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Copyright Act (R.S.C., 1985, c. C-42)

Full Document:  

Act current to 2019-11-19 and last amended on 2019-06-17. Previous Versions

PART VII.1Collective Administration of Copyright (continued)

Tariffs (continued)

Withdrawal or Amendment of Proposed Tariff

Marginal note:Request to withdraw or amend

 A collective society may, before a proposed tariff filed by it has been approved by the Board, make an application to the Board requesting that

  • (a) the proposed tariff be withdrawn; or

  • (b) a reference to an act set out in the proposed tariff be excluded from the approved tariff for all of the proposed effective period or, despite subsection 68.1(2), for a portion of that period.

  • R.S., 1985, c. C-42, s. 69
  • R.S., 1985, c. 10 (4th Supp.), s. 14
  • 1993, c. 44, s. 73
  • 1997, c. 24, s. 52(F)
  • 2018, c. 27, s. 296

Marginal note:Approval by Board

  •  (1) The Board shall approve an application made under section 69 if it is satisfied that

    • (a) the collective society has provided sufficient public notice of its intention to make the application;

    • (b) every person who, in respect of the proposed effective period, has paid royalties that would not be payable if the application were approved has

      • (i) consented to the application,

      • (ii) received a refund of the royalties, or

      • (iii) entered into an agreement under subsection 67(3) that covers the act, repertoire or proposed effective period that is the subject of the application; and

    • (c) in the case of an application made under paragraph 69(b) with respect to a portion of the proposed effective period, the application is not made for the purpose of improperly circumventing the required minimum effective period.

  • Marginal note:For greater certainty

    (2) For greater certainty, the approval of an application made under section 69 does not preclude the collective society from filing, in accordance with this Act, a proposed tariff that deals in whole or in part with the act, repertoire or proposed effective period that was the subject of the application.

  • 2018, c. 27, s. 296

Approval of Tariffs

Marginal note:Approval

  •  (1) The Board shall — within the period, if any, that is established under regulations made under subsection 66.91(2) — approve the proposed tariff after making any alterations to the royalty rates and the related terms and conditions, or fixing any new related terms and conditions, that the Board considers appropriate.

  • Marginal note:Factors — performances of musical works and sound recordings

    (2) In approving a proposed tariff for the performance in public or the communication to the public by telecommunication of performer’s performances of musical works, or of sound recordings embodying such performer’s performances, the Board shall ensure that

    • (a) the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in the provisions of section 20 other than subsections 20(3) and (4);

    • (b) the tariff does not, because of linguistic and content requirements of Canada’s broadcasting policy set out in section 3 of the Broadcasting Act, place some users that are subject to that Act at a greater financial disadvantage than others; and

    • (c) the payment of royalties by users under section 19 will be made in a single payment.

  • Marginal note:Small cable transmission system

    (3) The Board shall fix a preferential royalty rate for small cable transmission systems in approving a tariff for

    • (a) the performance in public of musical works or dramatico-musical works, of performer’s performances of such works, or of sound recordings embodying such works; or

    • (b) the communication to the public by telecommunication of musical works or dramatico-musical works, other than as described in subsection 31(2), of performer’s performances of such works, or of sound recordings embodying such works.

  • Marginal note:Small retransmission systems

    (4) The Board shall fix a preferential royalty rate for small retransmission systems in approving a tariff for royalties referred to in paragraph 31(2)(d).

  • Marginal note:For greater certainty

    (5) For greater certainty, the Board may determine, in respect of any tariff that it approves, the portion of the royalties that is to be paid to each collective society.

  • Marginal note:No discrimination

    (6) For greater certainty, the Board must not discriminate between owners of copyright on the ground of their nationality or residence in approving a tariff for royalties referred to in subsection 29.7(2) or (3) or paragraph 31(2)(d).

  • Marginal note:Regulations

    (7) The Governor in Council may make regulations defining “small cable transmission system” and “small retransmission system” for the purposes of this section.

  • R.S., 1985, c. C-42, s. 70
  • R.S., 1985, c. 10 (4th Supp.), s. 15
  • 2018, c. 27, s. 296

Marginal note:Publication of approved tariff

 The Board shall publish the approved tariff in the Canada Gazette and provide a copy of it, together with the reasons for the Board’s decision, to

  • (a) the collective society that filed the proposed tariff;

  • (b) every collective society that is authorized to collect royalties under the tariff;

  • (c) every person or entity that filed an objection under section 68.3; and

  • (d) any other person or entity that, in the Board’s opinion, ought to receive the copy and reasons.

  • R.S., 1985, c. 10 (4th Supp.), s. 16
  • 1997, c. 24, s. 46
  • 2018, c. 27, s. 296

 [Repealed, 2018, c. 27, s. 296]

 [Repealed, 2018, c. 27, s. 296]

 [Repealed, 2018, c. 27, s. 296]

 [Repealed, 2018, c. 27, s. 296]

 [Repealed, 2018, c. 27, s. 296]

 [Repealed, 2018, c. 27, s. 296]

 [Repealed, 2018, c. 27, s. 296]

 [Repealed, 2018, c. 27, s. 296]

 [Repealed, 2018, c. 27, s. 296]

 [Repealed, 2018, c. 27, s. 296]

 [Repealed, 2018, c. 27, s. 296]

 [Repealed, 2018, c. 27, s. 296]

 [Repealed, 2018, c. 27, s. 296]

 [Repealed, 2018, c. 27, s. 296]

 [Repealed, 2018, c. 27, s. 296]

 [Repealed, 1997, c. 24, s. 50]

Fixing of Royalty Rates in Individual Cases

Marginal note:Application to fix

  •  (1) If a collective society and a user are unable to agree on royalties to be paid with respect to rights under section 3, 15, 18, 19 or 21, other than royalties referred to in subsection 29.7(2) or (3) or paragraph 31(2)(d), or are unable to agree on any related terms and conditions, the collective society or user may, after giving notice to the other party, apply to the Board to fix the royalty rates or any related terms and conditions, or both.

  • Marginal note:Fixing royalties, etc.

    (2) The Board may, for a period that the Board may specify, fix the royalty rates or their related terms and conditions, or both, as the case may be.

  • Marginal note:Application of subsections 70(2) and (3)

    (3) Subsections 70(2) and (3) apply, with any necessary modifications, to the fixing of royalty rates or terms and conditions, or both, by the Board under subsection (2).

  • Marginal note:For greater certainty

    (4) For greater certainty, the Board may deny an application made under subsection (1) or any part of one.

  • Marginal note:Copy of decision and reasons

    (5) The Board shall send a copy of the decision and the reasons for it to the collective society and the user.

  • Marginal note:Definition of user

    (6) In this section, user means

    • (a) a user who is not otherwise authorized to do an act referred to in section 3, 15, 18 or 21 in respect of the works, performer’s performances, sound recordings or communication signals included in a collective society’s repertoire; or

    • (b) a user who is required to pay, in respect of sound recordings included in a collective society’s repertoire, a royalty referred to in section 19 that has not otherwise been fixed or agreed on.

  • R.S., 1985, c. C-42, s. 71
  • 1997, c. 24, s. 50
  • 2012, c. 20, s. 55
  • 2018, c. 27, s. 296
 
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