Further on Bill C-32, I've copied this part of the backgrounder. The complete
text of the backgrounder can be found at:
http://www.pch.gc.ca/main/c32/back.htm
While there, take a look at our homepage at:
http://www.pch.gc.ca/main-e.htm For the French version, change the 'e' in
main-e.htm to 'f'.
II. Private Copying
Authors (composers and lyricists), as well as producers of sound recordings
currently have the exclusive right to authorize the reproduction of their
creations. However, consumers have been making copies of sound recordings for
close to three decades now. As enforcement is effectively impossible, these
creators cannot protect their rights and collect the royalties they are due.
The amendments recognize this practice. The private copying regime is designed
to permit authors (composers and lyricists), performers and producers of sound
recordings to be paid for private copying. The levy will be collected on all
blank audio media such as cassettes and tapes, made or imported, and sold in
Canada. The proceeds from the levy will be redistributed to eligible composers,
lyricists, performers and producers of sound recordings through their
professional associations or collectives. The recent report of the Task Force on
the Future of the Canadian Music Industry noted that nearly 44 million blank
tapes were sold in Canada in 1995. The Task Force estimates 39 million of these
were used by consumers to copy sound recordings.
The Copyright Board will determine the amount of the levy. In doing so, it will
take into consideration the views of interested parties; the nature of the North
American sound recording industry; the amount of the levies payable under
comparable laws in the more than 20 countries which have private copying
schemes; and, any prescribed criteria. The first tariff will be in effect for
two years.
III. Exceptions
The general rule is that exceptions may allow for the use of protected works in
certain special cases without authorization or payment, provided that the said
use does not adversely affect the normal exploitation of the work or the
author's interests. To ensure access for certain type of users of copyright
materials, the current Copyright Act recognizes certain exceptions for
reasons of public interest. The proposed amendments provide additional
exceptions or special measures for specific users:
Non-profit educational institutions will be allowed at no cost to
reproduce, use and perform copyright materials in the classroom with
restrictions. They will also be able to make use of copyright materials for
assignments, tests or exams, unless suitable commercially available
substitutes exist. They may reproduce and use news and commentary from
radio and television broadcasts for educational use on the premises for a
period of one year from the date of taping. All other types of TV programs
may be reproduced without permission and examined for up to 30 days to
determine whether the copy will be used on the premises for educational
purposes. If so, a royalty set by the Copyright Board will apply both
for the reproduction and for each use.
Non-profit libraries, archives, and museums will be able to make a copy of
published or unpublished works -- so long as copies are not commercially
available in a medium and of a quality that meets the users' needs-- in
order to maintain or manage their permanent collections. They will be able
to reproduce an entire article in a newspaper or magazine if the edition is
at least 12 months old at the time of copying, and provided the copy is
used for private study or for research purposes. They will also be able to
make a single copy of an article from a scientific, technical or scholarly
journal at any time. They will benefit from limited liability for
photocopying within the institution, provided copyright notices are posted.
Any person with perceptual disabilities will be able to have a single copy
of a dramatic, musical or literary work made in certain alternate formats,
such as Braille or a talking book, provided a work in the alternate format
is not already commercially available. The reproduction of more than one
copy of the work into an alternate format will be subject to royalties to
be set by the Copyright Board.
I didn't see anything specifically on what you were wondering, but then again, I
didn't read the bill.
Paul
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