Chapter C-42

Copyright Act

An Act respecting copyright


SHORT TITLE

Short title
1. This Act may be cited as the Copyright Act. [R.S., c.C-30, s.1.]


INTERPRETATION

Definitions
2. In this Act,

"architectural work"
«oeuvre architecturale»
means any building or structure or any model of a building or structure;
"architectural work of art"
[Repealed, 1993, c.44, s.53]
"artistic work"
«oeuvre artistique»
includes paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanship, architectural works, and compilations of artistic works;
"Berne Convention country"
«pays partie à la Convention»
means a country that is a party to the Convention for the Protection of Literary and Artistic Works concluded at Berne on September 9, 1886, or any one of its revisions, including the Paris Act of 1971;
"Board"
«Commission»
means the Copyright Board established by subsection 66(1);
"book"
«livre»
includes every volume, part or division of a volume, pamphlet, sheet of letter-press, sheet of music, map, chart or plan separately published;
"choreographic work"
«oeuvre chorégraphique»
includes any work of choreography, whether or not it has any story line;
"cinematograph"
«oeuvre cinématographique »
includes any work expressed by any process analogous to cinematography but, in section 11.1, excludes works where the arrangement or acting form or the combination of incidents represented give the work an original character;
"collective work"
«recueil»
means
(a) an encyclopaedia, dictionary, year book or similar work,
(b) a newspaper, review, magazine or similar periodical, and
(c) any work written in distinct parts by different authors, or in which works or parts of works of different authors are incorporated;
"compilation"
«compilation»
means
(a) a work resulting from the selection or arrangement of literary, dramatic, musical or artistic works or of parts thereof, or
(b) a work resulting from the selection or arrangement of data;
"computer program"
«programme d'ordinateur»
means a set of instructions or statements, expressed, fixed, embodied or stored in any manner, that is to be used directly or indirectly in a computer in order to bring about a specific result;
"delivery"
«débit»
in relation to a lecture, includes delivery by means of any mechanical instrument;
"dramatic work"
«oeuvre dramatique »
includes
(a) any piece for recitation, choreographic work or mime, the scenic arrangement or acting form of which is fixed in writing or otherwise,
(b) any cinematograph, and
(c) any compilation of dramatic works;
"engravings"
«gravure»
includes etchings, lithographs, woodcuts, prints and other similar works, not being photographs;
"every original literary, dramatic, musical and artistic work"
«toute oeuvre littéraire, dramatique, musicale ou artistique originale»
includes every original production in the literary, scientific or artistic domain, whatever may be the mode or form of its expression, such as compilations, books, pamphlets and other writings, lectures, dramatic or dramatico-musical works, musical works, translations, illustrations, sketches and plastic works relative to geography, topography, architecture or science;
"Her Majesty's Realms and Territories"
«royaumes et territoires de Sa Majesté»
includes any territories under Her Majesty's protection to which an order in council made under section 28 of the Copyright Act, 1911, passed by the Parliament of the United Kingdom, relates;
"infringing"
«contrefaçon»
when applied to a copy of a work in which copyright subsists, means any copy, including any colourable imitation, made, or imported in contravention of this Act;
"lecture"
«conférence»
includes address, speech and sermon;
"legal representatives"
«représentants légaux»
includes heirs, executors, administrators, successors and assigns, or agents or attorneys who are thereunto duly authorized in writing;
"literary work"
«oeuvre littéraire»
includes tables, computer programs, and compilations of literary works;
"maker"
«producteur»
in relation to
(a) a cinematograph, or
(b) a record, perforated roll or other contrivance by means of which sounds may be mechanically reproduced,
means the person by whom the arrangements necessary for the making of the cinematograph or contrivance are undertaken;
"Minister"
«ministre»
except in section 44.1, means the Minister of Industry;
"moral rights"
«droits moraux»
means the rights described in subsection 14.1(1);
"musical work"
«oeuvre musicale»
means any work of music or musical composition, with or without words, and includes any compilation thereof;
"performance"
«représentation», «exécution», ou «audition»
means any acoustic representation of a work or any visual representation of a dramatic work, including a representation made by means of any mechanical instrument, radio receiving set or television receiving set;
"photograph"
«photographie»
includes photo-lithograph and any work expressed by any process analogous to photography;
"plate"
«planche»
includes any stereotype or other plate, stone, block, mould, matrix, transfer or negative used or intended to be used for printing or reproducing copies of any work, and any matrix or other appliance by which records, perforated rolls or other contrivances for the acoustic representation of the work are or are intended to be made;
"receiving device"
[Repealed, 1993, c.44, s.79]
"telecommunication"
«télécommunication»
means any transmission of signs, signals, writing, images or sounds or intelligence of any nature by wire, radio, visual, optical or other electromagnetic system;
"work"
«oeuvre»
includes the title thereof when such title is original and distinctive;
"work of joint authorship"
«oeuvre créée en collaboration»
means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors;
"work of sculpture"
«oeuvre de sculpture»
includes casts and models.
[R.S., 1985, c.C-42, s.2; R.S., 1985, c.10 (4th Supp.), s.1; 1988, c.65, s.61; 1992, c.1, s.145(F); 1993, c.23, s.1, c.44, ss. 53, 79; 1995, c.1, s.62.]

Compilations
2.1 (1) A compilation containing two or more of the categories of literary, dramatic, musical or artistic works shall be deemed to be a compilation of the category making up the most substantial part of the compilation.
Idem
(2) The mere fact that a work is included in a compilation does not increase, decrease or otherwise affect the protection conferred by this Act in respect of the copyright in the work or the moral rights in respect of the work. [1993, c.44, s.54.]


