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The very important topic of royalty distribution is addressed
in Part VIII of the Copyright Act. Like collection, responsibility
for distributing private copying royalties rests with copyright
holders directly. This is because private copying royalties
are not monies collected for public purposes but income for
individual copyright holders. For practical reasons, the Act
also stipulates that distribution be handled centrally, by
a body designated by the Copyright Board. In all of its decisions
to date, the Copyright Board has assigned this role to the
Canadian Private Copying Collective
or CPCC. CPCC is an umbrella organization that represents
songwriters, recording artists, music publishers and record
companies -- the groups on whose behalf private copying royalties
are collected.
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The Copyright Act identifies
the general types of copyright holder on whose behalf private
copying royalties are collected and are eligible for payment.
Songwriters, music publishers, recording artists and record
companies – those with rights in the music copied –
are all eligible. While songwriters and music publishers are
eligible regardless of nationality, only Canadian recording
artists and record companies may receive payments under current
law.
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Responsibility for distributing private copying royalties
rests with CPCC, the body that also collects the royalties.
This is a role assigned to CPCC by the Copyright Board. The
Copyright Board also designates the proportion of total royalties
that forms the basis of distributions amongst each of the three
basic groups eligible to receive payments: songwriters and publishers,
recording artists, and record companies. Like the assignment
of responsibility for distribution, these allocations are set
down in the private
copying tariffs .* From there, CPCC must divide the funds
amongst individual copyright holders. Conservatively, one song
will trigger as many as 12 payments. Although it has taken similar
but bigger organizations in other countries far longer to effect
their first distributions, CPCC began making payments early
in 2003. In January, CPCC carried out the first of a series
of payments being made from the over $28 million in private
copying royalties available for distribution from 2000 and 2001.
2003 will also see payment from the additional $26 million available
from 2002. CPCC has devised a process that will permit these
funds to be distributed fairly amongst tens of thousands of
copyright holders. A non-profit corporation run by copyright
holders, CPCC withholds only those funds necessary to defray
its costs of administration.
| * Allocations for 2000 differ
from those set out s. 5 of the Private Copying Tariff,
1999-2000, reflecting instead allocations previously agreed
between CPCC member collectives. This agreement has been
filed with the Copyright Board and is acknowledged by
it as a legitimate basis of payment. |
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