Vol. 139, No. 19 — May 7, 2005

COPYRIGHT BOARD

FILE: Retransmission 2004-2008

Statement of Proposed Royalties to Be Collected for the Retransmission of Distant Television Signals in Canada

In accordance with subsection 72(1) of the Copyright Act, the Copyright Board hereby publishes the statement of proposed royalties filed on March 29, 2005, by the Direct Response Television Collective (DRTVC) with respect to the royalties it proposes to collect, effective January 1, 2006, for the retransmission of distant television signals in Canada.

In accordance with the provisions of the same subsection, the Board hereby gives notice that all prospective retransmitters or their representatives who wish to object to the statement may file written objections with the Board, at the address indicated below, within 60 days of the present publication, that is no later than July 6, 2005.

Ottawa, May 7, 2005

CLAUDE MAJEAU
Secretary General
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
(613) 952-8621 (telephone)
(613) 952-8630 (facsimile)
majeau.claude@cb-cda.gc.ca (electronic mail)

STATEMENT OF PROPOSED ROYALTIES TO BE COLLECTED BY DIRECT RESPONSE TELEVISION COLLECTIVE FOR THE RETRANSMISSION OF DISTANT TELEVISION SIGNALS IN CANADA IN 2006, 2007 AND 2008

This Statement of Royalties is submitted on behalf of Direct Response Television Collective (DRTVC) listed in Appendix A (hereinafter the "collective society").

Short Title

1. This tariff may be cited as the Television Retransmission Tariff, 2006-2008.

Definitions

2. The complete text of section 2 of the proposed Television Retransmission Tariff 2004-•  (to be determined by the Copyright Board) as published in the Supplement to the Canada Gazette, Part I, on July 12, 2003, by the Copyright Board of Canada is adopted in its entirety and is herein incorporated by reference.

Application

3. This tariff applies to the retransmission of one or more distant signals that carry any work, including any underlying work embodied therein, in which the copyright is owned or controlled by a person that is represented by the collective society listed in Appendix A.

THE TARIFF

4 to 37. The complete text of sections 4 through 37 inclusive of the proposed Television Retransmission Tariff 2004-•  (to be determined by the Copyright Board) as published in the Supplement to the Canada Gazette, Part I, on July 12, 2003, by the Copyright Board of Canada is adopted in its entirety and is herein incorporated by reference.

APPENDIX A: COLLECTIVE SOCIETY

TELEVISION TARIFF

Direct Response Television Collective Inc. (DRTVC)
c/o Borden Ladner Gervais
1000 de La Gauchetière Street West, Suite 900
Montréal, Quebec H3B 5H4
(514) 954-3171 (telephone)
(514) 954-1905 (facsimile)

APPENDIX B

TELEVISION FORMS

Forms 1 through 8 as set out in Appendix B to the proposed Television Retransmission Tariff 2004-•  (to be determined by the Copyright Board) as published in the Supplement to the Canada Gazette, Part I, on July 12, 2003, by the Copyright Board of Canada are adopted in their entirety and are herein incorporated by reference, subject to the following amendments:

1. Form 2: Small Retransmission Systems Declaration. The table in Section F is amended by adding Direct Response Television Collective (DRTVC) as an additional collective society.

2. Form 3: Information about Premises Served – Royalty Calculation. The final table in Form 3 is amended by adding Direct Response Television Collective (DRTVC) as an additional collective society.

APPENDIX C

CATEGORIES OF WORKS CLAIMED TO BE REPRESENTED BY DIRECT RESPONSE TELEVISION COLLECTIVE AND PERCENTAGE OF OVERALL ROYALTY TO WHICH DIRECT RESPONSE TELEVISION COLLECTIVE CLAIMS TO BE ENTITLED

Note: Any term used herein which is defined in the prefixed tariff or in Appendix A has the same meaning as if used in the prefixed tariff or in Appendix A.

DIRECT RESPONSE TELEVISION COLLECTIVE (DRTVC)

Identification: DRTVC is a company incorporated under Part 1.A of the Companies Act (Québec). It is a collective society within the meaning of subsection 71(1) of the Copyright Act. Its purpose is to represent by way of assignment, licence, appointment of agent or otherwise (as may be agreed between it and the claimant) the interest of all persons, firms and corporations that are now or may hereafter be entitled to assert a claim for a royalty in respect of the retransmission of certain television programs by a retransmitter by means of one or more distant signals.

Categories of works claimed to be represented by DRTVC

All television programs and underlying works in the form of direct response television programming (defined as "infomercials" in the Television Retransmission Tariff, 2001-2003, certified by the Copyright Board), including all television programs and underlying works (excluding programming which is predominantly religious or devotional in nature) whose broadcast is subject to the producer, program owner or program distributor buying airtime, in respect of which retransmission royalties may be claimed.

Percentage of overall royalty claimed by the DRTVC

12 per cent of the overall royalty payable by retransmitters

Term of Tariff proposed by DRTVC

DRTVC proposes that this Statement of Royalties apply to the years 2006 to 2008.

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).