COPYRIGHT

Definition of "copyright"
3. (1) For the purposes of this Act, "copyright" means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform, or in the case of a lecture to deliver, the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, and includes the sole right
(a) to produce, reproduce, perform or publish any translation of the work,
(b) in the case of a dramatic work, to convert it into a novel or other non-dramatic work,
(c) in the case of a novel or other non-dramatic work, or of an artistic work, to convert it into a dramatic work, by way of performance in public or otherwise,
(d) in the case of a literary, dramatic or musical work, to make any record, perforated roll, cinematograph film or other contrivance by means of which the work may be mechanically performed or delivered,
(e) in the case of any literary, dramatic, musical or artistic work, to reproduce, adapt and publicly present the work by cinematograph,
(f) in the case of any literary, dramatic, musical or artistic work, to communicate the work to the public by telecommunication,
(g) to present at a public exhibition, for a purpose other than sale or hire, an artistic work created after June 7, 1988, other than a map, chart or plan, and
(h) in the case of a computer program that can be reproduced in the ordinary course of its use, other than by a reproduction during its execution in conjunction with a machine, device or computer, to rent out the computer program,
and to authorize any such acts.
Simultaneous fixing
(1.1) A work that is communicated in the manner described in paragraph (1)(f) is fixed even if it is fixed simultaneously with its communication.
Interpretation
(1.2) For the purpose of paragraph (1)(f), persons who occupy apartments, hotel rooms or dwelling units situated in the same building are part of the public and a communication intended to be received exclusively by such persons is a communication to the public.
Restriction
(1.3) For the purpose of paragraph (1)(f), a person whose only act in respect of the communication of a work to the public consists of providing the means of telecommunication necessary for another person to so communicate the work does not communicate that work to the public.
Networks, programming undertakings
(1.4) For the purpose of paragraph (1)(f), where a person, as part of
(a) a network, within the meaning of the Broadcasting Act, whose operations result in the communication of works to the public, or
(b) any programming undertaking whose operations result in the communication of works to the public,
transmits by telecommunication a work that is communicated to the public by another person who is not a retransmitter of a signal within the meaning of subsection 28.01(1), the transmission and communication of the work by those persons constitute a single communication to the public for which those persons are jointly and severally liable.
Regulations
(1.41) The Governor in Council may make regulations defining "programming undertaking" for the purpose of subsection (1.4).
Exception
(1.5) A work is not communicated in the manner described in paragraph (1)(f) or subsection (1.4) where a signal carrying the work is retransmitted to a person who is a retransmitter to whom section 28.01 applies.
Rentals of computer programs
(2) For the purpose of paragraph (1)(h), an arrangement, whatever its form, constitutes a rental of a computer program if, and only if,
(a) it is in substance a rental, having regard to all the circumstances; and
(b) it is entered into with motive of gain in relation to the overall operations of the person who rents out the computer program.
Idem
(3) For the purpose of paragraph (2)(b), a person who rents out a computer program with the intention of recovering no more than the costs, including overhead, associated with the rental operations does not by that act alone have a motive of gain in relation to the rental operations.
Telecommunication to the public
(4) For the purposes of subsection (1), the act of communicating a work to the public by telecommunication does not constitute the act of performing or delivering the work in public, nor does it constitute an authorization to do the act of performing or delivering the work in public.
[R.S., 1985, c.C-42, s.3; R.S., 1985, c.10 (4th Supp.), s.2; 1988, c.65, s.62; 1993, c.23, s.2, c.44, s.55.]

Definition of "publication"
4. (1) For the purposes of this Act, "publication" means
(a) in relation to any work, making copies of the work available to the public,
(b) the construction of an architectural work, and
(c) the incorporation of an artistic work into an architectural work,
and does not include
(d) the performance in public of a literary, dramatic or musical work,
(e) the delivery in public of a lecture,
(f) the communication of a work to the public by telecommunication, or
(g) the exhibition in public of an artistic work,
but for the purpose of this provision, the issue of photographs and engravings of works of sculpture and architectural works shall not be deemed to be publication of those works.
When work not deemed to be published, etc.
(2) For the purposes of this Act, other than those relating to infringement of copyright, a work shall not be deemed to be published or performed in public or communicated to the public by telecommunication, and a lecture shall not be deemed to be delivered in public, if that act is done without the consent of the owner of the copyright.
(3) [Repealed, 1993, c.44, s.56]
Unpublished works
(4) Where, in the case of an unpublished work, the making of the work is extended over a considerable period, the conditions of this Act conferring copyright shall be deemed to have been complied with if the author was, during any substantial part of that period, a British subject, a subject or citizen of a foreign country to which this Act extends or a resident within Her Majesty's Realms and Territories.
When author deemed to be resident
(5) For the purposes of this Act with respect to residence, an author of a work shall be deemed to be a resident within Her Majesty's Realms and Territories if he is domiciled within Her Majesty's Realms and Territories.
[R.S., 1985, c.C-42, s.4; 1993, c.44, s.56.]


WORKS IN WHICH COPYRIGHT MAY SUBSIST

Conditions for subsistence of copyright
5. (1) Subject to this Act, copyright shall subsist in Canada, for the term hereinafter mentioned, in every original literary, dramatic, musical and artistic work if any one of the following conditions is met:
(a) in the case of any work, whether published or unpublished, including a cinematograph, the author was, at the date of the making of the work,
(i) a British subject,
(ii) a citizen or subject of, or a person ordinarily resident in, a Berne Convention country, or
(iii) a resident within Her Majesty's Realms and Territories;
(b) in the case of a cinematograph, whether published or unpublished, the maker, at the date of the making of the cinematograph,
(i) if a corporation, had its headquarters in a Berne Convention country, or
(ii) if a natural person, was
(A) a British subject,
(B) a citizen or subject of, or a person ordinarily resident in, a Berne Convention country, or
(C) a resident within Her Majesty's Realms and Territories; or
(c) in the case of a published work, including a cinematograph,
(i) in relation to paragraph 4(1)(a), the first publication in such a quantity as to satisfy the reasonable demands of the public, having regard to the nature of the work, occurred within Her Majesty's Realms and Territories or in a Berne Convention country, or
(ii) in relation to paragraph 4(1)(b) or (c), the first publication occurred within Her Majesty's Realms and Territories or in a Berne Convention country.
Idem
(1.1) The first publication described in subparagraph (1)(c)(i) or (ii) shall be deemed to have occurred within Her Majesty's Realms and Territories or in a Berne Convention country notwithstanding that it in fact occurred previously elsewhere, if the interval between those two publications did not exceed thirty days or such longer period as may be fixed by order in council.
Idem
(1.2) Copyright shall not subsist in Canada otherwise than as provided by subsection (1), except in so far as the protection conferred by this Act is extended as hereinafter provided to foreign countries to which this Act does not extend.
Minister may extend copyright to other countries
(2) Where the Minister certifies by notice, published in the Canada Gazette, that any country that is not a Berne Convention country grants or has undertaken to grant, either by treaty, convention, agreement or law, to citizens of Canada, the benefit of copyright on substantially the same basis as to its own citizens or copyright protection substantially equal to that conferred by this Act, the country shall, for the purpose of the rights conferred by this Act, be treated as if it were a country to which this Act extends, and the Minister may give a certificate, notwithstanding that the remedies for enforcing the rights, or the restrictions on the importation of copies of works, under the law of such country, differ from those in this Act.
Copyright extended to Universal Copyright Convention countries
(2.1) For the purposes of the rights conferred by this Act, a country shall be treated as if it were a country to which this Act extends if it has adhered to the Universal Copyright Convention, adopted on September 6, 1952 in Geneva, Switzerland, or to that Convention as revised in Paris, France on July 24, 1971.
Copyright in records and contrivances
(3) Subject to subsection (4), copyright shall subsist for the term hereinafter mentioned in records, perforated rolls and other contrivances by means of which sounds may be mechanically reproduced, in like manner as if those contrivances were musical, literary or dramatic works.
Nature of copyright
(4) Notwithstanding subsection 3(1), for the purposes of this Act, "copyright" means, in respect of any record, perforated roll or other contrivance by means of which sounds may be mechanically reproduced, the sole right to do the following in respect of the contrivance or any substantial part thereof:
(a) reproduce it in any material form;
(b) publish it, if it is unpublished; and
(c) rent it out.
What constitutes rental
(5) For the purpose of paragraph (4)(c), an arrangement, whatever its form, constitutes a rental of a record, perforated roll or other contrivance by means of which sounds may be mechanically reproduced if, and only if,
(a) it is in substance a rental, having regard to all the circumstances; and
(b) it is entered into with motive of gain in relation to the overall operations of the person who rents out the contrivance.
Idem
(6) For the purpose of paragraph (5)(b), a person who rents out a contrivance with the intention of recovering no more than the costs, including overhead, associated with the rental operations does not by that act alone have a motive of gain in relation to the rental operations.
Reciprocity protection preserved
(7) For greater certainty, the protection to which a work is entitled by virtue of a notice published under subsection (2), or under that subsection as it read at any time before the coming into force of this subsection, is not affected by reason only of the country in question becoming a Berne Convention country.
[R.S., 1985, c.C-42, s.5; 1993, c.15, s.2, c.44, s.57.]


