Section 30.9 — Copyright Act: Ephemeral recordings — broadcasting undertaking

It is not an infringement of copyright for a broadcasting undertaking to reproduce in accordance with this section a sound recording, or a performer’s performance or work that is embodied in a sound recording, solely for the purpose of their broadcasting, if the undertaking owns the copy of the sound recording, performer’s performance or work and that copy is authorized by the owner of the copyright, or has a licence to use the copy; is authorized to communicate the sound recording, performer’s performance or work to the public by telecommunication; makes the reproduction itself, for its own broadcasts; does not synchronize the reproduction with all or part of another recording, performer’s performance or work; and does not cause the reproduction to be used in an advertisement intended to sell or promote, as the case may be, a product, service, cause or institution. The broadcasting undertaking must record the dates of the making and destruction of all reproductions and any other prescribed information about the reproduction, and keep the record current. The broadcasting undertaking must make the record referred to in subsection (2) available to owners of copyright in the sound recordings, performer’s performances or works, or their representatives, within twenty-four hours after receiving a request. The broadcasting undertaking must destroy the reproduction when it no longer possesses the sound recording, or performer’s performance or work embodied in the sound recording, or its licence to use the sound recording, performer’s performance or work expires, or at the latest within 30 days after making the reproduction, unless the copyright owner authorizes the reproduction to be retained. If the copyright owner authorizes the reproduction to be retained, the broadcasting undertaking must pay any applicable royalty. [Repealed, 2012, c. 20, s. 34] In this section, broadcasting undertaking means a broadcasting undertaking , as defined in subsection 2(1) of the Broadcasting Act , that holds a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission under that Act. For greater certainty, it does not include an online undertaking , as defined in that subsection 2(1).