Copyright Act (R.S.C., 1985, c. C-42)

Copying for Private Use

Marginal note:Where no infringement of copyright

• 80 (1) Subject to subsection (2), the act of reproducing all or any substantial part of

  • (a) a musical work embodied in a sound recording,

  • (b) a performer’s performance of a musical work embodied in a sound recording, or

  • (c) a sound recording in which a musical work, or a performer’s performance of a musical work, is embodied

  onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer’s performance or the sound recording.

• Marginal note:Limitation

  (2) Subsection (1) does not apply if the act described in that subsection is done for the purpose of doing any of the following in relation to any of the things referred to in paragraphs (1)(a) to (c):

  • (a) selling or renting out, or by way of trade exposing or offering for sale or rental;

  • (b) distributing, whether or not for the purpose of trade;

  • (c) communicating to the public by telecommunication; or

  • (d) performing, or causing to be performed, in public.

Right of Remuneration

Marginal note:Right of remuneration

• 81 (1) Subject to and in accordance with this Part, eligible authors, eligible performers and eligible makers have a right to receive remuneration from manufacturers and importers of blank audio recording media in respect of the reproduction for private use of

  • (a) a musical work embodied in a sound recording;

  • (b) a performer’s performance of a musical work embodied in a sound recording; or

  • (c) a sound recording in which a musical work, or a performer’s performance of a musical work, is embodied.

• Marginal note:Assignment of rights

  (2) Subsections 13(4) to (7) apply, with such modifications as the circumstances require, in respect of the rights conferred by subsection (1) on eligible authors, performers and makers.

Levy on Blank Audio Recording Media

Marginal note:Liability to pay levy

• 82 (1) Every person who, for the purpose of trade, manufactures a blank audio recording medium in Canada or imports a blank audio recording medium into Canada

  • (a) is liable, subject to subsection (2) and section 86, to pay a levy to the collecting body on selling or otherwise disposing of those blank audio recording media in Canada; and

  • (b) shall, in accordance with subsection 83(8), keep statements of account of the activities referred to in paragraph (a), as well as of exports of those blank audio recording media, and shall furnish those statements to the collecting body.

• Marginal note:No levy for exports

  (2) No levy is payable where it is a term of the sale or other disposition of the blank audio recording medium that the medium is to be exported from Canada, and it is exported from Canada.

Marginal note:Filing of proposed tariffs

• 83 (1) Subject to subsection (14), each collective society may file with the Board a proposed tariff for the benefit of those eligible authors, eligible performers and eligible makers who, by assignment, grant of licence, appointment of the society as their agent or otherwise, authorize it to act on their behalf for that purpose, but no person other than a collective society may file any such tariff.

• Marginal note:Filing of proposed tariff

  (2) A proposed tariff must be filed no later than October 15 of the second calendar year before the calendar year in which the proposed tariff is to take effect or, if a day is established under regulations made under subsection 66.91(2), no later than that day.

• Marginal note:Form and content

  (3) A proposed tariff must be filed in both official languages and include

  • (a) the proposed levy rates and any related terms and conditions; and

  • (b) the effective period of the proposed tariff.

  It may also include a suggestion as to whom the Board should designate under paragraph (8)(b).

• Marginal note:Minimum effective period

  (4) A proposed tariff’s effective period must be at least three calendar years or, if a minimum period is established under regulations made under subsection 66.91(2), at least that minimum period.

• Marginal note:Publication

  (5) The Board, in the manner that it sees fit, shall publish the proposed tariff and a notice that any person or entity who files an objection must do so no later than the 30th day after the day on which the Board made the proposed tariff public or, if a day is established under regulations made under subsection 66.91(2), no later than that day.

• Marginal note:Copy of objection

  (6) The Board shall provide a copy of the filed objection to each collective society concerned.

• Marginal note:Reply

  (7) Each collective society concerned may file a reply to an objection with the Board.

• Marginal note:Copy to objector

  (7.1) The Board shall provide a copy of the filed reply to the person or entity that filed the objection.

• Marginal note:Approval

  (8) The Board shall, within the period that is established under regulations made under subsection 66.91(2),

  • (a) approve a proposed tariff, after making any alterations to the levy rates and the related terms and conditions, or fixing any new related terms and conditions, that the Board considers appropriate; and

  • (b) subject to subsection (8.2), designate as the collecting body the collective society or other society, association or corporation that, in the Board’s opinion, will best fulfil the objects of sections 82, 84 and 86.

• Marginal note:Terms and conditions

  (8.1) The related terms and conditions may include terms and conditions such as the form, content and frequency of the statements of account referred to in subsection 82(1), measures for the protection of confidential information contained in those statements, and the times at which the levies are payable.

• Marginal note:Designation

  (8.2) The Board is not obligated to designate a collecting body under paragraph (8)(b) if it has previously done so, and a designation under that paragraph remains in effect until the Board, under a proposed tariff or on a separate application, makes another designation.

• Marginal note:Publication of approved tariffs

  (9) 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 collecting body;

  • (b) each collective society that filed a proposed tariff;

  • (c) every person or entity that filed an objection under subsection (5); and

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

• Marginal note:Continuation of rights

  (10) If a proposed tariff’s effective period begins before the proposed tariff is approved and that effective period begins immediately after the expiry of the previous tariff, then — from the start of the effective period of the proposed tariff until the earlier of its approval and the end of its effective period — the collecting body may collect the levies in accordance with the previous tariff.