TERM OF COPYRIGHT

Term of copyright
6. The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the life of the author, the remainder of the calendar year in which the author dies, and a period of fifty years following the end of that calendar year. [R.S., 1985, c.C-42, s.6; 1993, c.44, s.58.]

Anonymous and pseudonymous works
6.1 Except as provided in section 6.2, where the identity of the author of a work is unknown, copyright in the work shall subsist for whichever of the following terms ends earlier:
(a) a term consisting of the remainder of the calendar year of the first publication of the work and a period of fifty years following the end of that calendar year, and
(b) a term consisting of the remainder of the calendar year of the making of the work and a period of seventy-five years following the end of that calendar year,
but where, during that term, the author's identity becomes commonly known, the term provided in section 6 applies.
[1993, c.44, s.58.]

Anonymous and pseudonymous works of joint authorship
6.2 Where the identity of all the authors of a work of joint authorship is unknown, copyright in the work shall subsist for whichever of the following terms ends earlier:
(a) a term consisting of the remainder of the calendar year of the first publication of the work and a period of fifty years following the end of that calendar year, and
(b) a term consisting of the remainder of the calendar year of the making of the work and a period of seventy-five years following the end of that calendar year,
but where, during that term, the identity of one or more of the authors becomes commonly known, copyright shall subsist for the life of whichever of those authors dies last, the remainder of the calendar year in which that author dies, and a period of fifty years following the end of that calendar year.
[1993, c.44, s.58.]

Term of copyright in posthumous works
7. In the case of a literary, dramatic or musical work, or an engraving, in which copyright subsists at the date of the death of the author or, in the case of a work of joint authorship, at or immediately before the date of the death of the author who dies last, but which has not been published or, in the case of a dramatic or musical work, been performed in public or, in the case of a lecture, been delivered in public, before that date, copyright shall subsist until publication, or performance or delivery in public, whichever may first happen, for the remainder of the calendar year of the publication or of the performance or delivery in public, as the case may be, and for a period of fifty years following the end of that calendar year.
[R.S., 1985, c.C-42, s.7; 1993, c.44, s.58.]

8. [Repealed, 1993, c.44, s.59]

Cases of joint authorship
9. (1) In the case of a work of joint authorship, except as provided in section 6.2, copyright shall subsist during the life of the author who dies last, for the remainder of the calendar year of that author's death, and for a period of fifty years following the end of that calendar year, and references in this Act to the period after the expiration of any specified number of years from the end of the calendar year of the death of the author shall be construed as references to the period after the expiration of the like number of years from the end of the calendar year of the death of the author who dies last.
Nationals of other countries
(2) Authors who are nationals of any country, other than a country that is a party to the North American Free Trade Agreement, that grants a term of protection shorter than that mentioned in subsection (1) are not entitled to claim a longer term of protection in Canada. [R.S., 1985, c.C-42, s.9; 1993, c.44, s.60.]

Term of copyright in photographs
10. (1) The term for which copyright shall subsist in photographs shall be the remainder of the calendar year of the making of
(a) the initial negative or other plate from which the photograph was directly or indirectly derived, or
(b) the initial photograph, where there was no negative or other plate,
and a period of fifty years following the end of that calendar year.
Author of photograph
(2) The person who
(a) was the owner of the initial negative or other plate at the time when that negative or other plate was made, or
(b) was the owner of the initial photograph at the time when that photograph was made, where there was no negative or other plate,
shall be deemed to be the author of the photograph and, where that owner is a body corporate, the body corporate shall be deemed for the purposes of this Act to reside within Her Majesty's Realms and Territories or to be ordinarily resident in a Berne Convention country if it has established a place of business therein.
[R.S., 1985, c.C-42, s.10; 1993, c.44, s.60.]

Term of copyright in records, perforated rolls, etc.
11. The term for which copyright shall subsist in records, perforated rolls and other contrivances by means of which sounds may be mechanically reproduced shall be the remainder of the calendar year of the making of the initial plate from which the contrivance was directly or indirectly derived, and a period of fifty years following the end of that calendar year, and the maker of the contrivance shall be deemed to be its author, and, where that maker is a body corporate, the body corporate shall be deemed for the purposes of this Act to reside within Her Majesty's Realms and Territories or to be ordinarily resident in a Berne Convention country if it has established a place of business therein.
[R.S., 1985, c.C-42, s.11; 1993, c.44, s.60.]

Cinematographs
11.1 Copyright in a cinematograph or a compilation of cinematographs shall subsist
(a) for the remainder of the calendar year of the first publication of the cinematograph or of the compilation, and for a period of fifty years following the end of that calendar year; or
(b) if the cinematograph or compilation is not published before the expiration of fifty years following the end of the calendar year of its making, for the remainder of that calendar year and for a period of fifty years following the end of that calendar year.
[1993, c.44, s.60.]

Where copyright belongs to Her Majesty
12. Without prejudice to any rights or privileges of the Crown, where any work is, or has been, prepared or published by or under the direction or control of Her Majesty or any government department, the copyright in the work shall, subject to any agreement with the author, belong to Her Majesty and in that case shall continue for the remainder of the calendar year of the first publication of the work and for a period of fifty years following the end of that calendar year.
[R.S., 1985, c.C-42, s.12; 1993, c.44, s.60.]


