GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Copyright Act — C-42 72
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. 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. Community systems (3) For community systems, broadcasters shall pay royalties of $100 in respect of each year. 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). Definition of advertising revenues (5) The Board may, by regulation, define “advertising revenues” for the purposes of subsection (2). 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. 1997, c. 24, s. 50; 1999, c. 31, s. 61; 2002, c. 26, s. 3 2018, c. 27, s. 296
Copyright Act — C-42 72.1
Radio performances in places other than theatres 72.1 (1) In respect of public performances by means of any radio receiving set in any place other than a theatre that is ordinarily and regularly used for entertainments to which an admission charge is made, no royalties shall be collectable from the owner or user of the radio receiving set, but the Board shall, in so far as possible, provide for the collection in advance from radio broadcasting stations of royalties appropiate to the conditions produced by the provisions of this subsection and shall fix the amount of the same. Expenses to be taken into account (2) In fixing royalties under subsection (1), the Board shall take into account all expenses of collection and other outlays, if any, saved or savable by, for or on behalf of the owner of the copyright or performing right concerned or their agents, in consequence of that subsection. 2018, c. 27, s. 296
Copyright Act — C-42 73
Effect of fixing royalties 73 Without prejudice to any other remedies available to it, the collective society concerned may collect the royalties specified in an approved tariff or fixed by the Board under subsection 71 (2) for the applicable period and, in default of their payment, recover them in a court of competent jurisdiction. 1997, c. 24, s. 50; 1999, c. 31, s. 62; 2002, c. 26, s. 4 2018, c. 27, s. 296
Copyright Act — C-42 73.1
Order — compliance with terms and conditions 73.1 Without prejudice to any other remedies available to it, the collective society concerned may apply to a court of competent jurisdiction for an order directing a person to comply with any terms and conditions that are set out in an approved tariff or that are fixed by the Board under subsection 71 (2). 2018, c. 27, s. 296
Copyright Act — C-42 73.2
Continuation of rights 73.2 If a proposed tariff’s effective period begins before the proposed tariff is approved, and 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, (a) any person authorized under the previous tariff to do an act that is referred to in section 3, 15, 18 or 21 and that is covered by the proposed tariff may do so; and (b) the collective society may collect the royalties in accordance with the previous tariff. 2018, c. 27, s. 296
Copyright Act — C-42 73.3
Proceedings barred — tariff 73.3 No proceedings may be brought against a person for the infringement of a right with respect to an act referred to in section 3, 15, 18 or 21 if (a) the person has paid or offered to pay the royalties set out in an approved tariff that apply with respect to that act; (b) in the case where section 73.2 applies with respect to that act, the person has paid or offered to pay the royalties referred to in paragraph 73.2 (b); or (c) in the case where no tariff has been approved with respect to that act and section 73.2 does not apply with respect to it, the person has offered to pay the royalties that are included in a proposed tariff and that will apply to that act once the tariff is approved. 2018, c. 27, s. 296
Copyright Act — C-42 73.4
Approval of request made under section 69 73.4 If the Board approves an application made under section 69 , no proceedings may be brought against a person for the infringement of a right with respect to an act referred to in section 3, 15, 18 or 21 if (a) the proposed tariff, if approved, will not apply to the act as a result of the Board’s approval of the application; and (b) the act occurs during the effective period set out in the proposed tariff and before the first anniversary of the day on which the collective society made its application under section 69 or, if a day has been established by regulations made under subsection 66.91(2), before that day. 2018, c. 27, s. 296
Copyright Act — C-42 73.5
Effect of fixing of royalties 73.5 (1) If any royalties or related terms and conditions are fixed under subsection 71 (2) in respect of a person, the person may, during the applicable period and on paying or offering to pay the applicable royalties, do the act referred to in section 3, 15, 18 or 21 with respect to which the royalties or related terms and conditions are fixed, subject to those related terms and conditions and to the terms and conditions established by the collective society and the person. Authority during application (2) If an application is made under subsection 71 (1), a person in respect of whom royalties or terms and conditions may be fixed may, until the Board’s final decision on the application, do an act referred to in section 3, 15, 18 or 21 to which the application applies if the person has offered to pay the applicable royalties in accordance with any applicable related terms and conditions. 2018, c. 27, s. 296
Copyright Act — C-42 74
No application 74 An approved tariff and any royalty rates and related terms and conditions fixed by the Board under subsection 71 (2), as well as sections 73.2 to 73.5 , do not apply to a person in respect of the matters covered by an agreement referred to in subsection 67 (3) that applies to the person. 1997, c. 24, s. 50 2018, c. 27, s. 296
Copyright Act — C-42 75
