The Regulation of New Media Broadcasting in Canada


Danistan Saverimuthu


VOL. XIX • Winter 2001 • NO. 2 (table of contents)

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Broadcasters in both the U.S. and Canada were perplexed when began intercepting American and Canadian television signals and began broadcasting them for free over the Internet. Broadcasters in Canada contend that these type of actions constitute a violation of section 3 of the Canadian Copyright Act. Provisions of section 31(2) of the Copyright Act appear to allow new media broadcasters to rebroadcast signals in return for paying a tariff, however, these criterion must be meet: the communication must be a retransmission of a local or distant signal, the transmission must be lawful under the Broadcasting Act, the signal must be transmitted simultaneously and in its entirety, and a royalty must be paid. Canadian broadcasters also contend that new media broadcasters activities amount to secondary infringement, arguing foreign programming licenses would be jeopardized. is currently working on technology that will only allow Canadians to view these programs and thus new media broadcasters will evade liablity for secondary infringement. Compared to the current state of American copyright law, new media broadcasters in America do not enjoy such freedom. New media broadcasters must negotiate licensing agreements between the traditional broadcasters and new media broadcasters.

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