OWNERSHIP OF COPYRIGHT

Ownership of copyright
13. (1) Subject to this Act, the author of a work shall be the first owner of the copyright therein.
Engraving, photograph or portrait
(2) Where, in the case of an engraving, photograph or portrait, the plate or other original was ordered by some other person and was made for valuable consideration in pursuance of that order, in the absence of any agreement to the contrary, the person by whom the plate or other original was ordered shall be the first owner of the copyright.
Work made in the course of employment
(3) Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical.
Assignment of right by owner
(4) The owner of the copyright in any work may assign the right, either wholly or partially, and either generally or subject to territorial limitations, and either for the whole term of the copyright or for any other part thereof, and may grant any interest in the right by licence, but no assignment or grant is valid unless it is in writing signed by the owner of the right in respect of which the assignment or grant is made, or by his duly authorized agent.
[R.S., c.C-30, s.12.]

Limitation where author is first owner of copyright
14. (1) Where the author of a work is the first owner of the copyright therein, no assignment of the copyright and no grant of any interest therein, made by him, otherwise than by will, after June 4, 1921, is operative to vest in the assignee or grantee any rights with respect to the copyright in the work beyond the expiration of twenty-five years from the death of the author, and the reversionary interest in the copyright expectant on the termination of that period shall, on the death of the author, notwithstanding any agreement to the contrary, devolve on his legal representatives as part of the estate of the author, and any agreement entered into by the author as to the disposition of such reversionary interest is void.
Restriction
(2) Nothing in subsection (1) shall be construed as applying to the assignment of the copyright in a collective work or a licence to publish a work or part of a work as part of a collective work.
Ownership in case of partial assignment
(3) Where, under any partial assignment of copyright, the assignee becomes entitled to any right comprised in copyright, the assignee, with respect to the rights so assigned, and the assignor, with respect to the rights not assigned, shall be treated for the purposes of this Act as the owner of the copyright, and this Act has effect accordingly.
(4) [Repealed, R.S., 1985, c.10 (4th Supp.), s.3]
[R.S., 1985, c.C-42, s.14; R.S., 1985, c.10 (4th Supp.), s.3.]


MORAL RIGHTS

Moral rights
14.1 (1) The author of a work has, subject to section 28.2, the right to the integrity of the work and, in connection with an act mentioned in section 3, the right, where reasonable in the circumstances, to be associated with the work as its author by name or under a pseudonym and the right to remain anonymous.
No assignment of moral rights
(2) Moral rights may not be assigned but may be waived in whole or in part.
No waiver by assignment
(3) An assignment of copyright in a work does not by that act alone constitute a waiver of any moral rights.
Effect of waiver
(4) Where a waiver of any moral right is made in favour of an owner or a licensee of copyright, it may be invoked by any person authorized by the owner or licensee to use the work, unless there is an indication to the contrary in the waiver.
[R.S., 1985, c.10 (4th Supp.), s.4.]

Term
14.2 (1) Moral rights in respect of a work subsist for the same term as the copyright in the work.
Succession
(2) The moral rights in respect of a work pass, on the death of its author, to
(a) the person to whom those rights are specifically bequeathed;
(b) where there is no specific bequest of those moral rights and the author dies testate in respect of the copyright in the work, the person to whom that copyright is bequeathed; or
(c) where there is no person described in paragraph (a) or (b), the person entitled to any other property in respect of which the author dies intestate.
[R.S., 1985, c.10 (4th Supp.), s.4.]

15. [Repealed, 1993, c.44, s.61]


LICENCES

Application for licence to print book in Canada by others than owner
16. (1) Any person may apply to the Minister for a licence to print and publish in Canada any book wherein copyright subsists, if at any time after publication and within the duration of the copyright the owner of the copyright fails
(a) to print the book or cause it to be printed in Canada; or
(b) to supply by means of copies so printed the reasonable demands of the Canadian market for the book.
Form stating retail price
(2) An application under subsection (1) may be in such form as may be prescribed by the regulations and shall state the proposed retail price of the edition of the book proposed to be printed.
Deposit with application
(3) Every applicant for a licence under this section shall, with his application, deposit with the Minister an amount not less than ten per cent of the retail selling price of one thousand copies of the book and not less than one hundred dollars and that amount shall, if the application is unsuccessful, be returned to the applicant less such deductions for fees as may be authorized by the regulations.
Notice to owner
(4) Notice of the application shall forthwith be communicated by the Minister to the owner of the copyright in such manner as may be prescribed by the regulations.
[R.S., c.C-30, s.14.]

Where owner does not proceed, application may be granted
17. (1) Where the owner of the copyright does not, within a time to be fixed by the regulations after communication of the notice mentioned in subsection 16(4), give an undertaking, with such security as may be prescribed by the regulations, to procure within two months after the date of the communication the printing in Canada of an edition of not less than one thousand copies of the book, the Minister in his discretion may grant to the applicant a licence to print and publish the book on terms to be determined by the Minister after hearing the parties or affording them such opportunity to be heard as may be fixed by the regulations.
Where two or more persons apply for a licence
(2) Where two or more persons have applied for a licence under section 16, the Minister shall award the licence to the applicant proposing the terms, in the opinion of the Minister, most advantageous to the author, and if there are two proposing terms equally advantageous to the author, to the applicant whose application was first received.
[R.S., c.C-30, s.14.]

Rights of licensee
18. (1) A licence issued under section 17 entitles the licensee to the sole right to print and publish the book in Canada during such term not exceeding five years or for such edition or editions as may be fixed by the licence.
Royalty
(2) The licensee shall pay a royalty on the retail selling price of every copy of a book printed under a licence, at a rate to be determined by the Minister.
Undertaking by licensee
(3) The acceptance of a licence for a book shall imply an undertaking by the licensee
(a) to print and publish in Canada an edition of the book of not less than one thousand copies, at the price specified in the licence, and within two months from the issue of the licence; and
(b) to print the book from the last authorized edition of the book in such manner as may be prescribed by the Minister, in full, without abbreviation or alteration of the letter-press, and without varying, adding to or diminishing the main design of such of the prints, engravings, maps, charts, musical compositions or photographs contained in the book as the licensee reproduces.
Endorsements on book
(4) Every book published under a licence issued under section 17 shall have printed or otherwise impressed on it the words "Printed under Canadian licence", the calendar year of the licence and the retail selling price of the book.
[R.S., 1985, c.C-42, s.18; R.S., 1985, c.10 (4th Supp.), s.17(F).]

Cancellation of licence
19. Where the Minister on complaint is satisfied that the licensee does not print and keep on sale in Canada a number of copies of the book sufficient to supply the reasonable demands of the Canadian market, the Minister shall, after giving the licensee an opportunity of being heard to show cause against the cancellation, cancel the licence.
[R.S., c.C-30, s.14.]

Suppression by copyright owner
20. Where a book for which a licence has been issued under section 17 is suppressed by the owner of the copyright, the licensee shall not print the book or any further copies thereof, but may sell any copies already printed, and may complete and sell any copies in the process of being printed under the licence, but the owner of the copyright is entitled to buy all such copies at the cost of printing them.
[R.S., c.C-30, s.14.]

