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PUBLIC PERFORMANCES IN PLACES OTHER THAN THEATRES |
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| R.S., c. 10
(4th Supp.),
s. 16
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46. The heading before section 70.1 and
sections 70.1 and 70.2 of the Act are
replaced by the following:
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COLLECTIVE ADMINISTRATION IN RELATION TO RIGHTS UNDER SECTIONS 3, 15, 18 AND 21 |
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Collective Societies |
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| Collective
societies
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70.1 Sections 70.11 to 70.6 apply in respect
of a collective society that operates
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| Public
information
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70.11 A collective society referred to in
section 70.1 must answer within a reasonable
time all reasonable requests from the public
for information about its repertoire of works,
performer's performances, sound recordings
or communication signals.
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| Tariff or
agreement
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70.12 A collective society may, for the
purpose of setting out by licence the royalties
and terms and conditions relating to classes of
uses,
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Tariffs |
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| Filing of
proposed
tariffs
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70.13 (1) Each collective society referred to
in section 70.1 may, on or before the March 31
immediately before the date when its last tariff
approved pursuant to subsection 70.15(1)
expires, file with the Board a proposed tariff,
in both official languages, of royalties to be
collected by the collective society for issuing
licences.
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| Where no
previous tariff
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(2) A collective society referred to in
subsection (1) in respect of which no tariff has
been approved pursuant to subsection
70.15(1) shall file with the Board its proposed
tariff, in both official languages, of all
royalties to be collected by it for issuing
licences, on or before the March 31
immediately before its proposed effective
date.
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| Application of
certain
provisions
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70.14 Where a proposed tariff is filed under
section 70.13, subsections 67.1(3) and (5) and
subsection 68(1) apply, with such
modifications as the circumstances require.
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| Certification
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70.15 (1) The Board shall certify the tariffs
as approved, with such alterations to the
royalties and to the terms and conditions
related thereto as the Board considers
necessary, having regard to any objections to
the tariffs.
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| Application of
certain
provisions
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(2) Where a tariff is approved under
subsection (1), subsections 68(4) and 68.2(1)
apply, with such modifications as the
circumstances require.
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| Distribution,
publication of
notices
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70.16 Independently of any other provision
of this Act relating to the distribution or
publication of information or documents by
the Board, the Board shall notify persons
affected by a proposed tariff, by
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in such manner and on such terms and
conditions as the Board sees fit.
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| Prohibition of
enforcement
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70.17 Subject to section 70.19, no
proceedings may be brought for the
infringement of a right referred to in section 3,
15, 18 or 21 against a person who has paid or
offered to pay the royalties specified in an
approved tariff.
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| Continuation
of rights
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70.18 Subject to section 70.19, where a
collective society files a proposed tariff in
accordance with section 70.13,
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until the proposed tariff is approved.
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| Where
agreement
exists
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70.19 If there is an agreement mentioned in
paragraph 70.12(b), sections 70.17 and 70.18
do not apply in respect of the matters covered
by the agreement.
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| Agreement
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70.191 An approved tariff does not apply
where there is an agreement between a
collective society and a person authorized to
do an act mentioned in section 3, 15, 18 or 21,
as the case may be, if the agreement is in effect
during the period covered by the approved
tariff.
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Fixing of Royalties in Individual Cases |
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| Application to
fix amount of
royalty, etc.
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70.2 (1) Where a collective society and any
person not otherwise authorized to do an act
mentioned in section 3, 15, 18 or 21, as the
case may be, in respect of the works, sound
recordings or communication signals
included in the collective society's repertoire
are unable to agree on the royalties to be paid
for the right to do the act or on their related
terms and conditions, either of them or a
representative of either may, after giving
notice to the other, apply to the Board to fix the
royalties and their related terms and
conditions.
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| Fixing
royalties, etc.
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(2) The Board may fix the royalties and
their related terms and conditions in respect of
a licence during such period of not less than
one year as the Board may specify and, as soon
as practicable after rendering its decision, the
Board shall send a copy thereof, together with
the reasons therefor, to the collective society
and the person concerned or that person's
representative.
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| R.S., c. 10
(4th Supp.),
s. 16
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47. Section 70.4 of the Act and the
heading following it are replaced by the
following:
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| Effect of
Board
decision
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70.4 Where any royalties are fixed for a
period pursuant to subsection 70.2(2), the
person concerned may, during the period,
subject to the related terms and conditions
fixed by the Board and to the terms and
conditions set out in the scheme and on paying
or offering to pay the royalties, do the act with
respect to which the royalties and their related
terms and conditions are fixed and the
collective society may, without prejudice to
any other remedies available to it, collect the
royalties or, in default of their payment,
recover them in a court of competent
jurisdiction.
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Examination of Agreements |
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| R.S., c. 10
(4th Supp.),
s. 16
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48. (1) Subsection 70.5(2) of the Act is
replaced by the following:
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| Filing
agreement
with the
Board
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(2) Where a collective society concludes an
agreement to grant a licence authorizing a
person to do an act mentioned in section 3, 15,
18 or 21, as the case may be, the collective
society or the person may file a copy of the
agreement with the Board within fifteen days
after it is concluded.
