Copyright Board of Canada

Note to readers:

Update pending.

1. General Information

Background

The Copyright Board of Canada was created by a series of amendments to the Copyright Act which were proclaimed on February 1, 1989. It replaced the Copyright Appeal Board which had been responsible since 1935 for approving annual tariffs respecting the public performance of music. Bill C-32 (Act modifying the Copyright Act) which received Royal Assent on April 25, 1997, modifies the mandate of the Board by adding the responsibilities, among others, for the adoption of tariffs for the public performance and communication to the public by telecommunication of sound recordings of musical works, for the benefit of the performers of these works and of the makers of the sound recordings ("the neighbouring rights") and for the adoption of tariffs for private copying of recorded musical works, for the benefit of the rights owners in the works, the recorded performances and the sound recordings ("the home-taping regime").

Responsibilities

The Copyright Board of Canada is an independent administrative agency which has been conferred department status for purposes of the Financial Administration Act. Its mandate stems from the Copyright Act.

The Copyright Board of Canada plays a major role in the collective administration of copyright, particularly where the public performance and the communication to the public, by telecommunication, of musical works, as well as the retransmission of distant radio and television signals are concerned. The Board plays a surveillance role in three ways with respect to collective societies which administer very large repertoires of work created by a multitude of originators both in Canada and in other countries: as an economic regulatory body, by approving tariff proposals by the various copyright collective societies; as an arbitrator in private disputes; and as an arbitrator of the public interest.

The Board's principal mandate is to set royalties which are fair and reasonable for both copyright owners and the users of copyright-protected works, as well as issuing non-exclusive licences authorizing the fully legal use of works when the copyright owner cannot be located.

The Board reports annually to Parliament through the Minister of Industry.

2. Institutional Functions, Programs and Activities

Copyright Tariff Setting and Issuance of Licences

The Board is an economic regulatory body empowered to establish, either mandatorily or at the request of an interested party, the royalties to be paid for the use of copyrighted works, when the administration of such copyright is entrusted to a collective-administration society. The Board also has the right to supervise agreements between users and licensing bodies and issues licences when the copyright owner cannot be located.

Copyright Board of Canada Records

Description: These records contain the documentation related to the processing of a tariff proposal or licence application before the Copyright Board of Canada, including all the papers, submissions, evidence and exhibits provided by the parties and intervenors before, during and after the hearing. Decisions of the Board, the reasons for the decisions, notices of any proceedings before a higher court and decisions of the higher courts and agreements between collective societies and users filed with the Board also form part of the record.

Document Types: Collective societies representing copyright owners. Objections by users of copyrighted works administered by collective societies. Applications for arbitration, when the parties (collective society or user) are unable to agree on the royalties or the related terms and conditions. Applications for non-exclusive licences to use published works, fixed performances, published sound recordings and fixed communication signals when the copyright owner is unlocatable.

Record Number: CB SEC 035

Copyright Appeal Board Records
 – Bank number: CB PPU 020

Description: The record contains the documentation related to the processing of any action before the former Copyright Appeal Board including all the papers, submissions, evidence and exhibits provided by the parties in the action before, during and after the hearing. Decisions of the Board, the reasons for the decisions, notices of proceedings before a higher court and decisions of higher courts also form part of the record.

Class of Individuals: Users of copyrighted musical works who have filed objections to proposed statements of royalties for the public performance of music, collective societies representing owners of copyright in musical works, which filed proposed statements of royalties before the Copyright Appeal Board.

Purpose: This bank records the proceedings before the former Copyright Appeal Board.

Consistent Uses: The information in this bank may be used for reference purposes.

Retention and Disposal Standards: These records are retained for an indeterminate period.

RDA Number: TBD

Related Record Number: CB SEC 035

TBS Registration: 003066

Bank Number: CB PPU 020

Letters of Comment
 – Bank number: CB PPU 015

Description: This bank contains the letters of comment the Board receives from the public concerning its decisions.

Class of Individuals: Individuals and organizations who have addressed letters of comment to the Copyright Board of Canada.

