Copyright and Programming Undertakings

Act: Copyright Act, R.S.C. 1985, c. C-42
Regulation: Programming Undertaking Regulations, SOR/93-436 

To Whom Does This Apply?

Transmitters of radio and television signals (cable service operators, direct satellite-to-home service operators, etc.); non-broadcast (i.e. not over-the-air) radio and television service providers. 

Summary

The Copyright Act governs all aspects of copyright in Canada. This includes not only the right to copy a work, but also (among other things) the right to perform, translate or adapt it and the right to communicate the work to the public by telecommunication. The Act defines "protected" uses (for which the author's permission is needed) and uses that do not constitute an infringement of copyright, and for which no permission is needed. The Act also provides, in certain cases, licensing schemes which include the setting of fees.

Subsection 2.4(c)ii of the 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.

Users are invited to contact the person(s) below for further information on the definition of "local signal" and "distant signal".

For copyright legislation and regulations, please visit the Department of Justice Web site.

For decisions of the Copyright Board, please visit the Copyright Board of Canada's Web site. 

For information and news about copyright reform, please visit Industry Canada's Intellectual Property Policy Directorate Web site.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Manitoba Contact(s):
See National Contact. 

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National Contact(s):
Intellectual Property Policy Directorate
Marketplace Framework Policy Branch
Industry Canada
10th Floor, East Tower
235 Queen Street
Ottawa, Ontario  K1A 0H5
Telephone: 613-952-8462
Web site: http://www.ic.gc.ca/epic/site/ippd-dppi.nsf/en/Home