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Bill C-48

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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

BILL C-48

An Act to amend the Copyright Act

R.S., c. C-42

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1997, c. 24, s. 2

1. Subsection 2.4(3) of the Copyright Act is replaced by the following:

Exception

(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 within the meaning of subsection 31(1) .

1988, c. 65, s. 63; 1997, c. 24, s. 16

2. (1) The definition ``retransmitter'' in subsection 31(1) of the Act is replaced by the following:

``retransmitter ''
« retransmette ur »

``retransmitter'' means

      (a) a person who, in retransmitting a signal, carries on a distribution undertaking as defined in subsection 2(1) of the Broadcasting Act, pursuant to

        (i) a licence issued under subsection 9(1) of that Act, or

        (ii) an order made under subsection 9(4) of that Act that includes a condition that, in substance, requires the person to carry at least one signal, or

      (b) a person who retransmits a signal and meets the qualifying conditions referred to in paragraph (3)(b),

    but excludes a person who, in retransmitting a signal, carries on a programming undertaking as defined in subsection 2(1) of the Broadcasting Act;

1988, c. 65, s. 63; 1997, c. 24, s. 16 and par. 52(1)(a)( F)

(2) Subsections 31(2) and (3) of the Act are replaced by the following:

Retransmissio n of local and distant signals

(2) It is not an infringement of copyright for a retransmitter to communicate to the public by telecommunication any literary, dramatic, musical or artistic work if

    (a) the communication is a retransmission of a local or distant signal;

    (b) the retransmission is lawful under the Broadcasting Act;

    (c) the signal is retransmitted simultaneously and in its entirety, except as otherwise required or permitted by or under the laws of Canada;

    (d) in the case of the retransmission of a distant signal, the retransmitter has paid any royalties, and complied with any terms and conditions, fixed under this Act; and

    (e) the retransmitter complies with the applicable conditions, if any, referred to in paragraph (3)(c).

Regulations

(3) The Governor in Council may make regulations

    (a) defining ``local signal'' and ``distant signal'' for the purposes of subsection (2);

    (b) prescribing qualifying conditions for the purposes of paragraph (b) of the definition ``retransmitter'' in subsection (1); and

    (c) prescribing conditions for the purposes of paragraph (2)(e), and specifying whether any such condition applies to all retransmitters or only to a class of retransmitter.

1999, c. 31, s. 61

3. Subsection 72(1) of the Act is replaced by the following:

Publication of proposed tariffs

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 or prospective retransmitters within the meaning of subsection 31(1) , or their representatives, may file written objections to the tariff with the Board.

1999, c. 31, s. 62

4. Subparagraph 73(1)(a)(i) of the Act is replaced by the following:

      (i) a manner of determining the royalties to be paid by educational institutions and by retransmitters within the meaning of subsection 31(1) , and

Coming into force

5. This Act comes into force on a day to be fixed by order of the Governor in Council.

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