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COPYRIGHT REGULATIONS

19.	Regulations Amending the Regulations Establishing the Period for Royalty Entitlements of Non-members of Collecting Bodies (Miscellaneous Program) SOR/2004-152 June 9, 2004 Section 76 of the Copyright Act provides that a copyright owner who does not authorize a collective society to act on the owner's behalf [a so-called "orphan"] can seek payment for the use of the work from the society that is designated by the Copyright Board for that purpose. Subparagraph 76(4)(b)(v) also provides that the Board can establish, by regulation, the periods within which this entitlement must be exercised. The Board made such regulations on March 19, 1997 (see Regulations No. 8 below). Amendments to the Act made in 1997 and 2003 renumbered the provisions dealing with retransmission and the March 19, 1997 regulations contained a reference to this section. Also, amendments made in 1997, which broadened the scope of sections 71 to 76 of the Act also made it necessary to be more specific about the ambit of the March 19, 1997 regulations by indicating that they only target retransmission and not other acts that are now subject to sections 71 to 76. Finally, the March 19, 1997 regulations contained a provision dealing with any retransmission made before January 1, 1997; that provision is now obsolete. It was therefore necessary to amend the March 19, 1997 regulations so as to reflect those changes.
18.	Regulations Amending the Local Signal and Distant Signal Regulations SOR/2004-33 March 8, 2004 The amendments to the Local Signal and Distant Signal Regulations (SOR/89-254, see Regulations No. 1 below) amend the definition of "local signal", to make it applicable to all retransmitters eligible for the compulsory license set out in section 31 of the Copyright Act and eliminate the special rule for wireless terrestrial retransmitters. The definition of a local signal is relevant for the Copyright Board tariff setting exercise.
17.	Educational Program, Work and Other Subject-matter Record-keeping Regulations SOR/2001-296 July 18, 2001 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.
16.	Regulations Prescribing Networks (Copyright Act) SOR/99-348 August 26, 1999 The Regulations aim at circumscribing the exception provided for in the Act to amend the Copyright Act (Bill C-32) allowing radio and television broadcasters to make temporary copies of performances of copyrighted works to facilitate programming and broadcasting operations.
15.	Exception for Educational Institutions, Libraries, Archives and Museums Regulations SOR/99-325 July 28, 1999 The Regulations aim at circumscribing the exceptions provided for in the Act to amend the Copyright Act (Bill C-32) allowing non-profit libraries, archives and museums, including libraries in educational institutions, to make copies of copyrighted works on behalf of patrons who want them for the purposes of research, private study, criticism or review and in other special cases.
14.	Book Importation Regulations SOR/99-324 July 28, 1999 The Act to amend the Copyright Act (Bill C-32) contains provisions which greatly increased the ability of exclusive distributors in Canada to protect their exclusive distribution rights in the Canadian market against the parallel importation of printed books. Parallel importation refers to books which were legitimately produced in their country of origin but which have been imported into Canada without the consent of the rights owner in Canada. The regulations set out standards which exclusive distributors are required to adhere to in order to benefit from the additional protection they have under the regime. They also specify the categories of books that are partially or wholly excluded from the parallel importation provisions.
13.	Cinematographic Works (Right to Remuneration) Regulations SOR/99-194 April 22, 1999 Bill C-32, An Act to amend the Copyright Act, provides for new rights for performers. Among these is a right to remuneration in respect of cinematographic works embodying their performances. These Regulations prescribe the types of cinematographic works in which this right to remuneration is available. The right to remuneration is available only if the contract governing the embodiment of the performer's performance has been concluded on or after the date on which these Regulations came into force.
12.	Limitation of the Right to Equitable Remuneration of Certain Rome Convention Countries Statement SOR/99-143 March 19, 1999 Some Rome Convention countries do not extend to Canadian citizens and residents the same right to remuneration as the Canadian Copyright Act grants in its section 19. This statement limits accordingly the protection afforded in Canada to nationals of these countries.
11.	Regulations Defining "Advertising Revenues" SOR/98-447 August 31, 1998 Subsection 68.1(1)(a)(i) of the Copyright Act, as modified by Bill C-32, 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. This Regulations prescribes 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.
10.	Definition of "Wireless Transmission System" Regulations SOR/98-307 May 28, 1998 The revisions to the Copyright Act brought about by the adoption of Bill C-32 provide that the Copyright Board is now responsible for approving tariffs for the commonly referred to as "neighbouring rights" (the rights of performers and makers of sound recordings). This Regulations prescribe the meaning of the term "wireless transmission system", thus defining who will be the beneficiaries of the special and transitional royalty rate included in the Copyright Act pertaining to the royalties to be paid for these new rights.
