Copyright Board Regulations
Regulations
Copyright Board Rules of Practice and Procedure
SOR/2023-24
February 10, 2023
Regulatory Impact Analysis Statement
Additional Information
The Rules of Practice and Procedure aim to increase consistency between processes and predictability for Parties by providing clear and standardized rules for tariffs-setting proceedings. They seek to offer parties and the public with reliable direction on how to participate in such Board proceedings, and what to expect when they do.
Overview of the Copyright Board Rules of Practice and Procedure
Regulations Establishing the Periods Within Which Eligible Authors, Eligible Performers and Eligible Makers not Represented by Collective Societies Can Claim Private Copying Remuneration
SOR/2013-143
June 27, 2013
Regulatory Impact Analysis Statement
Additional Information
Subsection 83(11) of the Copyright Act provides among other things that an eligible author, performer or maker who does not authorize a collective society to act on his or her behalf [a so-called "orphan" owner] can seek payment in the private copying regime from the collective society that is designated by the Board for that purpose.
The purpose of these regulations is to set a timeframe within which eligible authors, performers and makers can seek payment for private copying.
These regulations establish a period of not less than twelve months from the date of the expiry of a certified tariff within which the entitlement to a share of private copying levies must be exercised.
These regulations affect eligible rights owners and CPCC and its members, by giving them a specific timeframe within which to claim (rights owners) or keep (CPCC and its members) the levies collected under the private copying regime.
Educational Program, Work and Other Subject-matter Record-keeping Regulations
SOR/2001-296
August 31, 2001
Regulatory Impact Analysis Statement
Additional Information
Since January 1, 1999, educational institutions and persons acting under their authority can, without the copyright owner's authorization, copy programs and other subject-matter when they are communicated to the public and perform those copies before an audience consisting primarily of students. In order to avail themselves of this exception, institutions must, among other things, keep records concerning the making, destruction, performance and marking of copies and share this information with collective societies.
These regulations, made pursuant to subsection 29.9(2) of the Copyright Act, set out these reporting requirements.
These regulations set out the reporting requirements for educational institutions for the copying of programs and other subject-matter.
These regulations do not affect Canadian businesses. They only affect educational institutions by requiring them to document their copying of programs or other subject-matters.
Regulations Defining "Advertising Revenues"
SOR/98-447
August 31, 1998
Regulatory Impact Analysis Statement
Additional Information
Subsection 68.1(1)(a)(i) of the Copyright Act sets at $100 the amount of royalties to be paid for the neighbouring rights that wireless transmission systems shall pay on their first 1.25 million dollars of annual advertising revenues. These Regulations prescribe the meaning of the term "advertising revenues" thus defining the rate base that will be used to determine which part of a wireless transmission system's revenues benefits from the $100 special royalty rate.
The key element to these regulations is the definition of "advertising revenues".
These regulations have no effect on Canadian businesses.
Regulations Establishing the Period Within Which Owners of Copyright not Represented by Collective Societies Can Claim Retransmission Royalties
SOR/97-164 - as amended by SOR/2004-152
March 19, 1997
Additional Information
Subsection 76(1) [formerly section 70.66] of the Copyright Act provides among other things that a retransmission rights owner who does not authorize a collective society to act on his or her behalf [a so-called "orphan" owner] can seek payment for the use of the work from the collecting body that is designated by the Board for that purpose.
The key element of these regulations is the period within which eligible rights owners can claim royalties for the retransmission of their works.
The key element of these regulations is the period within which eligible rights owners can claim royalties for the retransmission of their works.
These regulations affect eligible rights owners and retransmission collectives by giving them a specific timeframe within which to claim (rights owners) or keep (collective societies) the royalties collected under the retransmission regime.
Amendments and Regulatory Impact Analysis Statement:
SOR/2004-152, in force June 9, 2004
Previous Version and Regulatory Impact Analysis Statement:
SOR/97-164, in force March 19, 1997
Regulations Establishing the Period for Royalty Entitlements of Non-members of Collecting Bodies
Other Regulatory Information
Practice Notices
Where can I get more information?
Contact the Board for further questions by email (secretariat@cb-cda.gc.ca) or telephone (613-952-8621).