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

SOR/2001-296

INTERPRETATION

Section 1.  

The definitions in this section apply in these Regulations.

Act means the Copyright Act.

collective society means a 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.

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.

educational institution identifier means the number or other reference code assigned to an educational institution in accordance with section 4.

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

APPLICATION

Section 2.  

These Regulations apply in respect of

GENERAL PROVISIONS

Section 3.  

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

Section 4.  

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

MARKING OF COPY

Section 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

Section 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

(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

Section 7.  

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

SENDING OF INFORMATION RECORD

Section 8.  

(1) Subject to subsection (2), an institution shall send to each collective society

(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

Section 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

Section 10.  

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

SCHEDULE – INFORMATION RECORD (Subsection 6(1))

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

Duration of segment copied: _____________ minutes

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

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



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