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Educational Program, Work and Other Subject-matter Record- keeping Regulations

SOR/2001-296 COPYRIGHT ACT

Registration 2001-08-01

Educational Program, Work and Other Subject-matter Record-keeping Regulations

P.C. 2001-1404 2001-08-01

The Copyright Board, pursuant to subsection 29.9(2) of the Copyright Act, hereby makes the annexed Educational Program, Work and Other Subject-matter Record-keeping Regulations.

S.C. 1997, c. 24, s. 18(1) Ottawa, July 18, 2001

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsection 29.9(2) of the Copyright Act, hereby approves the making by the Copyright Board of the annexed Educational Program, Work and Other Subject-matter Record-keeping Regulations.

Interpretation 1 The definitions in this section apply in these Regulations.

Act means the Copyright Act. (Loi)

collective society means a collective society that carries on the business of collecting the royalties referred to in subsection 29.6(2) or 29.7(2) or (3) of the Act under a tariff that has been certified as an approved tariff pursuant to paragraph 73(1)(d) of the Act. (société de gestion)

copy identifier means the number or other reference code assigned to the copy of a program, work or subject-matter in accordance with section 3. (code d’identification de l’exemplaire)

educational institution identifier means the number or other reference code assigned to an educational institution in accordance with section 4. (code d’identification de l’établissement d’enseignement)

institution means an educational institution or a person acting under its authority. (établissement)

Application 2 These Regulations apply in respect of

(a) copies of news programs and news commentary programs that are made pursuant to paragraph 29.6(1)(a) of the Act; and

a

a

a

(b) copies of works and other subject-matter that are made pursuant to paragraph 29.7(1)(a) of the Act.

General Provisions 3 An institution shall assign a number or other reference code to every copy of a program, work or subject-matter that it makes.

4 A collective society may assign a number or other reference code to an educational institution.

Marking of Copy 5 An institution that makes a copy of a program, work or subject-matter shall mark on the copy, or on its container, the copy identifier and, if applicable, the educational institution identifier.

Recording of Information 6 (1) Subject to subsection (2), an institution that makes a copy of a program, work or subject-matter shall complete, in a legible manner, an information record in the form set out in the schedule regarding

(a) the copying of the program, work or subject-matter;

(b) all performances in public of the copy for which royalties are payable under subsection 29.6(2) or 29.7(2) or (3) of the Act; and

(c) the destruction of the copy.

(2) Subsection (1) does not apply to the copy of a program made pursuant to paragraph 29.6(1)(a) of the Act if the copy is destroyed, in a manner that complies with section 7, within 72 hours after the making of the copy.

Destruction of Copy 7 Destruction of a copy of a program, work or subject-matter shall be accomplished by

(a) destroying the medium onto which the program, work or subject-matter was copied; or

(b) erasing the copy of the program, work or subject-matter from the medium.

Sending of Information Record 8 (1) Subject to subsection (2), an institution shall send to each collective society

(a) within 30 days after the date on which the Board first certifies a tariff as an approved tariff pursuant to paragraph 73(1)(d) of the Act, a copy of every information record on which entries have been made during the period between the date on which these Regulations come into force and the date on which the tariff was certified; and

(b) after that, on or before January 31, May 31 and September 30 in each year, a copy of every information record on which entries have been made during the four months preceding the month in which the record is sent.

(2) Once a copy of a program, work or subject-matter has been destroyed, the institution may send the original information record in respect of the copy to a collective society.

Retention of Information Record 9 An institution shall retain the original information record in respect of a copy of a program, work or subject-matter until two years after the copy is destroyed unless, during that time, the institution sends the original information record to a collective society.

Coming into Force 10 These Regulations come into force on the 30th day after the day on which they are registered.

SCHEDULE (Subsection 6(1))

Information Record Educational Institution identifier (if assigned):

Name and address of institution:

Contact name:

Telephone: Facsimile: E- mail:

Details of Program, Work or Subject-matter Copy identifier:

Title of program, work or subject-matter:

Other identifying information:

Duration of segment copied: minutes

Date of broadcast (yy/mm/dd): Time of

broadcast:

[e.g. episode title, subject, segment description, song title(s)]

Name, network, call sign or other identifier of the broadcaster:

Record of Public Performances (List only performances for which royalties are payable)

yy/mm/dd yy/mm/dd

(Use separate sheet to list additional performances)

Record of Destruction I certify that the copy of the program, work or subject-matter identified above has been destroyed.

Name: Title:

Signature: Date of Destruction (yy/mm/dd):