COPYRIGHT REGULATIONS

Definition of "Wireless Transmission System" Regulations

Definition of "Wireless Transmission System" Regulations
(SOR/98-307)

P.C. 1998-919 28 May, 1998

His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsection 68.1(5)a of the Copyright Act, hereby makes the annexed Definition of "Wireless Transmission System" Regulations.

EXPRESSION DEFINED

1. For the purposes of section 68.1 of the Copyright Act, "wireless transmission system" means a system operated by a terrestrial radio station that transmits in analog or digital mode a signal containing performers' performances of musical works or sound recordings embodying the performers' performances, in analog or digital form, whether in the A.M. or F.M. frequency band or in any other range assigned by the Minister under section 5 of the Radiocommunication Act, without artificial guide for free reception by the public.

COMING INTO FORCE

2. These Regulations come into force on May 28, 1998.

REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)

Description

Currently, there are no regulations pursuant to subsection 68.1(5) of the Copyright Act defining "wireless transmission system".

Recent revisions to the Copyright Act provide that the Copyright Board is responsible for approving tariffs for the perform ance in public or the communication to the public by telecommunication of performers' performances of musical works or of sound recordings embodying these (commonly referred to as the "neighbouring rights tariff"). Under the revised Copyright Act, when approving these tariffs, the Copyright Board must apply a special and transitional royalty rate for a "wireless transmission system" as set out in section 68.1 of the revised Act.

By prescribing the meaning of the term "wireless transmission system", these Regulations define who will be the beneficiaries of the special and transitional royalty rate.

Alternatives

The alternative to let the Copyright Board interpret the meaning of the term "wireless transmission system" in the course of approving the relevant tariffs was considered. However, given the importance of this term in the context of neighbouring rights, the government considers it preferable to define it by regulations.

Benefits and Costs

These Regulations ensure a clear and precise interpretation of who should benefit from a special and transitional royalty rate intended to reduce the financial impact on the radio broadcasting industry of the introduction of a new tariff. There will be no associated costs to the broadcasting industry or to the recording industry due to these Regulations. A clear and precise definition of "wireless transmission system" will speed up the tariff-approval procedure at the Copyright Board, to the benefit of parties involved.

Consultation

Informal consultations were undertaken by the Departments of Industry Canada and Canadian Heritage. The following associations were provided with informal drafts of the regulations: Alberta Recording Industries Association (ARIA), Alliance of Canadian Cinema, Television & Radio Artists (ACTRA), American Federation of Musicians of the United States and Canada (AFM), Artists' Rights Coalition, Association canadienne de la radio et de la télévision de langue française (ACRTF), Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ), The Canadian Association of Broadcasters (CAB), The Canadian Association of Ethnic Radio Broadcasters (CAEB), Canadian Broadcasters Rights Agency Inc., Canadian Cable Television Association (CCTA), Canadian Independent Record Production Association (CIRPA), Canadian Music Publishers Association, Canadian Recording Industry Association (CRIA), CTV Television Network Ltd., Guilde des musiciens du Québec, Télé-Métropole Inc., Union des Artistes (UdA), Vancouver Musicians' Association, Society of Authors, Composers and Music Publishers of Canada (SOCAN). Comments were supportive.

The regulations were prepublished for a 30-day public comment period in the Canada Gazette, Part I, on February 7, 1998. One written representation was received that suggested an amendment. After careful consideration, it was decided not to amend these Regulations and to proceed with their implementation as prepublished.

Compliance and Enforcement

The Copyright Board will apply these Regulations defining "wireless transmission system" in the context of its tariff-approval procedure. Enforcement mechanisms are not required.