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Bill C-32

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Copying for Private Use

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

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.

Levy on Blank Audio Recording Media

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

    (a) a musical work,

    (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 of Levies Paid

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).

Exemption from Levy

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.

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