COPYRIGHT REGULATIONS

Programming Undertaking Regulations

Programming Undertaking Regulations
(SOR/93-436)

P.C. 1993-1684 26 August, 1993

His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, Science and Technology and the Secretary of State of Canada, pursuant to subsection 3(1.41)* of the Copyright Act, is pleased hereby to make the annexed Regulations defining programming undertaking, effective August 31, 1993.

* S.C. 1993, c. 23, s. 2

SHORT TITLE

1. These Regulations may be cited as the Programming Undertaking Regulations.

PROGRAMMING UNDERTAKING

2. For the purpose of subsection 3(1.4) of the Copyright Act, "programming undertaking" means a network, other than a network within the meaning of the Broadcasting Act, consisting of

(a) a person who transmits by telecommunication all or part of the person's programs or programming directly or indirectly to the person referred to in paragraph (b); and

(b) a person who communicates all or part of the programs or programming referred to in paragraph (a) to the public by telecommunication.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations)

Description

Current regulations pursuant to subsection 3(l.41) of the Copyright Act do not provide a definition of the term "programming undertaking", which is defined in the regulation.

The definition explains that "programming undertaking" refers to a network consisting of a programming originator and a programming distributor. The originator transmits audio and video programs directly or indirectly to the distributor who communicates such programs to the public by telecommunication.

Without a definition, participants in the communications chain would have to seek guidance from the courts. This would be a time-consuming and costly procedure.

Alternatives

There is no alternative considered since the Copyright Act requires that a definition of "programming undertaking" be included in the regulations.

Benefits and Costs

The regulation makes it clear that all participants in the communications chain share responsibility for payment of royalties for the transmission of musical and other works to the public by telecommunication.

The total amount of royalties to be paid may be affected by this regulation. Those directly affected by the definition are the programming originators and programming distributors who are jointly and severally liable to pay royalties set by the Copyright Board.

Consultation

Consultation has taken place with programming originators, programming distributors, including cable and satellite operators, and rights owners under the Copyright Act.

Early notice was not provided in the 1993 Federal Regulatory Plan.

Comments were received only from the Canadian Cable Television Association (CCTA) on the regulations prepublished in the Canada Gazette Part I on July 17, 1993. The comments requested an amendment to the regulation. The government has decided not to accept these because subsection 3(l.4) as amended by Bill C-88 would nullify CCTA's suggested amendment.

Compliance and Enforcement

Once adopted, it will be for the Copyright Board to determine the liabilities that flow from the regulations.