Second or later edition
21. Nothing in sections 16 to 20 authorizes the granting, without the consent of the author, of a licence to publish a second or succeeding edition of any work if the author has published one or more editions in Canada.
[R.S., c.C-30, s.14.]


SERIAL LICENCE

Licence to publish book in serial form
22. (1) Where the publication of a book is lawfully begun as a serial elsewhere than in Her Majesty's Realms and Territories or a foreign country to which this Act applies, and the owner of the copyright has refused to grant a licence to any person in Canada, being a publisher of a periodical, to publish the book in serial form, a licence may in the discretion of the Minister be granted to any person in Canada, being the publisher of a periodical, to publish the book once in serial form in the periodical, but a licence shall not be granted to more than one publisher in the same city, town or place.
Application
(2) A licence may be issued by the Minister under subsection (1) on application by a publisher in such form as may be prescribed by the regulations.
Draft contract
(3) The application for a licence under this section may be in the form of a draft contract between the licensee and the owner of the copyright.
[R.S., c.C-30, s.15.]

Terms of licence
23. (1) A licence issued under section 22 may be on the terms proposed in the draft contract or on terms prescribed by the regulations, but before the terms are settled the owner of the copyright is entitled to be fully heard in support of any contentions or representations he may deem it in his interests to make.
Deposit with application
(2) An applicant for a licence under section 22 shall with the application deposit such amount of money as may be required by the regulations, and such money shall on the issue of the licence be paid forthwith to the owner of the copyright.
Importation of magazines, etc., not prohibited
(3) Nothing in this Act prohibits the importation and circulation of newspapers, magazines and periodicals that together with foreign original matter contain serials licensed to be printed and published in Canada.
[R.S., c.C-30, s.15.]

Definitions
24. In this section and sections 22 and 23,
"owner of a copyright"
«titulaire d'un droit d'auteur»
includes the owner of the right to publish in serial form as distinct and separate from other rights of publication;
"serial"
«feuilleton»
means any book that is first published in separate articles or as a tale or short story complete in one issue in a newspaper or periodical.
[R.S., c.C-30, s.15.]

Licence deemed a contract
25. (1) Every licence issued under sections 17 and 22 shall be deemed to constitute a contract, on the terms embodied in the licence or in this Act, between the owner of the copyright and the licensee, and the licensee is entitled to the like remedies as in the case of a contract.
Licensee to have right of action
(2) A licensee has the same power and right to take any action or any legal proceedings to prevent or restrain any infringement of copyright that affects the rights of the licensee or to recover compensation or damages for any infringement that the owner of the copyright would have for an infringement of his copyright.
Licence declared forfeited on default
(3) The owner of the copyright, in addition to any other remedy in respect of a licence as a contract, is entitled, in case of default by the licensee in observing the terms of the licence, on application to the Federal Court, to have the licence cancelled.
Particulars in Register
(4) Particulars of a cancellation under subsection (3) may be entered on the Register of Copyrights.
[R.S., 1985, c.C-42, s.25; 1993, c.44, s.62.]

Fees paid to Minister
26. (1) All moneys paid or payable by a licensee or applicant for a licence under sections 16 and 23 shall be paid to the Minister.
Deposits and royalty paid to Minister
(2) All moneys deposited by a successful applicant for a licence and all moneys due from time to time by way of royalty or otherwise from licensees shall be paid to the Minister and by him paid out to the persons entitled thereto.
Payment of royalty stamped on book
(3) The Minister may by regulations require every copy of a book on which the royalty has been duly paid to be suitably stamped or marked.
Application of provisions regarding licences
(4) Sections 16 to 24 apply only to a work the author of which is a Canadian citizen.
[R.S., 1985, c.C-42, s.26; R.S., 1985, c.10 (4th Supp.), s.17(F); 1993, c.44, s.63.]


INFRINGEMENT OF COPYRIGHT

Infringement of copyright
27. (1) Copyright in a work shall be deemed to be infringed by any person who, without the consent of the owner of the copyright, does anything that, by this Act, only the owner of the copyright has the right to do.
Acts not constituting infringement of copyright
(2) The following acts do not constitute an infringement of copyright:
(a) any fair dealing with any work for the purposes of private study or research;
(a.1) any fair dealing with any work for the purposes of criticism, review or newspaper summary, if
(i) the source, and
(ii) the author's name, if given in the source,
are mentioned;
(b) where the author of an artistic work is not the owner of the copyright therein, the use by the author of any mould, cast, sketch, plan, model or study made by the author for the purpose of the work, if he does not thereby repeat or imitate the main design of that work;
(c) the making or publishing of paintings, drawings, engravings or photographs of a work of sculpture or artistic craftsmanship, if permanently situated in a public place or building, or the making or publishing of paintings, drawings, engravings or photographs that are not in the nature of architectural drawings or plans, of any architectural work;
(d) the publication in a collection, mainly composed of non-copyright matter, intended for the use of schools, and so described in the title and in any advertisements issued by the publisher, of short passages from published literary works not themselves published for the use of schools in which copyright subsists, if not more than two of the passages from works by the same author are published by the same publisher within five years, and the source from which the passages are taken is acknowledged;
(e) the publication in a newspaper of a report of a lecture delivered in public, unless the report is prohibited by conspicuous written or printed notice affixed before and maintained during the lecture at or about the main entrance of the building in which the lecture is given, and, except while the building is being used for public worship, in a position near the lecturer, but nothing in this paragraph affects the provisions in paragraph (a), as to newspaper summaries;
(f) the reading or recitation in public by one person of any reasonable extract from any published work;
(g) the performance without motive of gain of any musical work at any agricultural, agricultural-industrial exhibition or fair that receives a grant from or is held under federal, provincial or municipal authority, by the directors thereof;
(h) the reproduction of a manuscript, original document, archive, photographic positive or negative, cinematograph film or sound recording for deposit in an institution pursuant to a direction under section 14 of the Cultural Property Export and Import Act;
(i) the disclosure, pursuant to the Access to Information Act, of a record within the meaning of that Act, or the disclosure, pursuant to any like Act of the legislature of a province, of like material;
(j) the disclosure, pursuant to the Privacy Act, of personal information within the meaning of that Act, or the disclosure, pursuant to any like Act of the legislature of a province, of like information;
(k) the making of a copy of a recording, as defined in section 8 of the National Archives of Canada Act, for the purposes of that section;
(l) the making by a person who owns a copy of a computer program, which copy is authorized by the owner of the copyright, of a single reproduction of the copy by adapting, modifying or converting the computer program or translating it into another computer language if the person proves that
(i) the reproduction is essential for the compatibility of the computer program with a particular computer,
(ii) the reproduction is solely for the person's own use, and
(iii) the reproduction is destroyed forthwith when the person ceases to be the owner of the copy of the computer program; and
(m) the making by a person who owns a copy of a computer program, which copy is authorized by the owner of the copyright, of a single reproduction for backup purposes of the copy or of a reproduction referred to in paragraph (l) if the person proves that the reproduction for backup purposes is destroyed forthwith when the person ceases to be the owner of the copy of the computer program.
Further exceptions
(3) No church, college or school and no religious, charitable or fraternal organization shall be held liable to pay any compensation to the owner of any musical work or to any person claiming through that author by reason of the public performance of any musical work in furtherance of a religious, educational or charitable object.
Infringement by personal action
(4) Copyright in a work shall be deemed to be infringed by any person who
(a) sells or lets for hire, or by way of trade exposes or offers for sale or hire,
(b) distributes either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright,
(c) by way of trade exhibits in public, or
(d) imports for sale or hire into Canada,
any work that to the knowledge of that person infringes copyright or would infringe copyright if it had been made within Canada.
Public performance for private profit without owner's consent
(5) Copyright in a work shall be deemed to be infringed by any person who for his private profit permits a theatre or other place of entertainment to be used for the performance in public of the work without the consent of the owner of the copyright, unless that person was not aware, and had no reasonable ground for suspecting, that the performance would be an infringement of copyright.
Restriction on paragraph (2)(i) or (j)
(6) Nothing in paragraph (2)(i) or (j) authorizes any person to whom a record or information is disclosed to do anything that, by this Act, only the owner of the copyright has a right to do.
[R.S., 1985, c.C-42, s.27; R.S., 1985, c.1 (3rd Supp.), s.13, c.10 (4th Supp.), s.5; 1993, c.44, s.64.]

