10. Another Perspective

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

Collective Administration of Retransmission Rights

Copyright subsists in works that are retransmitted via broadcast technologies when the works are retransmitted to the public. Royalties are owed to the copyright holders when their works are retransmitted to the public by distant signal. The Copyright Board sets the fee schedule for these payments, and the Copyright Act provides for special collective societies to collect and redistribute the fees associated with retransmitted works. As with performing rights societies, the collective societies that administer retransmission rights must file a proposed statement of fees with the Copyright Board. Objections may be filed by interested parties, and the Board must consider such objections when making final decisions about fees. Collecting bodies do not hold a common-law right to license works individually within their repertoires, but they hold statutory rights to enforce the payment of fees through the court system.9

If a copyright holder of a retransmitted work is not a member of a collecting body, he or she must bring an application before the Copyright Board to have a collecting body designated to act on his or her behalf. Copyright holders hold no individual rights to collect royalties owed them because of the retransmission of their works. Copyright Act regulations require that copyright holders file their claims within two years from the time the retransmission occurred.10

Introduction to
Managing Digital Assets