Claims by non-members 75 (1) An owner of copyright who does not authorize a collective society to collect, for that person’s benefit, royalties referred to in paragraph 31(2)(d) is, if the work is communicated to the public by telecommunication during a period when an approved tariff that is applicable to that kind of work is effective, entitled to be paid those royalties by the collective society that is designated by the Board, of its own motion or on application, subject to the same conditions as those to which a person who has so authorized that collective society is subject. Payment to non-members (2) An owner of copyright who does not authorize a collective society to collect, for that person’s benefit, royalties referred to in subsection 29.7(2) or (3) is, if such royalties are payable during a period when an approved tariff that is applicable to that kind of work or other subject matter is effective, entitled to be paid those royalties by the collective society that is designated by the Board, of its own motion or on application, subject to the same conditions as those to which a person who has so authorized that collective society is subject. Exclusion of other remedies (3) The entitlement referred to in subsections (1) and (2) is the only remedy of the owner of the copyright for the payment of royalties for the communication, making of the copy or sound recording or performance in public, as the case may be. Measures (4) The Board may, for the purposes of this section, (a) require a collective society to file with the Board information relating to payments of royalties collected by it to the persons who have authorized it to collect those royalties; and (b) by regulation, establish periods of not less than 12 months within which the entitlements referred to in subsections (1) and (2) must be exercised, beginning on (i) the making of the copy, in the case of royalties referred to in subsection 29.7(2), (ii) the performance in public, in the case of royalties referred to in subsection 29.7(3), or (iii) the communication to the public by telecommunication, in the case of royalties referred to in paragraph 31(2)(d). 1997, c. 24, s. 50 2018, c. 27, s. 296
Copyright Act — C-42 76
Definition of Commissioner 76 (1) For the purposes of this section and section 76.1 , Commissioner means the Commissioner of Competition appointed under the Competition Act . Filing agreement with the Board (2) If a collective society enters into an agreement under subsection 67 (3) with a user, either party may file a copy of the agreement with the Board within 15 days after it is entered into. Non-application of section 45 of Competition Act (3) Section 45 of the Competition Act does not apply in respect of any royalties or related terms and conditions arising under an agreement filed in accordance with subsection (2). Access by Commissioner (4) The Commissioner may have access to the copy of an agreement filed in accordance with subsection (2). Request for examination (5) If the Commissioner considers that an agreement filed in accordance with subsection (2) is contrary to the public interest, he or she may, after advising the parties, request that the Board examine it. 1997, c. 24, s. 50; 2012, c. 20, s. 56 2018, c. 27, s. 296
Copyright Act — C-42 76.1
Examination and fixing of royalty 76.1 (1) The Board shall consider a request by the Commissioner to examine an agreement and may, after giving the Commissioner and the parties to the agreement an opportunity to present their arguments, alter the royalties and any related terms and conditions arising under the agreement or fix new related terms and conditions. Copy of decision and reasons (2) The Board shall send a copy of the decision and the reasons for it to the parties and to the Commissioner. 2018, c. 27, s. 296
Copyright Act — C-42 77
Circumstances in which licence may be issued by Board 77 (1) Where, on application to the Board by a person who wishes to obtain a licence to use (a) a published work, (b) a fixation of a performer’s performance, (c) a published sound recording, or (d) a fixation of a communication signal in which copyright subsists, the Board is satisfied that the applicant has made reasonable efforts to locate the owner of the copyright and that the owner cannot be located, the Board may issue to the applicant a licence to do an act mentioned in section 3, 15, 18 or 21, as the case may be. Conditions of licence (2) A licence issued under subsection (1) is non-exclusive and is subject to such terms and conditions as the Board may establish. Payment to owner (3) The owner of a copyright may, not later than five years after the expiration of a licence issued pursuant to subsection (1) in respect of the copyright, collect the royalties fixed in the licence or, in default of their payment, commence an action to recover them in a court of competent jurisdiction. Regulations (4) The Copyright Board may make regulations governing the issuance of licences under subsection (1). 1997, c. 24, s. 50
Copyright Act — C-42 78
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). 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. 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). 1997, c. 24, s. 50; 2012, c. 20, s. 57
Copyright Act — C-42 79
Definitions 79 In this Part, 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 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 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 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 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 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 means prescribed by regulations made under this Part. ( Version anglaise seulement ) 1997, c. 24, s. 50; 2001, c. 27, s. 240
Copyright Act — C-42
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 )
Copyright Act — C-42 (a)
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 )
Copyright Act — C-42
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 )
Copyright Act — C-42
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 )
Copyright Act — C-42 (a)
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 )
Copyright Act — C-42 (a)
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 )
Copyright Act — C-42
prescribed means prescribed by regulations made under this Part. ( Version anglaise seulement )
Copyright Act — C-42 80
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. 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. 1997, c. 24, s. 50
Copyright Act — C-42 81
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. 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. 1997, c. 24, s. 50
Copyright Act — C-42 82
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. 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. 1997, c. 24, s. 50
Copyright Act — C-42 83
 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. 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. 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. 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. 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. 1997, c. 24, s. 50 2018, c. 27, s. 297
Copyright Act — C-42 84
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. 1997, c. 24, s. 50