10. Another Perspective

B. Options for Administration of Intellectual Property Rights in
CCCanadian Cultural Heritage Institutions (continued)

Collective Administration in Canada: A Legal Framework

Collective administration in its current form is fairly new in Canada. Although the Canadian Performing Rights Society was founded in 1925 to administer performing rights, the Canadian Copyright Act provided only for collective administration for the public performance of musical works from 1931 until 1988. In 1988, collective administration of copyright was expanded to include literary, dramatic, and artistic works. Collective administration of the retransmission of distant broadcast signals was added in a separate amendment to the Act in 1988. Thus collective administration of copyright is a relatively new phenomenon for most intellectual property in Canada, except for musical works, which have enjoyed the benefits of collective administration of copyright for over sixty years.2

With the 1988 amendments to Canada’s Copyright Act, a new and comprehensive scheme for managing intellectual property was introduced. Unlike the U.S. experience, collective administration in Canada became subject to a Copyright Board, an independent administrative tribunal that rules on the rates that collective societies may charge for the use of works in their repertoires. The Board holds jurisdiction over collective societies filing their agreements with the Copyright Board.3 In certain circumstances the Board also holds the jurisdiction to settle disputes over rates and, in very limited circumstances, can rule on the interpretation of the Copyright Act.

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Introduction to
Managing Digital Assets