C-11 2 37 51 Elizabeth II 2002

An Act to amend the Copyright Act

Copyright Act,

An Act to amend the

Copyright 2002 12 12 26 2002 90174

SUMMARY

This enactment amends the Copyright Act to include, in the definition of retransmitter applicable to

section 31 of that Act, retransmitters who currently benefit from the compulsory licence regime (such as cable distribution undertakings and direct-to-home satellite distribution undertakings), while excluding new media retransmitters whose retransmissions are lawful under the Broadcasting Act by reason only of the Canadian Radio-television and Telecommunications Commission’s Public Notice CRTC 1999-197.

The enactment also amends the conditions with which a retransmitter must comply in order to benefit from the compulsory licence regime, and enables the Governor in Council to make regulations prescribing additional conditions.

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

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

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

retransmitter

retransmetteur

retransmitter means a person who performs a function comparable to that of a cable retransmission system, but does not include a new media retransmitter;

(2) Subsection 31(1) of the Act is amended by adding the following in alphabetical order:

new media retransmitter

retransmetteur de nouveaux médias

new media retransmitter means a person whose retransmission is lawful under the Broadcasting Act only by reason of the Exemption Order for New Media Broadcasting Undertakings issued by the Canadian Radio-television and Telecommunications Commission as Appendix A to Public Notice CRTC 1999-197, as amended from time to time;

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

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

Retransmission 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 without alteration, 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)( b ).

Regulations

(3) The Governor in Council may make regulations

(

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

(

b) 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

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

Publication of proposed tariffs

(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

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

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