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Copyright
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COPYRIGHT REGULATIONS
| 18. |
Regulations
Amending the Regulations Establishing the Period for Royalty
Entitlements of Non-members of Collecting Bodies
(Miscellaneous Program)
SOR/2004-152 June 9, 2004
Section 76 of the Copyright Act provides that a
copyright owner who does not authorize a collective society
to act on the owner's behalf [a so-called "orphan"] can seek
payment for the use of the work from the society that is
designated by the Copyright Board for that purpose.
Subparagraph 76(4)(b)(v) also provides that the Board
can establish, by regulation, the periods within which this
entitlement must be exercised. The Board made such
regulations on March 19, 1997 (see Regulations
No. 8 below). Amendments to the Act made in 1997
and 2003 renumbered the provisions dealing with
retransmission and the March 19, 1997 regulations contained a
reference to this section. Also, amendments made in 1997,
which broadened the scope of sections 71 to 76 of the
Act also made it necessary to be more specific about
the ambit of the March 19, 1997 regulations by indicating
that they only target retransmission and not other acts that
are now subject to sections 71 to 76. Finally, the March 19,
1997 regulations contained a provision dealing with any
retransmission made before January 1, 1997; that provision is
now obsolete. It was therefore necessary to amend the
March 19, 1997 regulations so as to reflect those changes.
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| 17. |
Educational
Program, Work and Other Subject-matter Record-keeping
Regulations
SOR/2001-296 July 18, 2001
Since January 1, 1999, educational institutions and persons
acting under their authority can, without the copyright
owner's authorization, copy programs and other subject-matter
when they are communicated to the public and perform those
copies before an audience consisting primarily of students.
In order to avail themselves of this exception, institutions
must, among other things, keep records concerning the making,
destruction, performance and marking of copies and share this
information with collective societies. These Regulations,
made pursuant to subsection 29.9(2) of the Copyright
Act, set out these reporting requirements. |
| 16. |
Regulations
Prescribing Networks (Copyright Act)
SOR/99-348 August 26, 1999
The Regulations aim at circumscribing the exception provided
for in the Act to amend the Copyright Act (Bill C-32)
allowing radio and television broadcasters to make temporary
copies of performances of copyrighted works to facilitate
programming and broadcasting operations. |
| 15. |
Exception for
Educational Institutions, Libraries, Archives and Museums
Regulations
SOR/99-325 July 28, 1999
The Regulations aim at circumscribing the exceptions provided
for in the Act to amend the Copyright Act (Bill C-32)
allowing non-profit libraries, archives and museums,
including libraries in educational institutions, to make
copies of copyrighted works on behalf of patrons who want
them for the purposes of research, private study, criticism
or review and in other special cases. |
| 14. |
Book Importation
Regulations
SOR/99-324 July 28, 1999
The Act to amend the Copyright Act (Bill C-32)
contains provisions which greatly increased the ability of
exclusive distributors in Canada to protect their exclusive
distribution rights in the Canadian market against the
parallel importation of printed books. Parallel importation
refers to books which were legitimately produced in their
country of origin but which have been imported into Canada
without the consent of the rights owner in Canada. The
regulations set out standards which exclusive distributors
are required to adhere to in order to benefit from the
additional protection they have under the regime. They also
specify the categories of books that are partially or wholly
excluded from the parallel importation provisions. |
| 13. |
Cinematographic
Works (Right to Remuneration) Regulations
SOR/99-194 April 22, 1999
Bill C-32, An Act to amend the Copyright Act, provides
for new rights for performers. Among these is a right to
remuneration in respect of cinematographic works embodying
their performances. These Regulations prescribe the types of
cinematographic works in which this right to remuneration is
available. The right to remuneration is available only if the
contract governing the embodiment of the performer's
performance has been concluded on or after the date on which
these Regulations came into force. |
| 12. |
Limitation of the
Right to Equitable Remuneration of Certain Rome Convention
Countries Statement
SOR/99-143 March 19, 1999
Some Rome Convention countries do not extend to Canadian
citizens and residents the same right to remuneration as the
Canadian Copyright Act grants in its section 19. This
statement limits accordingly the protection afforded in
Canada to nationals of these countries. |
| 11. |
Regulations Defining
"Advertising Revenues"
SOR/98-447 August 31, 1998
Subsection 68.1(1)(a)(i) of the Copyright Act,
as modified by Bill C-32, sets at $100 the amount of
royalties to be paid for the neighbouring rights that
wireless transmission systems shall pay on their first 1.25
million dollars of annual advertising revenues. This
Regulations prescribes the meaning of the term "advertising
revenues" thus defining the rate base that will be used to
determine which part of a wireless transmission system's
revenues benefits from the $100 special royalty rate. |
| 10. |
Definition of
"Wireless Transmission System" Regulations
SOR/98-307 May 28, 1998
The revisions to the Copyright Act brought about by
the adoption of Bill C-32 provide that the Copyright Board is
now responsible for approving tariffs for the commonly
referred to as "neighbouring rights" (the rights of
performers and makers of sound recordings). This Regulations
prescribe the meaning of the term "wireless transmission
system", thus defining who will be the beneficiaries of the
special and transitional royalty rate included in the
Copyright Act pertaining to the royalties to be paid
for these new rights. |
| 9. |
Copyright
Regulations
SOR/97-457 October 1, 1997
Copyright Rules have been repealed and replaced with
this new Regulations. The changes were necessary in order to
meet Canada's harmonization obligations under the North
American Free Trade Agreement (NAFTA) and the World Trade
Organization (WTO) Agreement, to allow an increase in the
copyright fees payable for services to accurately reflect the
cost to the government of administering the copyright
registration system, and to modernize the copyright
registration process administered by the Copyright
Office. |
| 8. |
Regulations
Establishing the Period for Royalty Entitlements of
Non-members of Collecting Bodies
SOR/97-164 March 19, 1997
(Modified by SOR/2004-152, see Regulations No.
