Copyright Act (R.S.C., 1985, c. C-42)

Fixing of Royalties in Individual Cases

70.2 [Repealed, 2018, c. 27, s. 296]

70.3 [Repealed, 2018, c. 27, s. 296]

70.4 [Repealed, 2018, c. 27, s. 296]

Examination of Agreements

70.5 [Repealed, 2018, c. 27, s. 296]

70.6 [Repealed, 2018, c. 27, s. 296]

70.61 to 70.8 [Repealed, 1997, c. 24, s. 50]

Royalties in Particular Cases

Marginal note:Application to fix

• 71 (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.

Marginal note:Special royalty rates

• 72 (1) Subsections (2) and (3) apply despite the tariffs approved by the Board under section 70, or despite the royalty rates fixed under subsection 71(2), 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.

• Marginal note:Wireless transmission systems

  (2) For wireless transmission systems, other than community systems and public transmission systems, broadcasters shall pay

  • (a) $100 on the first $1.25 million of annual advertising revenues in respect of each year; and

  • (b) 100% of the royalties set out in the approved tariff or fixed under subsection 71(2) for that year on any portion of annual advertising revenues exceeding $1.25 million.

• Marginal note:Community systems

  (3) For community systems, broadcasters shall pay royalties of $100 in respect of each year.

• Marginal note:Effect of paying royalties

  (4) The payment of the royalties set out in subsection (2) or (3) fully discharges all liabilities of the system in question in respect of the approved tariffs or the royalties fixed under subsection 71(2).

• Marginal note:Definition of advertising revenues

  (5) The Board may, by regulation, define “advertising revenues” for the purposes of subsection (2).

• Marginal note:Regulations

  (6) The Governor in Council may make regulations defining “community system”, “public transmission system” and “wireless transmission system” for the purposes of this section.