Bill C-499

3rd Session, 40th Parliament,

59 Elizabeth II, 2010

house of commons of canada

BILL C-499

An Act to amend the Copyright Act (audio recording devices)

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

1. Section 79 of the Copyright Act is amended by adding the following in alphabetical order:

2. The portion of subsection 80(1) of the Act after paragraph (c) is replaced by the following:

onto an audio recording device or an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer’s performance or the sound recording.

3. The portion of subsection 81(1) of the Act before paragraph (a) is replaced by the following:

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 importers of audio recording devices or blank audio recording media in respect of the reproduction for private use of

4. The heading before section 82 of the English version of the Act is replaced by the following:

LEVY ON AUDIO RECORDING DEVICES AND BLANK AUDIO RECORDING MEDIA

5. Section 82 of the Act is replaced by the following:

82. (1) Every person who, for the purpose of trade, manufactures an audio recording device or a blank audio recording medium in Canada or imports an audio recording device or 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 audio recording devices or 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 audio recording devices and blank audio recording media, and shall furnish those statements to the collecting body.

(2) No levy is payable where it is a term of the sale or other disposition of the audio recording device or blank audio recording medium that the device or medium is to be exported from Canada, and it is exported from Canada.

6. Subsections 86(1) and (2) of the Act are replaced by the following:

86. (1) No levy is payable under this Part where the manufacturer or importer of an audio recording device or a blank audio recording medium sells or otherwise disposes of it to a society, association or corporation that represents persons with a perceptual disability.

(2) Where a society, association or corporation referred to in subsection (1)

(a) purchases an audio recording device or 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 audio recording device or blank audio recording medium purchased.