Copyright and the Definition of Small Retransmission Systems

Act: Copyright Act, R.S.C. 1985, c. C-42
Regulation: Definition of Small Retransmission Systems Regulations, SOR/89-255 

To Whom Does This Apply?

Retransmitters of radio and television broadcast 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.

Section 73.(1) of the Act gives the Copyright Board the power to set fees for the retransmission of distant broadcast (i.e. available over-the-air) radio and television signals. Section 74 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 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