Copyright Act

Marginal note:Effect of fixing royalties

• 68.2 (1) Without prejudice to any other remedies available to it, a collective society may, for the period specified in its approved tariff, collect the royalties specified in the tariff and, in default of their payment, recover them in a court of competent jurisdiction.

• Marginal note:Proceedings barred if royalties tendered or paid

  (2) No proceedings may be brought against a person who has paid or offered to pay the royalties specified in an approved tariff for

  • (a) the infringement of the right to perform in public or the right to communicate to the public by telecommunication, referred to in section 3;

  • (b) the infringement of the rights referred to in paragraph 15(1.1)(d) or 18(1.1)(a); or

  • (c) the recovery of royalties referred to in section 19.

• Marginal note:Continuation of rights

  (3) Where a collective society files a proposed tariff in accordance with subsection 67.1(1),

  • (a) any person entitled to perform in public or communicate to the public by telecommunication those works, performer’s performances or sound recordings pursuant to the previous tariff may do so, even though the royalties set out therein have ceased to be in effect, and

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

  until the proposed tariff is approved.