moved:
Motion No. 36
That Bill C-32, in Clause 18, be amended by adding after line 8 on page 42 the following:
"30.9 (1) Notwithstanding any other provision in this Act, there is deemed to have been no infringement of copyright where a broadcasting undertaking, within the meaning of the Broadcasting Act, on or after August 16, 1990, but before the coming into force of section 30.8, fixed or reproduced a performer's performance or work, other than a cinematographic work or sound recording, if the undertaking a ) was authorized to communicate the performer's performance, work or sound recording to the public by telecommunication; b ) made the fixation or the reproduction itself, for its own broadcasts; and c ) did not use the fixation or reproduction to promote a commercial product or service.
(2) For greater certainty, paragraph (1)( a ) applies in respect of any proceeding commenced on or after August 16, 1990, but not concluded before the coming into force of section 30.8, and paragraph (1)( b ) does not affect any proceeding commenced on or after August 16, 1990, but concluded before the coming into force of section 30.8, or any order made pursuant to that proceeding.''
Motion No. 37
That Bill C-32, in Clause 18, be amended by adding after line 8 on page 42 the following:
"30.9 It is not an infringement of copyright for any broadcaster to reproduce any work, performer's performance or sound recording that it is legally entitled to broadcast solely for the purposes of transferring that work, performer's performance or sound recording to a technical format that is appropriate for the purposes of its broadcasts, provided that all such reproductions shall be destroyed immediately when the broadcaster ceases to be legally entitled to broadcast the work or other subject-matter.
30.10 (1) Notwithstanding any other provision in this Act, there is deemed to have been no infringement of copyright where a broadcaster, on or after August 16, 1990 but before the coming into force of section 30.9, reproduced any work, performer's performance or sound recording that it was legally entitled to broadcast solely for the purposes of transferring that work, performer's performance or sound recording to a technical format that was appropriate for the purposes of its broadcasts, provided that all such reproductions shall be destroyed immediately after the day section 30.9 comes into force where the broadcaster on or before that day ceases to be legally entitled to broadcast the work or other subject-matter.
(2) For greater certainty, subsection (1) a ) applies in respect of any proceeding commenced on or after August 16, 1990, but not concluded before the coming into force of section 30.8; and b ) does not affect any proceeding commenced on or after August 16, 1990, but concluded before the coming into force of section 30.8, or any order made pursuant to that proceeding.''