Report in newspaper of political speech no infringement
28. Notwithstanding anything in this Act, it shall not be an infringement of copyright in an address of a political nature delivered at a public meeting to publish a report thereof in a newspaper.
[R.S., c.C-30, s.18.]


RETRANSMISSION

Interpretation
28.01 (1) In this section,
"retransmitter"
«retransmetteur»
does not include a person who uses Hertzian waves to retransmit a signal but does not perform a function comparable to that of a cable retransmission system;
"signal"
«signal»
means a signal that carries a literary, dramatic, musical or artistic work and is transmitted for free reception by the public by a terrestrial radio or terrestrial television station.
Retransmission of local signals
(2) It is not an infringement of copyright to communicate to the public by telecommunication any literary, dramatic, musical or artistic work if
(a) the communication is a retransmission of a local or distant signal;
(b) the retransmission is lawful under the Broadcasting Act;
(c) the signal is retransmitted simultaneously and in its entirety, except as otherwise required or permitted by or under the laws of Canada; and
(d) in the case of the retransmission of a distant signal, the retransmitter has paid any royalties, and complied with any terms and conditions, fixed under this Act.
Regulations
(3) The Governor in Council may make regulations defining "local signal" and "distant signal" for the purposes of this section.
[1988, c.65, s.63.]


MORAL RIGHTS INFRINGEMENT

Infringement generally
28.1 Any act or omission that is contrary to any of the moral rights of the author of a work is, in the absence of consent by the author, an infringement of the moral rights.
[R.S., 1985, c.10 (4th Supp.), s.6.]

Nature of right of integrity
28.2 (1) The author's right to the integrity of a work is infringed only if the work is, to the prejudice of the honour or reputation of the author,
(a) distorted, mutilated or otherwise modified; or
(b) used in association with a product, service, cause or institution.
Where prejudice deemed
(2) In the case of a painting, sculpture or engraving, the prejudice referred to in subsection (1) shall be deemed to have occurred as a result of any distortion, mutilation or other modification of the work.
When work not distorted, etc.
(3) For the purposes of this section,
(a) a change in the location of a work, the physical means by which a work is exposed or the physical structure containing a work, or
(b) steps taken in good faith to restore or preserve the work
shall not, by that act alone, constitute a distortion, mutilation or other modification of the work.
[R.S., 1985, c.10 (4th Supp.), s.6.]

29. to 33. [Repealed, R.S., 1985, c.10 (4th Supp.), s.7]


CIVIL REMEDIES

Civil remedies
34. (1) Where copyright in any work has been infringed, the owner of the copyright is, subject to this Act, entitled to all remedies by way of injunction, damages, accounts and otherwise that are or may be conferred by law for the infringement of a right.
Moral rights
(1.1) In any proceedings for an infringement of a moral right of an author, the court may grant to the author all remedies by way of injunction, damages, accounts or delivery up and otherwise that are or may be conferred by law for the infringement of a right.
Costs
(2) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the absolute discretion of the court.
Presumptions respecting copyright and ownership
(3) In any action for infringement of copyright in any work in which the defendant puts in issue either the existence of the copyright or the title of the plaintiff thereto,
(a) the work shall, unless the contrary is proved, be presumed to be a work in which copyright subsists; and
(b) the author of the work shall, unless the contrary is proved, be presumed to be the owner of the copyright.
Idem
(4) Where any question referred to in subsection (3) is at issue, and no grant of the copyright or of an interest in the copyright, either by assignment or licence, has been registered under this Act,
(a) if a name purporting to be that of the author of the work is printed or otherwise indicated thereon in the usual manner, the person whose name is so printed or indicated shall, unless the contrary is proved, be presumed to be the author of the work;
(b) if no name is so printed or indicated, or if the name so printed or indicated is not the author's true name or the name by which he is commonly known, and a name purporting to be that of the publisher or proprietor of the work is printed or otherwise indicated thereon in the usual manner, the person whose name is so printed or indicated shall, unless the contrary is proved, be presumed to be the owner of the copyright in the work for the purpose of proceedings in respect of the infringement of copyright therein; and
(c) if, on a cinematograph, a name purporting to be that of the maker of the cinematograph appears in the usual manner, the person so named shall, unless the contrary is proved, be presumed to be the maker of the cinematograph.
[R.S., 1985, c.C-42, s.34; R.S., 1985, c.10 (4th Supp.), s.8; 1993, c.15, s.3(E), c.44, s.65.]

Liability for infringing copyright
35. (1) Where any person infringes the copyright in any work that is protected under this Act, the person is liable to pay such damages to the owner of the right infringed as he may have suffered due to the infringement, and in addition thereto such part of the profits that the infringer has made from the infringement as the court may decide to be just and proper.
Proof of profits
(2) In proving profits the plaintiff shall be required to prove only receipts or revenues derived from the publication, sale or other disposition of an infringing work, or from any unauthorized performance of the work in which copyright subsists, and the defendant shall be required to prove every element of cost that he claims.
[R.S., c.C-30, s.20.]

