Copyright and the Definition of Small Cable Transmission System

Act: Copyright Act, R.S.C. 1985, c. C-42
Regulation: Definition of "Small Cable Transmission System" Regulations, SOR/94-755 

To Whom Does This Apply?

Transmitters of radio and television signals (cable service operators, direct satellite-to-home service operators, etc.).

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, for which no permission is needed. The Act also provides, in certain cases, licensing schemes which include the setting of fees.

Sections 67, 67.1 and 68 of the Act give the Copyright Board the power to set fees for the telecommunication to the public of performer's performances of musical works or sound recordings embodying such performances. Subsection 68.1(4) 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 2000 premises in the same service areas. There are some exceptions to this definition.

Users are invited to contact the person(s) below for further information with respect to this definition and any exceptions.

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