Copyright Act (R.S.C., 1985, c. C-42)

Approval of Tariffs

Marginal note:Approval

• 70 (1) The Board shall — within the period, if any, that is established under regulations made under subsection 66.91(2) — approve the proposed tariff after making any alterations to the royalty rates and the related terms and conditions, or fixing any new related terms and conditions, that the Board considers appropriate.

• Marginal note:Factors — performances of musical works and sound recordings

  (2) In approving a proposed tariff for the performance in public or the communication to the public by telecommunication of performer’s performances of musical works, or of sound recordings embodying such performer’s performances, the Board shall ensure that

  • (a) the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in section 20;

  • (b) the tariff does not, because of linguistic and content requirements of Canada’s broadcasting policy set out in section 3 of the Broadcasting Act, place some users that are subject to that Act at a greater financial disadvantage than others; and

  • (c) the payment of royalties by users under section 19 will be made in a single payment.

• Marginal note:Small cable transmission system

  (3) The Board shall fix a preferential royalty rate for small cable transmission systems in approving a tariff for

  • (a) the performance in public of musical works or dramatico-musical works, of performer’s performances of such works, or of sound recordings embodying such works; or

  • (b) the communication to the public by telecommunication of musical works or dramatico-musical works, other than as described in subsection 31(2), of performer’s performances of such works, or of sound recordings embodying such works.

• Marginal note:Small retransmission systems

  (4) The Board shall fix a preferential royalty rate for small retransmission systems in approving a tariff for royalties referred to in paragraph 31(2)(d).

• Marginal note:For greater certainty

  (5) For greater certainty, the Board may determine, in respect of any tariff that it approves, the portion of the royalties that is to be paid to each collective society.

• Marginal note:No discrimination

  (6) For greater certainty, the Board must not discriminate between owners of copyright on the ground of their nationality or residence in approving a tariff for royalties referred to in subsection 29.7(2) or (3) or paragraph 31(2)(d).

• Marginal note:Regulations

  (7) The Governor in Council may make regulations defining “small cable transmission system” and “small retransmission system” for the purposes of this section.

Marginal note:Publication of approved tariff

70.1 The Board shall publish the approved tariff in the Canada Gazette and provide a copy of it, together with the reasons for the Board’s decision, to

• (a) the collective society that filed the proposed tariff;

• (b) every collective society that is authorized to collect royalties under the tariff;

• (c) every person or entity that filed an objection under section 68.3; and

• (d) any other person or entity that, in the Board’s opinion, ought to receive the copy and reasons.

70.11 [Repealed, 2018, c. 27, s. 296]

70.12 [Repealed, 2018, c. 27, s. 296]

70.13 [Repealed, 2018, c. 27, s. 296]

70.14 [Repealed, 2018, c. 27, s. 296]

70.15 [Repealed, 2018, c. 27, s. 296]

70.16 [Repealed, 2018, c. 27, s. 296]

70.17 [Repealed, 2018, c. 27, s. 296]

70.18 [Repealed, 2018, c. 27, s. 296]

70.19 [Repealed, 2018, c. 27, s. 296]

70.191 [Repealed, 2018, c. 27, s. 296]

70.2 [Repealed, 2018, c. 27, s. 296]

70.3 [Repealed, 2018, c. 27, s. 296]

70.4 [Repealed, 2018, c. 27, s. 296]

70.5 [Repealed, 2018, c. 27, s. 296]

70.6 [Repealed, 2018, c. 27, s. 296]

70.61 to 70.8 [Repealed, 1997, c. 24, s. 50]

Fixing of Royalty Rates in Individual Cases

Marginal note:Application to fix

• 71 (1) If a collective society and a user are unable to agree on royalties to be paid with respect to rights under section 3, 15, 18, 19 or 21, other than royalties referred to in subsection 29.7(2) or (3) or paragraph 31(2)(d), or are unable to agree on any related terms and conditions, the collective society or user may, after giving notice to the other party, apply to the Board to fix the royalty rates or any related terms and conditions, or both.

• Marginal note:Fixing royalties, etc.

  (2) The Board may, for a period that the Board may specify, fix the royalty rates or their related terms and conditions, or both, as the case may be.

• Marginal note:Application of subsections 70(2) and (3)

  (3) Subsections 70(2) and (3) apply, with any necessary modifications, to the fixing of royalty rates or terms and conditions, or both, by the Board under subsection (2).

• Marginal note:For greater certainty

  (4) For greater certainty, the Board may deny an application made under subsection (1) or any part of one.

• Marginal note:Copy of decision and reasons

  (5) The Board shall send a copy of the decision and the reasons for it to the collective society and the user.

• Marginal note:Definition of user

  (6) In this section, user means

  • (a) a user who is not otherwise authorized to do an act referred to in section 3, 15, 18 or 21 in respect of the works, performer’s performances, sound recordings or communication signals included in a collective society’s repertoire; or

  • (b) a user who is required to pay, in respect of sound recordings included in a collective society’s repertoire, a royalty referred to in section 19 that has not otherwise been fixed or agreed on.

