Copyright Act

Marginal note:Special and transitional royalty rates

• 68.1 (1) Notwithstanding the tariffs approved by the Board under subsection 68(3) 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,

  • (a) wireless transmission systems, except community systems and public transmission systems, shall pay royalties as follows:

    • (i) in respect of each year, $100 on the first 1.25 million dollars of annual advertising revenues, and

    • (ii) on any portion of annual advertising revenues exceeding 1.25 million dollars,

      • (A) for the first year following the coming into force of this section, thirty-three and one third per cent of the royalties set out in the approved tariff for that year,

      • (B) for the second year following the coming into force of this section, sixty-six and two thirds per cent of the royalties set out in the approved tariff for that year, and

      • (C) for the third year following the coming into force of this section, one hundred per cent of the royalties set out in the approved tariff for that year;

  • (b) community systems shall pay royalties of $100 in respect of each year; and

  • (c) public transmission systems shall pay royalties, in respect of each of the first three years following the coming into force of this section, as follows:

    • (i) for the first year following the coming into force of this section, thirty-three and one third per cent of the royalties set out in the approved tariff for that year,

    • (ii) for the second year following the coming into force of this section, sixty-six and two thirds per cent of the royalties set out in the approved tariff for that year, and

    • (iii) for the third year following the coming into force of this section, one hundred per cent of the royalties set out in the approved tariff for that year.

• Marginal note:Effect of paying royalties

  (2) The payment of the royalties set out in subsection (1) fully discharges all liabilities of the system in question in respect of the approved tariffs.

• Marginal note:Definition of advertising revenues

  (3) The Board may, by regulation, define advertising revenues for the purposes of subsection (1).

• Marginal note:Preferential royalty rates

  (4) The Board shall, in certifying a tariff as approved under subsection 68(3), ensure that there is a preferential royalty rate for small cable transmission systems.

• Marginal note:Regulations

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