Bill C-48
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
SUMMARY |
|
|
|
This enactment amends the Copyright Act to provide that
retransmitters who currently benefit from the compulsory licence
regime provided for by section 31 (such as cable distribution
undertakings and direct-to-home satellite distribution undertakings)
will continue to do so, while allowing other retransmitters who meet the
conditions prescribed by regulation to also benefit from that regime.
|
|
|
|
EXPLANATORY NOTES |
|
|
|
Clause 1: Subsection 2.4(3) reads as follows:
|
|
|
|
(3) A work is not communicated in the manner described in
paragraph (1)(c) or 3(1)(f) where a signal carrying the work is
retransmitted to a person who is a retransmitter to whom section 31
applies.
|
|
|
|
Clause 2: (1) The definition ``retransmitter'' in
subsection 31(1) reads as follows:
|
|
|
|
``retransmitter'' does not include a person who uses Hertzian waves to
retransmit a signal but does not perform a function comparable to
that of a cable retransmission system;
|
|
|
|
(2) Subsections 31(2) and (3) read as follows:
|
|
|
|
(2) It is not an infringement of copyright to communicate to the
public by telecommunication any literary, dramatic, musical or artistic
work if
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(3) The Governor in Council may make regulations defining ``local
signal'' and ``distant signal'' for the purposes of this section.
|
|
|
|
Clause 3: Subsection 72(1) reads as follows:
|
|
|
|
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, educational institutions and prospective retransmitters, or
their representatives, may file written objections to the tariff with the
Board.
|
|
|
|
Clause 4: The relevant portion of subsection 73(1)
reads as follows:
|
|
|
|
73. (1) On the conclusion of its consideration of proposed tariffs, the
Board shall
|
|
|
|
|
|
|
|
|
|