Purpose: These records enable the Board to measure the impact of its decisions.

Consistent Uses: The information in this bank may be used for reference purposes.

Retention and Disposal Standards: To be determined

RDA Number: TBD

Related Record Number: CB SEC 035

TBS Registration: 003065

Bank Number: CB PPU 015

Internal Services

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

Acquisitions

Acquisition Services involve activities undertaken to acquire a good or service to fulfil a properly completed request (including a complete and accurate definition of requirements and certification that funds are available) until entering into or amending a contract.

Communications Services

Communications Services involve activities undertaken to ensure that Government of Canada communications are effectively managed, well coordinated and responsive to the diverse information needs of the public. The communications management function ensures that the public - internal or external - receives government information, and that the views and concerns of the public are taken into account in the planning, management and evaluation of policies, programs, services and initiatives.

Financial Management

Financial Management Services involve activities undertaken to ensure the prudent use of public resources, including planning, budgeting, accounting, reporting, control and oversight, analysis, decision support and advice, and financial systems.

Human Resources Management

Human Resources Management Services involve activities undertaken for determining strategic direction, allocating resources among services and processes, as well as activities relating to analyzing exposure to risk and determining appropriate countermeasures. They ensure that the service operations and programs of the federal government comply with applicable laws, regulations, policies, and/or plans.

Information Management

Information Management Services involve activities undertaken to achieve efficient and effective information management to support program and service delivery; foster informed decision making; facilitate accountability, transparency, and collaboration; and preserve and ensure access to information and records for the benefit of present and future generations.

Information Technology

Information Technology Services involve activities undertaken to achieve efficient and effective use of information technology to support government priorities and program delivery, to increase productivity, and to enhance services to the public.

Legal Services

Legal services involve activities undertaken to enable government departments and agencies to pursue policy, program and service delivery priorities and objectives within a legally sound framework.

Management And Oversight Services

Management and Oversight Services involve activities undertaken for determining strategic direction, and allocating resources among services and processes, as well as those activities related to analyzing exposure to risk and determining appropriate countermeasures. They ensure that the service operations and programs of the federal government comply with applicable laws, regulations, policies, and/or plans.

Materiel

Materiel Services involve activities undertaken to ensure that materiel can be managed by departments in a sustainable and financially responsible manner that supports the cost-effective and efficient delivery of government programs.

Real Property

Real Property Services involve activities undertaken to ensure real property is managed in a sustainable and financially responsible manner, throughout its life cycle, to support the cost-effective and efficient delivery of government programs.

Travel And Other Administrative Services

Travel and Other Administrative Services include Government of Canada (GC) travel services, as well as those other internal services that do not smoothly fit with any of the internal services categories.

Classes of Personal Information

Copyright Board of Canada Information Distribution

Files are kept on individuals and organizations to whom decisions, publications and other material generated by the Copyright Board of Canada are distributed. The specific information filed comprises: name, address, telephone number and official language preference of the individual or organization, and the material that is distributed. The information pertains to individuals who have requested information and to persons involved in the field of copyright designated by the Copyright Board of Canada for receipt of decisions, publications and other material generated by the Board. This bank serves for distribution, analytical and statistical purposes. Names and records are stored electronically on permanent distribution lists which are updated as the need arises.

Manuals

  • Administrative Guide
  • Copyright Board of Canada Procedures
  • Unlocatable Copyright Owners Brochure

3. Additional Information

Please see the introduction to this publication for information on access procedures under the provisions of the Access to Information Act and the Privacy Act.

For additional information about the programs and activities of the Copyright Board of Canada, please contact:

Manager, Corporate Services
56 Sparks Street, Suite 800
Ottawa, Ontario K1A 0C9

Telephone: 613-952-8621
Facsimile: 613-952-8630
E-mail: secretariat@cb-cda.gc.ca
Internet: www.cb-cda.gc.ca

Reading Room

In accordance with the Access to Information Act, an area on the premises of this institution has been designated as a public reading room. The address is:

56 Sparks Street, Suite 800
Ottawa, Ontario

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