18)
Subsection 76(1) [formerly section 70.66] of the Copyright
Act provides among other things that a retransmission
rights owner who does not authorize a collecting body to act
on the owner's behalf [a so-called "orphan" owner] can seek
payment for the use of the work from the collecting body that
is designated by the Board for that purpose.
Paragraph 76(3)(b)(v) provides that the Board may, by
regulation, establish a period of not less than twelve months
from the date of the retranmission within which this
entitlement must be exercised. These Regulations establish
that period at two years after the end of the calendar year
in which the retransmission occurred, where the
retransmission occurred on January 1, 1997 or after. |
| 7. |
Reproduction of
Federal Law Order
SI/97-5 December 9, 1996
Federal statutes and regulations and the decisions of courts
and tribunals can be copied without the usual restrictions on
Crown copyrighted materials. There is no requirement to seek
permission and there are no fees. This measure applies only
to federal Crown copyrighted material and has no effect on
privately copyrighted material that is added to or packaged
with primary federal legal information. |
| 6. |
Definition of "Small
Cable Transmission System" Regulations
SOR/94-755 December 6, 1994
Sections 67.1 and 68 [formerly 67, 67.1 and 67.2] of the
Copyright Act give the Copyright Board the power to
set fees for the telecommunication to the public of musical
works. Subsection 68.1(4) [formerly 67.2(1.1)] provides that
when certifying such a tariff, the Board must set a
preferential rate for small cable transmission systems. The
Definition of Small Cable Transmission System Regulations
define a small cable transmission system as a cable
transmission system that transmits a signal, with or without
a fee, to not more than 2,000 premises in the same licensed
area. There are some exceptions to this definition. |
| 5. |
Amendment to Definition of Small
Retransmission Systems Regulations
SOR/94-754 May 6, 1994
Subsections 71(1) to 76(4) [formerly sections 70.61 to 70.67]
of the Copyright Act give the Copyright Board the
power to set fees for the retransmission of distant broadcast
(i.e. available over-the-air) radio and television signals.
Subsection 74(1) [formerly 70.64(1)] provides that when
certifying such a tariff, the Board must set a preferential
rate for small retransmission systems. The Definition of
Small Retransmission System Regulations define a small
retransmission system as a cable retransmission system, or a
terrestrial retransmission system that retransmits a signal,
with or without a fee, to not more than 2,000 premises in the
same licensed area. There are some exceptions to this
definition. |
| 4. |
Programming
Undertaking Regulations
SOR/93-436 August 26, 1993
Subsection 2.4(1) [formerly 3(1.4)] of the Copyright
Act provides that the persons who are part of programming
undertaking whose operations result in the communication of
works to the public by telecommunication are jointly and
severally liable for that communication. The Programming
Undertaking Regulations define a "programming undertaking" as
a network (other than a network within the meaning of the
Broadcasting Act) consisting of a person who transmits
by telecommunication programming to another person who, in
turn, communicates that programming to the public by
telecommunication. |
| 3. |
Retransmission
Royalties Criteria Regulations
SOR/91-690 November 28, 1991
The Regulations establish the criteria to which the Copyright
Board must have regard, amongst others, in setting
retransmission tariffs. |
| 2. |
Definition of Small
Retransmission Systems Regulations
SOR/89-255 May 9, 1989
(Modified by SOR/94-754, see Regulations No.
5)
The Regulations define the "Small Retransmission Systems",
for the purpose of subsection 74(1) [formerly 70.64(1)] of
the Copyright Act, as a cable retransmission system or
a terrestrial retransmission system utilizing Hertzian waves
that retransmits a signal, with or without a fee, to no more
than 1,000 premises in the same community. |
| 1. |
Local Signal and
Distant Signal Regulations
SOR/89-254 May 9, 1989
Subsection 31(2) [formerly 28.01(2)] of the Copyright
Act sets out conditions under which the retransmission of
broadcast signals (i.e. available over-the-air) does not
constitute an infringement of copyright. It also provides for
the payment of royalties for the retransmission of distant
(as opposed to local) signals. The Local Signal and Distant
Signal Regulations define the terms "local signal" and
"distant signal" for the purposes of that subsection. |
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