Copying and Showing Radio and Television Programs
Copyright Law
Prior to January 1, 1999, any copies of radio and television programs taped without the copyright owners’ authorization were illegal.
On January 1, 1999, two educational exceptions in the Copyright Act came into force. Since then, educational institutions and persons acting under their authority can, without the copyright owners’ authorization, tape radio and television programs at the time they are broadcast and show those tapes in the classroom. Educational institutions can:
- Tape news and news commentary programs* and show them for
up to one
year without having to pay royalties. After that, they must pay royalties in an amount set by the copyright Board.
- Tape other programs and keep them for assessment purposes for up to 30 days. If they keep the tape any longer, or if they show the tape at any time,they must pay royalties in an amount set by the Copyright Board
Appendix A provides guidelines for distinguishing between news programs, news commentary programs, and other programs such as documentaries.
Record-keeping Regulations
Since August 31, 2001, federal regulations require that educational institutions complete a record-keeping form (see attached Schedule) every time a radio or television program is taped for classroom use, with one "72-hour exception." An institution that does not complete the required form infringes copyright. Infringement triggers a number of well-established - and costly - penalties.
The 72-hour exception
An educational institution is not required to complete a form for taping news and news commentary programs if the tape is erased within 72 hours of its making. Record-keeping is still required if other programs are taped.
How to mark the copy
An educational institution must assign a reference number or code to every program copied, which must be written on the tape itself or on the container. The number or code will allow auditors from the collective, the Educational Rights Collective of Canada (ERCC), to compare tapes in school collections against the forms reporting copying that the school has sent to the collective.
Where to send the forms
Completed forms must be sent to ERCC. The collective was formed by the owners of the copyright in radio and television programs to collect royalties for the taping of radio and television programs for classroom use.
ERCC’s address is:
Educational
Rights Collective of Canada
P.O. Box 658
31 Adelaide Street East
Toronto, Ontario M5C 2J8
Fax: 416-368-8324
E-mail:info@ercc.ca
When to send the forms
The following dates should be noted:
After November 25, 2002, copies of all completed forms must be sent to ERCC every four months. The regulations specify that on or before January 31, May 31, and September 30 of each year, an educational institution must send a completed form for every tape made during the preceding four-month period.
When forms are sent, unless the information below has already been provided to ERCC and remains the same, the following must also be submitted:
- the name,
address, telephone number, facsimile number and e-mail contact
information for the person whom the educational institution
has designated as its contact for the purposes for all communications
with ERCC;
- the number
of preschool, elementary, or secondary full-time equivalent
(FTE) students;
- the number of postsecondary FTE students.
How long to keep the forms
After a copy of a taped program is erased or destroyed, an educational institution must keep the original record-keeping form for two years, or it can send the original to ERCC.
How to obtain a copy of the federal regulations
The Educational Program, Work and Other Subject-matter Record-keeping Regulations are available on the Copyright Board Web site: http://www.cb-cda.gc.ca/info/regulations/index-e.html
The ERCC Tariff for 2007-2011
The Copyright Board sets the tariff determining the amount of royalties to be collected by the ERCC from educational institutions in Canada, for the copying and performance of radio and television programs. The Copyright Board approved a tariff for 2007 - 2011.
The ERCC tariff is elective, not compulsory. Educational institutions have three options:
- Not
to pay the tariff
By not copying radio and television programs and continuing to purchase pre-recorded programming from distributors, educational institutions do not need to pay the tariff.
- To pay
a transactional tariff
For copying television programs under the transitional tariff, preschool, elementary and secondary educational institutions are required to pay $1.60 per minute; postsecondary institutions are required to pay $2.00 per minute. The program copy can be kept and used as long as it lasts.
For copying a radio program under the transactional tariff, preschool, elementary and secondary institutions are required to pay $0.13 per minute; postsecondary institutions are required to pay $0.17 per minute. The program copy can be kept and used as long as it lasts.
- To pay
a comprehensive tariff
For copying radio and television programs under the comprehensive tariff, preschool, elementary and secondary educational institutions are required to pay $1.73 per FTE, per calendar year; postsecondary institutions pay $1.89 per calendar year per FTE.
Converting from a comprehensive to a transactional tariff
Educational institutions wishing to convert from the comprehensive to the transactional tariff have two options:
- To erase
the tapes copied under the comprehensive rate within two years
for news programs and news commentary programs, and within
one year for other programs, in which case there is no conversion
charge payable.
- To pay a conversion charge for each tape they choose to keep. The charge is 50% of the transactional tariff rate per minute.
Retroactivity
For any programs taped between January 1, 1999, and August 31, 2001, when record-keeping regulations came into force, educational institutions have three options with respect to retroactive tariff payments:
- To pay
one dollar for any copy that is voluntarily reported and erased
no later than December 31, 2002.
- To pay
the transactional tariff for 2002, which provides for a 75%
discount on any voluntarily reported copy taped between January
1, 1999, and August 31, 2001, that is not erased by December
31, 2002.
- To pay the comprehensive tariff for 2002, which will apply to all voluntarily reported copies taped between January 1, 1999, and August 31, 2001. For example, in 2002, the comprehensive tariff for elementary and secondary institutions is $1.73 per FTE. If institutions convert from the comprehensive to the transactional tariff, a conversion charge equal to 25% of the applicable transactional tariff will apply. For example, in 2002, the conversion charge for elementary and secondary institutions is $0.40 per minute per copy.
Questions
If you have any questions regarding these matters, please feel free to contact John Tooth by e-mail at John.Tooth@gov.mb.ca, by telephone 945-7833, or toll free at 1-800-282-8069, ext. 7833.
Cable in the Classroom Programs
NOTE: Schools copying off-air and showing "Cable in the Classroom" (CITC) programs must complete the Record-Keeping Schedule (form) for each program. Under the subheader "Other Identifying Information" on the form, schools are advised to state "Cable in the Classroom" program. Royalties for this programming are applicable only after the rights have expired, normally one to three years.
CITC maintains that the completion of record-keeping forms for their programming is not required. Please be advised that there is no legal basis for this claim.