the copy.