Copyright Act
Sections and provisions with full text and the judgments that cite each one.
Section 69.1 — Approval by Board
The Board shall approve an application made under section 69 if it is satisfied that the collective society has provided sufficient public notice of its intention to make the application; every…
Section 70 — Approval
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…
Section 70.1 — Publication of approved tariff
The Board shall publish the approved tariff in the Canada Gazette and provide a copy of it, together with the reasons for the Board’s decision, to the collective society that filed the proposed…
Section 70.11
[Repealed, 2018, c. 27, s. 296]
Section 70.12
[Repealed, 2018, c. 27, s. 296]
Section 70.13
[Repealed, 2018, c. 27, s. 296]
Section 70.14
[Repealed, 2018, c. 27, s. 296]
Section 70.15
[Repealed, 2018, c. 27, s. 296]
Section 70.16
[Repealed, 2018, c. 27, s. 296]
Section 70.17
[Repealed, 2018, c. 27, s. 296]
Section 70.18
[Repealed, 2018, c. 27, s. 296]
Section 70.19
[Repealed, 2018, c. 27, s. 296]
Section 70.191
[Repealed, 2018, c. 27, s. 296]
Section 70.2
[Repealed, 2018, c. 27, s. 296]
Section 70.3
[Repealed, 2018, c. 27, s. 296]
Section 70.4
[Repealed, 2018, c. 27, s. 296]
Section 70.5
[Repealed, 2018, c. 27, s. 296]
Section 70.6
[Repealed, 2018, c. 27, s. 296]
Section 70.61 to 70.8
[Repealed, 1997, c. 24, s. 50]
Section 71 — Application to fix
If a collective society and a user are unable to agree on royalties to be paid with respect to rights under section 3, 15, 18, 19 or 21, other than royalties referred to in subsection 29.7(2) or (3)…
Section 71.1 — Agreement
The Board shall not proceed with an application under section 71 in respect of any matter in issue on which an agreement has been reached, if a notice is filed with the Board that such an agreement…
Section 72 — 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…
Section 72.1 — Radio performances in places other than theatres
In respect of public performances by means of any radio receiving set in any place other than a theatre that is ordinarily and regularly used for entertainments to which an admission charge is made,…
Section 73 — Effect of fixing royalties
Without prejudice to any other remedies available to it, the collective society concerned may collect the royalties specified in an approved tariff or fixed by the Board under subsection 71 (2) for…
Section 73.1 — Order — compliance with terms and conditions
Without prejudice to any other remedies available to it, the collective society concerned may apply to a court of competent jurisdiction for an order directing a person to comply with any terms and…
Section 73.2 — Continuation of rights
If a proposed tariff’s effective period begins before the proposed tariff is approved, and immediately after the expiry of the previous tariff, then, from the start of the effective period of the…
Section 73.3 — Proceedings barred — tariff
No proceedings may be brought against a person for the infringement of a right with respect to an act referred to in section 3, 15, 18 or 21 if the person has paid or offered to pay the royalties set…
Section 73.4 — Approval of request made under section 69
If the Board approves an application made under section 69 , no proceedings may be brought against a person for the infringement of a right with respect to an act referred to in section 3, 15, 18 or…
Section 73.5 — Effect of fixing of royalties
If any royalties or related terms and conditions are fixed under subsection 71 (2) in respect of a person, the person may, during the applicable period and on paying or offering to pay the applicable…
Section 74 — No application
An approved tariff and any royalty rates and related terms and conditions fixed by the Board under subsection 71 (2), as well as sections 73.2 to 73.5 , do not apply to a person in respect of the…
Section 75 — Claims by non-members
An owner of copyright who does not authorize a collective society to collect, for that person’s benefit, royalties referred to in paragraph 31(2)(d) is, if the work is communicated to the public by…
Section 76 — Definition of Commissioner
For the purposes of this section and section 76.1 , Commissioner means the Commissioner of Competition appointed under the Competition Act . If a collective society enters into an agreement under…
Section 76.1 — Examination and fixing of royalty
The Board shall consider a request by the Commissioner to examine an agreement and may, after giving the Commissioner and the parties to the agreement an opportunity to present their arguments, alter…
Section 77 — Circumstances in which licence may be issued by Board
Where, on application to the Board by a person who wishes to obtain a licence to use a published work, a fixation of a performer’s performance, a published sound recording, or a fixation of a…
Section 78 — Board may determine compensation
Subject to subsection (2), for the purposes of subsections 32.4(2), 32.5(2), 33(2), 33.1(2) and 33.2(2), the Board may, on application by any of the parties referred to in one of those provisions,…
Section 79 — Definitions
In this Part, audio recording medium means a recording medium, regardless of its material form, onto which a sound recording may be reproduced and that is of a kind ordinarily used by individual…
Section 80 — Where no infringement of copyright
Subject to subsection (2), the act of reproducing all or any substantial part of a musical work embodied in a sound recording, a performer’s performance of a musical work embodied in a sound…
Section 81 — Right of remuneration
Subject to and in accordance with this Part, eligible authors, eligible performers and eligible makers have a right to receive remuneration from manufacturers and importers of blank audio recording…
Section 82 — Liability to pay levy
Every person who, for the purpose of trade, manufactures a blank audio recording medium in Canada or imports a blank audio recording medium into Canada is liable, subject to subsection (2) and…
Section 83 — Filing of proposed tariffs
Subject to subsection (14), each collective society may file with the Board a proposed tariff for the benefit of those eligible authors, eligible performers and eligible makers who, by assignment,…
Section 84 — Distribution by collecting body
As soon as practicable after receiving the levies paid to it, the collecting body shall distribute the levies to the collective societies representing eligible authors, eligible performers and…
Section 85 — Reciprocity
Where the Minister is of the opinion that another country grants or has undertaken to grant to performers and makers of sound recordings that are Canadian citizens or permanent residents within the…
Section 86 — Where no levy payable
No levy is payable under this Part where the manufacturer or importer of a blank audio recording medium sells or otherwise disposes of it to a society, association or corporation that represents…
Section 87 — Regulations
The Governor in Council may make regulations respecting the exemptions and refunds provided for in section 86, including, without limiting the generality of the foregoing, regulations respecting…
Section 88 — Right of recovery
Without prejudice to any other remedies available to it, the collecting body may, for the period specified in an approved tariff, collect the levies due to it under the tariff and, in default of…
Section 89 — No copyright, etc., except by statute
No person is entitled to copyright otherwise than under and in accordance with this Act or any other Act of Parliament, but nothing in this section shall be construed as abrogating any right or…
Section 90 — Interpretation
No provision of this Act relating to copyright in performer’s performances, sound recordings or communication signals, or the right of performers or makers to remuneration shall be construed as…
Section 91 — Adherence to Berne and Rome Conventions
The Governor in Council shall take such measures as are necessary to secure the adherence of Canada to the Convention for the Protection of Literary and Artistic Works concluded at Berne on September…
Section 92 — Review of Act
Five years after the day on which this section comes into force and at the end of each subsequent period of five years, a committee of the Senate, of the House of Commons or of both Houses of…