PART VIIIPRIVATE COPYING

Interpretation

Marginal note:Definitions

79. In this Part,

“audio recording medium”

« support audio »

“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;

“blank audio recording medium”

« support audio vierge »

“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;

“collecting body”

« organisme de perception »

“collecting body” means the collective society, or other society, association or corporation, that is designated as the collecting body under subsection 83(8);

“eligible author”

« auteur admissible »

“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;

“eligible maker”

« producteur 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;

“eligible performer”

« artiste-interprète 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;

“prescribed”

Version anglaise seulement

“prescribed” means prescribed by regulations made under this Part.