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| R.S., c. 10
(4th Supp.),
s. 16
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(2) Subsection 70.5(3) of the French
version of the Act is replaced by the
following:
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| Précision
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(3) L'article 45 de la Loi sur la concurrence
ne s'applique pas aux redevances et aux
modalités afférentes objet de toute entente
déposée conformément au paragraphe (2).
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| R.S., c. 10
(4th Supp.),
s. 16
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49. Subsection 70.6(1) of the French
version of the Act is replaced by the
following:
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| Examen et
fixation
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70.6 (1) Dès que possible, la Commission
procède à l'examen de la demande et, après
avoir donné au directeur et aux parties la
possibilité de faire valoir leurs arguments, elle
peut modifier les redevances et les modalités
afférentes objet de l'entente, et en fixer de
nouvelles; l'article 70.4 s'applique, compte
tenu des adaptations nécessaires, à cette
fixation.
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| R.S., c. 10
(4th Supp.),
s. 16; 1988, c.
65, s. 65;
1993, c. 15,
s. 11; 1994, c.
47, s. 68
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50. The heading before section 70.61 and
sections 70.61 to 71 of the Act are replaced
by the following:
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ROYALTIES IN PARTICULAR CASES |
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| Filing of
proposed
tariffs
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71. (1) Each collective society that carries
on the business of collecting royalties referred
to in subsection 29.6(2), 29.7(2) or (3) or
paragraph 31(2)(d)
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shall file with the Board a proposed tariff, but
no other person may file any such tariff.
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| Times for
filing
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(2) A proposed tariff must be
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| Where no
previous tariff
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(3) A collective society in respect of which
no proposed tariff has been certified pursuant
to paragraph 73(1)(d) shall file its proposed
tariff on or before the March 31 immediately
before its proposed effective date.
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| Effective
period of
tariffs
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(4) A proposed tariff must provide that the
royalties are to be effective for periods of one
or more calendar years.
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| Publication of
proposed
tariffs
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72. (1) As soon as practicable after the
receipt of a proposed tariff filed pursuant to
section 71, the Board shall publish it in the
Canada Gazette and shall give notice that,
within sixty days after the publication of the
tariff, prospective retransmitters, educational
institutions, persons with perceptual
disabilities or their representatives may file
written objections to the tariff with the Board.
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| Board to
consider
proposed
tariffs and
objections
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(2) The Board shall, as soon as practicable,
consider a proposed tariff and any objections
thereto referred to in subsection (1) or raised
by the Board, and
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| Certification
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73. (1) On the conclusion of its
consideration of proposed tariffs, the Board
shall
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| No discrimi- nation
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(2) For greater certainty, the Board, in
establishing a manner of determining
royalties under paragraph (1)(a) or in
apportioning them under paragraph (1)(b),
may not discriminate between owners of
copyright on the ground of their nationality or
residence.
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| Publication of
approved
tariffs
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(3) The Board shall publish the approved
tariffs in the Canada Gazette as soon as
practicable and send a copy of each approved
tariff, together with the reasons for the Board's
decision, to each collective society that filed
a proposed tariff and to any person who filed
an objection.
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| Special case
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74. (1) The Board shall, in establishing a
manner of determining royalties under
paragraph 73(1)(a), ensure that there is a
preferential rate for small retransmission
systems.
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| Regulations
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(2) The Governor in Council may make
regulations defining ``small retransmission
systems'' for the purpose of subsection (1).
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| Effect of
fixing
royalties
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75. Without prejudice to any other remedies
available to it, a collective society may, for the
period specified in its approved tariff, collect
the royalties specified in the tariff and, in
default of their payment, recover them in a
court of competent jurisdiction.
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| Claims by
non-members
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76. (1) An owner of copyright who does not
authorize a collective society to collect, for
that person's benefit, royalties referred to in
paragraph 31(2)(d) is, if the work is
communicated to the public by
telecommunication during a period when an
approved tariff that is applicable to that kind
of work is effective, entitled to be paid those
royalties by the collective society that is
designated by the Board, of its own motion or
on application, subject to the same conditions
as those to which a person who has so
authorized that collective society is subject.
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| Royalties that
may be
recovered
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(2) An owner of copyright who does not
authorize a collective society to collect, for
that person's benefit, royalties referred to in
subsection 29.6(2) or 29.7(2) or (3) is, if such
royalties are payable during a period when an
approved tariff that is applicable to that kind
of work or other subject-matter is effective,
entitled to be paid those royalties by the
collective society that is designated by the
Board, of its own motion or on application,
subject to the same conditions as those to
which a person who has so authorized that
collective society is subject.
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| Exclusion of
remedies
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(3) The entitlement referred to in
subsections (1) and (2) is the only remedy of
the owner of the copyright for the payment of
royalties for the communication, making of
the copy or sound recording or performance in
public, as the case may be.
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| Regulations
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(4) The Board may, for the purposes of this
section,
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