Marginal note:Agreement

71.1 The Board shall not proceed with an application under section 71 in respect of any matter in issue on which an agreement has been reached, if a notice is filed with the Board that such an agreement has been reached.

Special Rules Related to Royalty Rates

Marginal note:Special royalty rates

• 72 (1) Subsections (2) and (3) apply despite the tariffs approved by the Board under section 70, or despite the royalty rates fixed under subsection 71(2), for the performance in public or the communication to the public by telecommunication of performer’s performances of musical works or of sound recordings embodying such performer’s performances.

• Marginal note:Wireless transmission systems

  (2) For wireless transmission systems, other than community systems and public transmission systems, broadcasters shall pay

  • (a) $100 on the first $1.25 million of annual advertising revenues in respect of each year; and

  • (b) 100% of the royalties set out in the approved tariff or fixed under subsection 71(2) for that year on any portion of annual advertising revenues exceeding $1.25 million.

• Marginal note:Community systems

  (3) For community systems, broadcasters shall pay royalties of $100 in respect of each year.

• Marginal note:Effect of paying royalties

  (4) The payment of the royalties set out in subsection (2) or (3) fully discharges all liabilities of the system in question in respect of the approved tariffs or the royalties fixed under subsection 71(2).

• Marginal note:Definition of advertising revenues

  (5) The Board may, by regulation, define “advertising revenues” for the purposes of subsection (2).

• Marginal note:Regulations

  (6) The Governor in Council may make regulations defining “community system”, “public transmission system” and “wireless transmission system” for the purposes of this section.

Marginal note:Radio performances in places other than theatres

• 72.1 (1) In respect of public performances by means of any radio receiving set in any place other than a theatre that is ordinarily and regularly used for entertainments to which an admission charge is made, no royalties shall be collectable from the owner or user of the radio receiving set, but the Board shall, in so far as possible, provide for the collection in advance from radio broadcasting stations of royalties appropiate to the conditions produced by the provisions of this subsection and shall fix the amount of the same.

• Marginal note:Expenses to be taken into account

  (2) In fixing royalties under subsection (1), the Board shall take into account all expenses of collection and other outlays, if any, saved or savable by, for or on behalf of the owner of the copyright or performing right concerned or their agents, in consequence of that subsection.

Effects Related to Tariffs and Fixing of Royalty Rates

Permitted Acts and Enforcement

Marginal note:Effect of fixing royalties

73 Without prejudice to any other remedies available to it, the collective society concerned may collect the royalties specified in an approved tariff or fixed by the Board under subsection 71(2) for the applicable period and, in default of their payment, recover them in a court of competent jurisdiction.

Marginal note:Order — compliance with terms and conditions

73.1 Without prejudice to any other remedies available to it, the collective society concerned may apply to a court of competent jurisdiction for an order directing a person to comply with any terms and conditions that are set out in an approved tariff or that are fixed by the Board under subsection 71(2).

Marginal note:Continuation of rights

73.2 If a proposed tariff’s effective period begins before the proposed tariff is approved, and immediately after the expiry of the previous tariff, then, from the start of the effective period of the proposed tariff until the earlier of its approval and the end of its effective period,

• (a) any person authorized under the previous tariff to do an act that is referred to in section 3, 15, 18 or 21 and that is covered by the proposed tariff may do so; and

• (b) the collective society may collect the royalties in accordance with the previous tariff.

Marginal note:Proceedings barred — tariff

73.3 No proceedings may be brought against a person for the infringement of a right with respect to an act referred to in section 3, 15, 18 or 21 if

• (a) the person has paid or offered to pay the royalties set out in an approved tariff that apply with respect to that act;

• (b) in the case where section 73.2 applies with respect to that act, the person has paid or offered to pay the royalties referred to in paragraph 73.2(b); or

• (c) in the case where no tariff has been approved with respect to that act and section 73.2 does not apply with respect to it, the person has offered to pay the royalties that are included in a proposed tariff and that will apply to that act once the tariff is approved.

Marginal note:Approval of request made under section 69

73.4 If the Board approves an application made under section 69, no proceedings may be brought against a person for the infringement of a right with respect to an act referred to in section 3, 15, 18 or 21 if

• (a) the proposed tariff, if approved, will not apply to the act as a result of the Board’s approval of the application; and

• (b) the act occurs during the effective period set out in the proposed tariff and before the first anniversary of the day on which the collective society made its application under section 69 or, if a day has been established by regulations made under subsection 66.91(2), before that day.

Marginal note:Effect of fixing of royalties

• 73.5 (1) If any royalties or related terms and conditions are fixed under subsection 71(2) in respect of a person, the person may, during the applicable period and on paying or offering to pay the applicable royalties, do the act referred to in section 3, 15, 18 or 21 with respect to which the royalties or related terms and conditions are fixed, subject to those related terms and conditions and to the terms and conditions established by the collective society and the person.

• Marginal note:Authority during application

  (2) If an application is made under subsection 71(1), a person in respect of whom royalties or terms and conditions may be fixed may, until the Board’s final decision on the application, do an act referred to in section 3, 15, 18 or 21 to which the application applies if the person has offered to pay the applicable royalties in accordance with any applicable related terms and conditions.