Copyright Act

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.

• Marginal note:Communication to the public by telecommunication

  (1.1) For the purposes of this Act, communication of a work or other subject-matter to the public by telecommunication includes making it available to the public by telecommunication in a way that allows a member of the public to have access to it from a place and at a time individually chosen by that member of the public.

• Marginal note:Regulations

  (2) The Governor in Council may make regulations defining “programming undertaking” for the purpose of paragraph (1)(c).

• Marginal note:Exception

  (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).