Compensation for Acts Done Before Recognition of Copyright or Moral Rights

Marginal note:Board may determine compensation

• 78 (1) Subject to subsection (2), for the purposes of subsections 32.4(2), 32.5(2), 33(2), 33.1(2) and 33.2(2), the Board may, on application by any of the parties referred to in one of those provisions, determine the amount of the compensation referred to in that provision that the Board considers reasonable, having regard to all the circumstances, including any judgment of a court in an action between the parties for the enforcement of a right mentioned in subsection 32.4(3) or 32.5(3).

• Marginal note:Limitation

  (2) The Board shall not

  • (a) proceed with an application under subsection (1) where a notice is filed with the Board that an agreement regarding the matters in issue has been reached; or

  • (b) where a court action between the parties for enforcement of a right referred to in subsection 32.4(3) or 32.5(3), as the case may be, has been commenced, continue with an application under subsection (1) until the court action is finally concluded.

• Marginal note:Interim orders

  (3) Where the Board proceeds with an application under subsection (1), it may, for the purpose of avoiding serious prejudice to any party, make an interim order requiring a party to refrain from doing any act described in the order until the determination of compensation is made under subsection (1).

PART VIIIPrivate Copying

Interpretation

Marginal note:Definitions

79 In this Part,

audio recording medium

audio recording medium means a recording medium, regardless of its material form, onto which a sound recording may be reproduced and that is of a kind ordinarily used by individual consumers for that purpose, excluding any prescribed kind of recording medium; (support audio)

blank audio recording medium

blank audio recording medium means

• (a) an audio recording medium onto which no sounds have ever been fixed, and

• (b) any other prescribed audio recording medium; (support audio vierge)

collecting body

collecting body means the collective society, or other society, association or corporation, that is designated as the collecting body under subsection 83(8); (organisme de perception)

eligible author

eligible author means an author of a musical work, whether created before or after the coming into force of this Part, that is embodied in a sound recording, whether made before or after the coming into force of this Part, if copyright subsists in Canada in that musical work; (auteur admissible)

eligible maker

eligible maker means a maker of a sound recording that embodies a musical work, whether the first fixation of the sound recording occurred before or after the coming into force of this Part, if

• (a) both the following two conditions are met:

  • (i) the maker, at the date of that first fixation, if a corporation, had its headquarters in Canada or, if a natural person, was a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and

  • (ii) copyright subsists in Canada in the sound recording, or

• (b) the maker, at the date of that first fixation, if a corporation, had its headquarters in a country referred to in a statement published under section 85 or, if a natural person, was a citizen, subject or permanent resident of such a country; (producteur admissible)

eligible performer

eligible performer means the performer of a performer’s performance of a musical work, whether it took place before or after the coming into force of this Part, if the performer’s performance is embodied in a sound recording and

• (a) both the following two conditions are met:

  • (i) the performer was, at the date of the first fixation of the sound recording, a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and

  • (ii) copyright subsists in Canada in the performer’s performance, or

• (b) the performer was, at the date of the first fixation of the sound recording, a citizen, subject or permanent resident of a country referred to in a statement published under section 85; (artiste-interprète admissible)

prescribed

prescribed means prescribed by regulations made under this Part. (Version anglaise seulement)

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.