• Marginal note:Authors, etc., not represented by collective society

  (11) An eligible author, eligible performer or eligible maker who does not authorize a collective society to file a proposed tariff under subsection (1) is entitled, in relation to

  • (a) a musical work,

  • (b) a performer’s performance of a musical work, or

  • (c) a sound recording in which a musical work, or a performer’s performance of a musical work, is embodied,

  as the case may be, to be paid by the collective society that is designated by the Board, of the Board’s own motion or on application, the remuneration referred to in section 81 if such remuneration is payable during a period when an approved tariff that is applicable to that kind of work, performer’s performance or sound recording is effective, subject to the same conditions as those to which a person who has so authorized that collective society is subject.

• Marginal note:Exclusion of other remedies

  (12) The entitlement referred to in subsection (11) is the only remedy of the eligible author, eligible performer or eligible maker referred to in that subsection in respect of the reproducing of sound recordings for private use.

• Marginal note:Powers of Board

  (13) The Board may, for the purposes of subsections (11) and (12),

  • (a) require a collective society to file with the Board information relating to payments of moneys received by the society pursuant to section 84 to the persons who have authorized it to file a tariff under subsection (1); and

  • (b) by regulation, establish the periods, which shall not be less than twelve months, beginning when the applicable approved tariff ceases to be effective, within which the entitlement referred to in subsection (11) must be exercised.

• Marginal note:Single proposed tariff

  (14) Where all the collective societies that intend to file a proposed tariff authorize a particular person or body to file a single proposed tariff on their behalf, that person or body may do so, and in that case this section applies, with such modifications as the circumstances require, in respect of that proposed tariff.

Distribution of Levies Paid

Marginal note:Distribution by collecting body

84 As soon as practicable after receiving the levies paid to it, the collecting body shall distribute the levies to the collective societies representing eligible authors, eligible performers and eligible makers, in the proportions fixed by the Board.

Marginal note:Reciprocity

• 85 (1) Where the Minister is of the opinion that another country grants or has undertaken to grant to performers and makers of sound recordings that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

  • (a) grant the benefits conferred by this Part to performers or makers of sound recordings that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country; and

  • (b) declare that that country shall, as regards those benefits, be treated as if it were a country to which this Part extends.

• Marginal note:Reciprocity

  (2) Where the Minister is of the opinion that another country neither grants nor has undertaken to grant to performers or makers of sound recordings that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

  • (a) grant the benefits conferred by this Part to performers or makers of sound recordings that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country, as the case may be, to the extent that that country grants those benefits to performers or makers of sound recordings that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada; and

  • (b) declare that that country shall, as regards those benefits, be treated as if it were a country to which this Part extends.

• Marginal note:Application of Act

  (3) Any provision of this Act that the Minister specifies in a statement referred to in subsection (1) or (2)

  • (a) applies in respect of performers or makers of sound recordings covered by that statement, as if they were citizens of or, if corporations, had their headquarters in Canada; and

  • (b) applies in respect of a country covered by that statement, as if that country were Canada.

• Marginal note:Application of Act

  (4) Subject to any exceptions that the Minister may specify in a statement referred to in subsection (1) or (2), the other provisions of this Act also apply in the way described in subsection (3).

Exemption from Levy

Marginal note:Where no levy payable

• 86 (1) No levy is payable under this Part where the manufacturer or importer of a blank audio recording medium sells or otherwise disposes of it to a society, association or corporation that represents persons with a perceptual disability.

• Marginal note:Refunds

  (2) Where a society, association or corporation referred to in subsection (1)

  • (a) purchases a blank audio recording medium in Canada from a person other than the manufacturer or importer, and

  • (b) provides the collecting body with proof of that purchase, on or before June 30 in the calendar year following the calendar year in which the purchase was made,

  the collecting body is liable to pay forthwith to the society, association or corporation an amount equal to the amount of the levy paid in respect of the blank audio recording medium purchased.

• Marginal note:If registration system exists

  (3) If regulations made under paragraph 87(a) provide for the registration of societies, associations or corporations that represent persons with a perceptual disability, subsections (1) and (2) shall be read as referring to societies, associations or corporations that are so registered.

Regulations

Marginal note:Regulations

87 The Governor in Council may make regulations

• (a) respecting the exemptions and refunds provided for in section 86, including, without limiting the generality of the foregoing,

  • (i) regulations respecting procedures governing those exemptions and refunds,

  • (ii) regulations respecting applications for those exemptions and refunds, and

  • (iii) regulations for the registration of societies, associations or corporations that represent persons with a perceptual disability;

• (b) prescribing anything that by this Part is to be prescribed; and

• (c) generally for carrying out the purposes and provisions of this Part.

Civil Remedies

Marginal note:Right of recovery

• 88 (1) Without prejudice to any other remedies available to it, the collecting body may, for the period specified in an approved tariff, collect the levies due to it under the tariff and, in default of their payment, recover them in a court of competent jurisdiction.

• Marginal note:Failure to pay royalties

  (2) The court may order a person who fails to pay any levy due under this Part to pay an amount not exceeding five times the amount of the levy to the collecting body. The collecting body must distribute the payment in the manner set out in section 84.

• Marginal note:Order directing compliance

  (3) Where any obligation imposed by this Part is not complied with, the collecting body may, in addition to any other remedy available, apply to a court of competent jurisdiction for an order directing compliance with that obligation.

• Marginal note:Factors to consider

  (4) Before making an order under subsection (2), the court must take into account

  • (a) whether the person who failed to pay the levy acted in good faith or bad faith;

  • (b) the conduct of the parties before and during the proceedings; and

  • (c) the need to deter persons from failing to pay levies.