Protection of separate rights
36. The author or other owner of any copyright or any person or persons deriving any right, title or interest by assignment or grant in writing from any author or other owner may each, individually for himself, in his own name as party to a suit, action or proceeding, protect and enforce such rights as he may hold, and to the extent of his right, title and interest is entitled to the remedies provided by this Act.
[R.S., c. C-30, s. 20.]

Concurrent jurisdiction of Federal Court
37. The Federal Court shall have concurrent jurisdiction with provincial courts to hear and determine all civil actions, suits or proceedings that may be instituted for contravention of any of the provisions of this Act or to enforce the civil remedies provided by this Act.
[R.S., c.C-30, s.20; R.S., c.10 (2nd Supp.), s.64.]

Ownership of copies and plates
38. All infringing copies of any work in which copyright subsists, or of any substantial part thereof, and all plates used or intended to be used for the production of the infringing copies shall be deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of the possession thereof or in respect of the conversion thereof.
[R.S., c.C-30, s.21.]

Injunction only remedy when defendant not aware of copyright
39. Where proceedings are taken in respect of the infringement of the copyright in any work and the defendant in his defence alleges that he was not aware of the existence of the copyright in the work, the plaintiff is not entitled to any remedy other than an injunction in respect of the infringement if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for suspecting that copyright subsisted in the work, but if at the date of the infringement the copyright in the work was duly registered under this Act, the defendant shall be deemed to have had reasonable ground for suspecting that copyright subsisted in the work.
[R.S., c.C-30, s.22.]

No injunction in case of a building
40. (1) Where the construction of a building or other structure that infringes or that, if completed, would infringe the copyright in some other work has been commenced, the owner of the copyright is not entitled to obtain an injunction in respect of the construction of that building or structure or to order its demolition.
Penalties not to apply
(2) The other provisions of this Act that provide that an infringing copy of a work shall be deemed to be the property of the owner of the copyright, or that impose summary penalties, do not apply in any case to which this section applies.
[R.S., c.C-30, s.23.]

Time limit for actions
41. An action in respect of infringement shall not be commenced after the expiration of three years immediately following the infringement.
[R.S., 1985, c.C-42, s.41; R.S., 1985, c.10 (4th Supp.), s.9.]


SUMMARY REMEDIES

Offences and punishment
42. (1) Every person who knowingly
(a) makes for sale or hire any infringing copy of a work in which copyright subsists,
(b) sells or lets for hire or by way of trade exposes or offers for sale or hire any infringing copy of any work in which copyright subsists,
(c) distributes infringing copies of any work in which copyright subsists either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright,
(d) by way of trade exhibits in public any infringing copy of any work in which copyright subsists, or
(e) imports for sale or hire into Canada any infringing copy of any work in which copyright subsists
is guilty of an offence and liable
(f) on summary conviction, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months or to both, or
(g) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both.
Possession and performance offences and punishment
(2) Every person who knowingly
(a) makes or possesses any plate for the purpose of making infringing copies of any work in which copyright subsists, or
(b) for private profit causes to be performed in public, without the consent of the owner of the copyright, any work in which copyright subsists
is guilty of an offence and liable
(c) on summary conviction, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months or to both, or
(d) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both.
Power of court to deal with copies or plates
(3) The court before which any proceedings under this section are taken may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender that appear to it to be infringing copies or plates for the purpose of making infringing copies be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.
[R.S., 1985, c.C-42, s.42; R.S., 1985, c.10 (4th Supp.), s.10.]

Infringement in case of dramatic, operatic or musical work
43. (1) Any person who, without the written consent of the owner of the copyright or of the legal representative of the owner, knowingly performs or causes to be performed in public and for private profit the whole or any part, constituting an infringement, of any dramatic or operatic work or musical composition in which copyright subsists in Canada is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred and fifty dollars and, in the case of a second or subsequent offence, either to that fine or to imprisonment for a term not exceeding two months or to both.
Change or suppression of title or author's name
(2) Any person who makes or causes to be made any change in or suppression of the title, or the name of the author, of any dramatic or operatic work or musical composition in which copyright subsists in Canada, or who makes or causes to be made any change in the work or composition itself without the written consent of the author or of his legal representative, in order that the work or composition may be performed in whole or in part in public for private profit, is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars and, in the case of a second or subsequent offence, either to that fine or to imprisonment for a term not exceeding four months or to both.
[R.S., c.C-30, s.26.]


IMPORTATION OF COPIES

Importation of certain copyright works prohibited
44. Copies made out of Canada of any work in which copyright subsists that if made in Canada would infringe copyright and as to which the owner of the copyright gives notice in writing to the Department of National Revenue that the owner desires that the copies not be so imported into Canada, shall not be so imported, and shall be deemed to be included in Schedule VII to the Customs Tariff, and that Schedule applies accordingly.
[R.S., 1985, c.C-42, s.44; R.S., 1985, c.41 (3rd Supp.), s.116.]

Definitions
44.1 (1) In this section,
"court"
«tribunal»
means the Federal Court or the superior court of a province;
"duties"
«droits»
has the same meaning as in the Customs Act;
"Minister"
«ministre»
means the Minister of National Revenue;
"release"
«douanement»
has the same meaning as in the Customs Act.
Power of court
(2) Where a court is satisfied, on application by an owner, or the exclusive licensee, of copyright in Canada in a work (in this section referred to as the "applicant"), that
(a) the work is about to be imported into Canada, or has been imported into Canada but has not yet been released,
(b) either
(i) in the jurisdiction where the work was made, it was made without the consent of the person who then owned the copyright in that jurisdiction, or
(ii) the work was made elsewhere than in Her Majesty's Realms and Territories or a foreign country to which this Act applies, and
(c) the work, to the knowledge of the importer, would have infringed copyright if it had been made in Canada by the importer,
the court may make an order described in subsection (3).
Order of court
(3) The order referred to in subsection (2) is an order
(a) directing the Minister
(i) to take reasonable measures, on the basis of information reasonably required by the Minister and provided by the applicant, to detain the work, and
(ii) to notify the applicant and the importer, forthwith after detaining the work, of the detention and the reasons therefor; and
(b) providing for such other matters as the court considers appropriate.
How application made
(4) An application referred to in subsection (2) may be made in an action or otherwise, and either on notice or ex parte, except that it must always be made on notice to the Minister.
Court may require security
(5) Before making an order under subsection (2), the court may require the applicant to furnish security, in an amount fixed by the court,
(a) to cover duties, storage and handling charges, and any other amount that may become chargeable against the work; and
(b) to answer any damages that may by reason of the order be incurred by the owner, importer or consignee of the work.
Application for directions
(6) The Minister may apply to the court for directions in implementing an order made under subsection (2).
Minister may allow inspection
(7) The Minister may give the applicant or the importer an opportunity to inspect the detained work for the purpose of substantiating or refuting, as the case may be, the applicant's claim.
Where applicant fails to commence an action
(8) Unless an order made under subsection (2) provides otherwise, the Minister shall, subject to the Customs Act and to any other Act of Parliament that prohibits, controls or regulates the importation or exportation of goods, release the work without further notice to the applicant if, two weeks after the applicant has been notified under subparagraph (3)(a)(ii), the applicant has not notified the Minister that the applicant has commenced an action for a final determination by the court of the issues referred to in paragraphs (2)(b) and (c).
Where court finds in plaintiff's favour
(9) Where, in an action commenced under this section, the court finds that the circumstances referred to in paragraphs (2)(b) and (c) existed, the court may make any order that it considers appropriate in the circumstances, including an order that the work be destroyed, or that it be delivered up to the plaintiff as the plaintiff's property absolutely.
Other remedies not affected
(10) For greater certainty, nothing in this section affects any remedy available under any other provision of this Act or any other Act of Parliament.
[1993, c.44, s.66.]

