|
|
|
|
| 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 pri
vate use of the person who makes the copy
does not constitute an infringement of the
copyright in the musical work, the perform
er'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 tele
communication; or
|
|
|
|
(d) performing, or causing to be performed,
in public.
|
|
|
|
|
|
| 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 import
ers 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 mak
ers.
|
|
|
|
|
|
| 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.
|
|
| Filing of
proposed
tariffs
|
83. (1) Subject to subsection (14), each
collective society may file with the Board a
proposed tariff for the benefit of those eligible
authors, eligible performers and eligible mak
ers who, by assignment, grant of licence,
appointment of the society as their agent or
otherwise, authorize it to act on their behalf
for that purpose, but no person other than a
collective society may file any such tariff.
|
|
| Collecting
body
|
(2) Without limiting the generality of what
may be included in a proposed tariff, the tariff
may include a suggestion as to whom the
Board should designate under paragraph
(8)(d) as the collecting body.
|
|
| Times for
filing
|
(3) Proposed tariffs must be in both official
languages and must be filed on or before the
March 31 immediately before the date when
the approved tariffs cease to be effective.
|
|
| Where no
previous tariff
|
(4) A collective society in respect of which
no proposed tariff has been certified pursuant
to paragraph (8)(c) shall file its proposed tariff
on or before the March 31 immediately before
its proposed effective date.
|
|
| Effective
period of
levies
|
(5) A proposed tariff must provide that the
levies are to be effective for periods of one or
more calendar years.
|
|
| Publication of
proposed
tariffs
|
(6) As soon as practicable after the receipt
of a proposed tariff filed pursuant to subsec
tion (1), the Board shall publish it in the
Canada Gazette and shall give notice that,
within sixty days after the publication of the
tariff, any person may file written objections
to the tariff with the Board.
|
|
| Board to
consider
proposed
tariffs and
objections
|
(7) The Board shall, as soon as practicable,
consider a proposed tariff and any objections
thereto referred to in subsection (6) or raised
by the Board, and
|
|
|
|
(a) send to the collective society concerned
a copy of the objections so as to permit it to
reply; and
|
|
|
|
(b) send to the persons who filed the
objections a copy of any reply thereto.
|
|
| Duties of
Board
|
(8) On the conclusion of its consideration of
the proposed tariff, the Board shall
|
|
|
|
(a) establish, in accordance with subsection
(9),
|
|
|
|
(i) the manner of determining the levies,
and
|
|
|
|
(ii) such terms and conditions related to
those levies as the Board considers
appropriate, including, without limiting
the generality of the foregoing, the form,
content and frequency of the statements
of account mentioned in subsection
82(1), measures for the protection of
confidential information contained in
those statements, and the times at which
the levies are payable,
|
|
|
|
(b) vary the tariff accordingly,
|
|
|
|
(c) certify the tariff as the approved tariff,
whereupon that tariff becomes for the
purposes of this Part the approved tariff, and
|
|
|
|
(d) designate as the collecting body the
collective society or other society, associa
tion or corporation that, in the Board's
opinion, will best fulfil the objects of
sections 82, 84 and 86,
|
|
|
|
but the Board is not obligated to exercise its
power under paragraph (d) if it has previously
done so, and a designation under that para
graph remains in effect until the Board makes
another designation, which it may do at any
time whatsoever, on application.
|
|
| Factors Board
to consider
|
(9) In exercising its power under paragraph
(8)(a), the Board shall satisfy itself that the
levies are fair and equitable, having regard to
any prescribed criteria.
|
|
| Publication of
approved
tariffs
|
(10) The Board shall publish the approved
tariffs in the Canada Gazette as soon as
practicable and shall send a copy of each
approved tariff, together with the reasons for
the Board's decision, to the collecting body, to
each collective society that filed a proposed
tariff, and to any person who filed an objec
tion.
|
|
| 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
|
|
|
|
|
|
|
|
(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 re
muneration referred to in section 81 if such re
muneration 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 subsec
tion (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 cir
cumstances require, in respect of that pro
posed tariff.
|
|
|
|
|
|
| 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 per
formers and eligible makers, in the propor
tions fixed by the Board.
|
|
| Reciprocity
|
85. (1) Where the Minister is of the opinion
that another country grants or has undertaken
to grant to performers and makers of sound
recordings that are Canadian citizens or
permanent residents of Canada within the
meaning of the Immigration Act or, if corpora
tions, have their headquarters in Canada, as
the case may be, whether by treaty, conven
tion, agreement or law, benefits substantially
equivalent to those conferred by this Part, the
Minister may, by a statement published in the
Canada Gazette,
|
|
|
|
(a) grant the benefits conferred by this Part
to performers or makers of sound record
ings that are citizens, subjects or permanent
residents of or, if corporations, have their
headquarters in that country; and
|
|
|
|
(b) declare that that country shall, as regards
those benefits, be treated as if it were a
country to which this Part extends.
|
|
| Reciprocity
|
(2) Where the Minister is of the opinion that
another country neither grants nor has under
taken to grant to performers or makers of
sound recordings that are Canadian citizens or
permanent residents of Canada within the
meaning of the Immigration Act or, if corpora
tions, have their headquarters in Canada, as
the case may be, whether by treaty, conven
tion, agreement or law, benefits substantially
equivalent to those conferred by this Part, the
Minister may, by a statement published in the
Canada Gazette,
|
|
|
|
(a) grant the benefits conferred by this Part
to performers or makers of sound record
ings that are citizens, subjects or permanent
residents of or, if corporations, have their
headquarters in that country, as the case
may be, to the extent that that country grants
those benefits to performers or makers of
sound recordings that are Canadian citizens
or permanent residents of Canada within
the meaning of the Immigration Act or, if
corporations, have their headquarters in
Canada; and
|
|
|
|
(b) declare that that country shall, as regards
those benefits, be treated as if it were a
country to which this Part extends.
|
|
| Application of
Act
|
(3) Any provision of this Act that the
Minister specifies in a statement referred to in
subsection (1) or (2)
|
|
|
|
(a) applies in respect of performers or
makers of sound recordings covered by that
statement, as if they were citizens of or, if
corporations, had their headquarters in
Canada; and
|
|
|
|
(b) applies in respect of a country covered
by that statement, as if that country were
Canada.
|
|
| Application of
Act
|
(4) Subject to any exceptions that the
Minister may specify in a statement referred to
in subsection (1) or (2), the other provisions of
this Act also apply in the way described in
subsection (3).
|
|
|
|
|
|
| Where no
levy payable
|
86. (1) No levy is payable under this Part
where the manufacturer or importer of a blank
audio recording medium sells or otherwise
disposes of it to a society, association or
corporation that represents persons with a
perceptual disability.
|
|
| Refunds
|
(2) Where a society, association or corpora
tion referred to in subsection (1)
|
|
|
|
(a) purchases a blank audio recording
medium in Canada from a person other than
the manufacturer or importer, and
|
|
|
|
(b) provides the collecting body with proof
of that purchase, on or before June 30 in the
calendar year following the calendar year in
which the purchase was made,
|
|
|
|
the collecting body is liable to pay forthwith
to the society, association or corporation an
amount equal to the amount of the levy paid in
respect of the blank audio recording medium
purchased.
|
|
| If registration
system exists
|
(3) If regulations made under paragraph
87(a) provide for the registration of societies,
associations or corporations that represent
persons with a perceptual disability, subsec
tions (1) and (2) shall be read as referring to
societies, associations or corporations that are
so registered.
|
|