9.	Copyright Regulations SOR/97-457 October 1, 1997 Copyright Rules have been repealed and replaced with this new Regulations. The changes were necessary in order to meet Canada's harmonization obligations under the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO) Agreement, to allow an increase in the copyright fees payable for services to accurately reflect the cost to the government of administering the copyright registration system, and to modernize the copyright registration process administered by the Copyright Office.
8.	Regulations Establishing the Period for Royalty Entitlements of Non-members of Collecting Bodies SOR/97-164 March 19, 1997 (Modified by SOR/2004-152, see Regulations No. 18) 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 collecting body to act on the owner's 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. Paragraph 76(3)(b)(v) provides that the Board may, by regulation, establish a period of not less than twelve months from the date of the retranmission within which this entitlement must be exercised. These Regulations establish that period at two years after the end of the calendar year in which the retransmission occurred, where the retransmission occurred on January 1, 1997 or after.
7.	Reproduction of Federal Law Order SI/97-5 December 9, 1996 Federal statutes and regulations and the decisions of courts and tribunals can be copied without the usual restrictions on Crown copyrighted materials. There is no requirement to seek permission and there are no fees. This measure applies only to federal Crown copyrighted material and has no effect on privately copyrighted material that is added to or packaged with primary federal legal information.
6.	Definition of "Small Cable Transmission System" Regulations SOR/94-755 December 6, 1994 Sections 67.1 and 68 [formerly 67, 67.1 and 67.2] of the Copyright Act give the Copyright Board the power to set fees for the telecommunication to the public of musical works. Subsection 68.1(4) [formerly 67.2(1.1)] provides that when certifying such a tariff, the Board must set a preferential rate for small cable transmission systems. The Definition of Small Cable Transmission System Regulations define a small cable transmission system as a cable transmission system that transmits a signal, with or without a fee, to not more than 2,000 premises in the same licensed area. There are some exceptions to this definition.
5.	Amendment to Definition of Small Retransmission Systems Regulations SOR/94-754 May 6, 1994 Subsections 71(1) to 76(4) [formerly sections 70.61 to 70.67] of the Copyright Act give the Copyright Board the power to set fees for the retransmission of distant broadcast (i.e. available over-the-air) radio and television signals. Subsection 74(1) [formerly 70.64(1)] provides that when certifying such a tariff, the Board must set a preferential rate for small retransmission systems. The Definition of Small Retransmission System Regulations define a small retransmission system as a cable retransmission system, or a terrestrial retransmission system that retransmits a signal, with or without a fee, to not more than 2,000 premises in the same licensed area. There are some exceptions to this definition.
4.	Programming Undertaking Regulations SOR/93-436 August 26, 1993 Subsection 2.4(1) [formerly 3(1.4)] of the Copyright Act provides that the persons who are part of programming undertaking whose operations result in the communication of works to the public by telecommunication are jointly and severally liable for that communication. The Programming Undertaking Regulations define a "programming undertaking" as a network (other than a network within the meaning of the Broadcasting Act) consisting of a person who transmits by telecommunication programming to another person who, in turn, communicates that programming to the public by telecommunication.
3.	Retransmission Royalties Criteria Regulations SOR/91-690 November 28, 1991 The Regulations establish the criteria to which the Copyright Board must have regard, amongst others, in setting retransmission tariffs.
2.	Definition of Small Retransmission Systems Regulations SOR/89-255 May 9, 1989 (Modified by SOR/94-754, see Regulations No. 5) The Regulations define the "Small Retransmission Systems", for the purpose of subsection 74(1) [formerly 70.64(1)] of the Copyright Act, as a cable retransmission system or a terrestrial retransmission system utilizing Hertzian waves that retransmits a signal, with or without a fee, to no more than 1,000 premises in the same community.
1.	Local Signal and Distant Signal Regulations SOR/89-254 May 9, 1989 (Modified by SOR/2004-33, see Regulations No. 18) Subsection 31(2) [formerly 28.01(2)] of the Copyright Act sets out conditions under which the retransmission of broadcast signals (i.e. available over-the-air) does not constitute an infringement of copyright. It also provides for the payment of royalties for the retransmission of distant (as opposed to local) signals. The Local Signal and Distant Signal Regulations define the terms "local signal" and "distant signal" for the purposes of that subsection.