Copyright Act

Marginal note:Interpretation

• 31 (1) In this section,

  new media retransmitter

  new media retransmitter means a person whose retransmission would be lawful under the Broadcasting Act — as that Act read immediately before the day on which section 31.1 of that Act comes into force — only by reason of the Exemption order for digital media broadcasting undertakings, issued by the Canadian Radio-television and Telecommunications Commission as the appendix to Broadcasting Order CRTC 2012-409, as it read immediately before that day; (retransmetteur de nouveaux médias)

  retransmitter

  retransmitter means a person who performs a function comparable to that of a cable retransmission system, but does not include a new media retransmitter; (retransmetteur)

  signal

  signal means a signal that carries a literary, dramatic, musical or artistic work and is transmitted for free reception by the public by a terrestrial radio or terrestrial television station. (signal)

• Marginal note:Retransmission of local and distant signals

  (2) It is not an infringement of copyright for a retransmitter to communicate to the public by telecommunication any literary, dramatic, musical or artistic work if

  • (a) the communication is a retransmission of a local or distant signal;

  • (b) the retransmission is lawful under the Broadcasting Act;

  • (c) the signal is retransmitted simultaneously and without alteration, except as otherwise required or permitted by or under the laws of Canada;

  • (d) in the case of the retransmission of a distant signal, the retransmitter has paid any royalties, and complied with any terms and conditions, fixed under this Act; and

  • (e) the retransmitter complies with the applicable conditions, if any, referred to in paragraph (3)(b).

• Marginal note:Regulations

  (3) The Governor in Council may make regulations

  • (a) defining “local signal” and “distant signal” for the purposes of subsection (2); and

  • (b) prescribing conditions for the purposes of paragraph (2)(e), and specifying whether any such condition applies to all retransmitters or only to a class of retransmitter.