NORTH AMERICA
Canada
Copyright guidelines in Canada are estblished by the Canadian Parliament under the Canadian Copyright Act. As Canada is a signatory of international conventions, the country's Act and Regulations grants composers and recognizes the separate rights to reproduce copies in sheet music or recording (both mechanical and synchronization); and public performance or broadcast rights. Similar to the U.S., a copyright exists from the moment the work is created and it is not necessary to register with government agency. However, if a question arises concerning ownership then the advantage is to have the work copyrighted. The copyright protection runs the length of one's life and 50 years thereafter.
CIPO (OPIC). Canadian Intellectual Property Office (Office de la Propriete Intellectuelle du Canada) Located in Quebec, Canada, and is responsible for the registration, granting and administration of copyrights in Canada. <LI>
www.cipo.gc.ca/ <LI>
www.canada.justice.gc.ca/ (Complete copies of the Copyright Act and Copyright Regulations).An application is sent to the Canadian Intellectual Property Office (CIPO) (Office de la Propriete Intellectuelle du Canada) (OPIC), Copyright Office, Registrar of Copyrights. Presently, the fee is CAN$65. An application can be submitted via the World Wide Web. One does not send a physical copy of the work nor is it to be delivered to their office. Rather, a copy of the work is delivered to the National Library of Canada, Legal Deposit, if it has been published in Canada. CIPO is also responsible for granting patents and trademarks.
Compensation royalty rates and schedules related to the usage of copyrighted music used within Canada are established by the
Copyright Board of Canada (Commission du Droit d'Auteur Canada). The Copyright Board is an "economic regulatory party" only and does not draft legislation related to copyright nor does it engage in the actual administration of copyrighted material (this is done by CIPO / OPIC).
Recently the
CPCC / SCPCP (Canadian Private Copying Collective / La Société Canadienne de Perception de la Copie Privée) petitioned the Copyright Board of Canada to revise the levy (it is not a tax collected by the Canadian government, rather it is paid by manufacturers to a collective) schedule (Private Copying Tariff) on blank audio recording media, on the behalf of Canadian composers, musicians, singers, songwriters, music publishers, recording artists and record labels domiciled in Canada. The 1997 amendment of the Copyright Act (Bill C-32) granted Canadian citizens the right to record commercially released musical sound recordings for personal, private use only (fair usage). At that time the "levy" was imposed on specific blank recording media (audiocassette, CD-R/RW, CD Audio-R/RW and MiniDisc formats). The levy is actually based on the total storage capacity of the media. The CPCC / SCPCP has requested that the levy schedule be revised to now include DVD, MP3 players and removable/non-removable flash memory, memory cards and microdrive formats used in MP3 players, for the 2003 and 2004 schedule years. Again, the levy would be based on the total storage capacity of the device.
The CPCC is authorized by The Copyright Board of Canada to collect and disburse the sums collected under the Private Copying Tariff. The CPCC is also authorized to disburse the sums collected to the various Canadian socites, which includes Canadian Mechanical Reproduction Rights Agency (CMRRA), Neighbouring Rights Collective of Canada (NRCC), Société de gestion des droits des artistes-musiciens (SOGEDAM), Society for Reproduction Rights of Authors, Composers and Publishers in Canada (SODRAC), and the Society of Composers, Authors and Music Publishers of Canada (SOCAN).
Presently, for the 2001 and 2002 schedule, the levy (tariff) is as follows:
- Audio Cassettes (40 minutes or more in length): CAN 29¢
- CD-R or CD-RW: CAN 21¢
- CD-R Audio, CD-RW Audio or MiniDisc: CAN 77¢
The collected levy is distributed as follows:
- Eligible Authors and Composers: 66.0%
- Eligible Performers: 18.9%
- Eligible Recording Companies: 15.1%
Performance rights (radio or television broadcast and live) of the underlying musical composition in Canada are administered and licensed (with the exception of complete dramatic operas) by
SOCAN (Society of Composers, Authors and Music Publishers of Canada). The organization membership consists of lyricists, composers, songwriters and publishers. There is no fee for membership but there are minimum guidelines for application.
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