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| Because technologies come and go and the value of private
copying can change over time, the Copyright
Act does not fix the types of media to which a royalty
for private copying should attach or the amount of any royalties.
Rather, it sets up a framework that allows for periodic review.
Under the Act, responsibility for deciding these matters and
others necessary for the proper day-to-day administration of
the private copying regime rests with Canada's
Copyright Board, an economic regulatory body that specializes
in copyright matters. The Copyright Board's decisions are referred
to as private copying tariffs. |
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| The process by which private copying tariffs are decided
is set down in Part VIII of the Copyright
Act. The onus of seeking a tariff rests with copyright
holders, who must initiate the process by filing a proposal
with the Copyright Board. The Copyright Board is then required
to publish the proposal in the Canada Gazette.
The purpose of publication is to give notice to members of the
public of their right to object. The Act stipulates that any
objection be filed within 60 days of publication. Upon expiry
of the 60-day period, the actual hearing process that produces
tariff decisions begins to actively unfold. This culminates
in a formal hearing at which both objectors and copyright holders
have an opportunity to present evidence and arguments so that
they can be taken into account by the Copyright Board before
rendering its decision. Once decided, private copying tariffs
are published in the Canada Gazette.
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