Section 72 — Copyright Act: Special royalty rates

Subsections (2) and (3) apply despite the tariffs approved by the Board under section 70 , or despite the royalty rates fixed under subsection 71 (2), 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. For wireless transmission systems, other than community systems and public transmission systems, broadcasters shall pay $100 on the first $1.25 million of annual advertising revenues in respect of each year; and 100% of the royalties set out in the approved tariff or fixed under subsection 71 (2) for that year on any portion of annual advertising revenues exceeding $1.25 million. For community systems, broadcasters shall pay royalties of $100 in respect of each year. The payment of the royalties set out in subsection (2) or (3) fully discharges all liabilities of the system in question in respect of the approved tariffs or the royalties fixed under subsection 71 (2). The Board may, by regulation, define “advertising revenues” for the purposes of subsection (2). The Governor in Council may make regulations defining “community system”, “public transmission system” and “wireless transmission system” for the purposes of this section.