Copyright Act

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.