No importation where right or licence to reproduce in Canada granted
45. (1) Where the owner of the copyright has by licence or otherwise granted the right to reproduce any book in Canada, or where a licence to reproduce the book has been granted under this Act, it shall not be lawful except as provided in subsections (3) and (4) to import into Canada copies of the book, and the copies shall be deemed to be included in Schedule VII to the Customs Tariff, and that Schedule applies accordingly.
Notice required of intention to import
(2) Except as provided in subsections (3) and (4), it shall be unlawful to import into Canada copies of any book in which copyright subsists until fourteen days after publication thereof and during that period or any extension thereof the copies shall be deemed to be included in Schedule VII to the Customs Tariff, and that Schedule applies accordingly, but if within that period of fourteen days an application for a licence has been made in accordance with the provisions of this Act relating thereto, the Minister may in the Minister's discretion extend the period, and shall forthwith notify the Department of National Revenue of the extension, and the prohibition against importation shall be continued accordingly.
Exceptions
(3) Notwithstanding anything in this Act, it shall be lawful for any person
(a) to import for his own use not more than two copies of any work published in a Berne Convention country;
(b) to import for use by any department of the Government of Canada or any province copies of any work, wherever published;
(c) at any time before a work is printed or made in Canada to import any copies required for the use of any public library or institution of learning; and
(d) to import any book lawfully printed in the United Kingdom or in a Berne Convention country and published for circulation among, and sale to, the public within either country.
Satisfactory evidence
(4) Any officer of customs may, in his discretion, require any person seeking to import any work under this section to produce satisfactory evidence of the facts necessary to establish his right so to import.
Application of provisions regarding importation
(5) This section does not apply to any work the author of which is a British subject, other than a Canadian citizen, or the subject or citizen of a Berne Convention country.
[R.S., 1985, c.C-42, s.45; R.S., 1985, c.41 (3rd Supp.), s.117; 1993, c.44, s.67.]


ADMINISTRATION

Copyright Office
46. The Copyright Office shall be attached to the Patent Office.
[R.S., c.C-30, s.29.]

Powers of Commissioner and Registrar
47. The Commissioner of Patents shall exercise the powers conferred and perform the duties imposed on him by this Act under the direction of the Minister, and, in the absence of the Commissioner of Patents or if the Commissioner is unable to act, the Registrar of Copyrights or other officer temporarily appointed by the Minister may, as Acting Commissioner, exercise those powers and perform those duties under the direction of the Minister.
[R.S., c.C-30, s.30.]

Registrar
48. There shall be a Registrar of Copyrights.
[R.S., c. C-30, s. 31.]

Register of Copyrights, certificates and certified copies
49. The Commissioner of Patents, the Registrar of Copyrights or an officer, clerk or employee of the Copyright Office may sign certificates and certified copies of the Register of Copyrights.
[R.S., 1985, c.C-42, s.49; 1992, c.1, s.47; 1993, c.15, s.4.]

Other duties of Registrar
50. The Registrar of Copyrights shall perform such other duties in connection with the administration of this Act as may be assigned to him by the Commissioner of Patents.
[R.S., c.C-30, s.33.]

51. [Repealed, 1992, c.1, s.48]

Control of business and officials
52. The Commissioner of Patents shall, subject to the Minister, oversee and direct the officers, clerks and employees of the Copyright Office, have general control of the business thereof and perform such other duties as are assigned to him by the Governor in Council.
[R.S., c.C-30, s.35.]

Register to be evidence
53. (1) The Register of Copyrights is evidence of the particulars entered in it, and a copy of an entry in the Register is evidence of the particulars of the entry if it is certified by the Commissioner of Patents, the Registrar of Copyrights or an officer, clerk or employee of the Copyright Office as a true copy.
Certificate to be evidence
(2) A certificate of registration of copyright in a work is evidence that copyright subsists in the work and that the person registered is the owner of the copyright.
Admissibility
(3) A certified copy or certificate appearing to have been issued under this section is admissible in all courts without proof of the signature or official character of the person appearing to have signed it.
[R.S., 1985, c.C-42, s.53; 1992, c.1, s.49; 1993, c.15, s.5.]


REGISTRATION

Register of Copyrights
54. (1) The Minister shall cause to be kept at the Copyright Office a register to be called the Register of Copyrights in which may be entered the names or titles of works and the names and addresses of authors and such other particulars as may be prescribed.
Entries by authors, etc.
(2) The author or publisher of, or the owner of, or other person interested in the copyright in any work may cause the particulars respecting the work to be entered in the register.
Single entry sufficient
(3) In the case of an encyclopaedia, newspaper, review, magazine or other periodical work, or work published in a series of books or parts, it is not necessary to make a separate entry for each number or part, but a single entry for the whole work is sufficient.
Indices
(4) There shall also be kept at the Copyright Office such indices of the Register established under this section as may be prescribed.
Inspection and extracts
(5) The Register and indices established under this section shall be in the prescribed form and shall at all reasonable times be open to inspection, and any person is entitled to make copies of or take extracts from the Register.
Former registration effective
(6) Any registration made under the Copyright Act, chapter 70 of the Revised Statutes of Canada, 1906, has the same force and effect as if made under this Act.
Subsisting copyright
(7) Any work in which copyright, operative in Canada, subsisted immediately before January 1, 1924 is registrable under this Act.
[R.S., 1985, c.C-42, s.54; 1992, c.1, s.50.]

Who may apply for registration
55. (1) The application for the registration of a copyright may be made in the name of the author or of the legal representatives of the author, by any person purporting to be the agent of the author or legal representatives.
Recovery of damages
(2) Any damage caused by a fraudulent or an erroneous assumption of such authority shall be recoverable in any court of competent jurisdiction.
[R.S., c.C-30, s.38.]

Form of application
56. Application for registration of a copyright shall be made in the prescribed form and shall be deposited at the Copyright Office together with any application fee prescribed by or determined under the regulations.
[R.S., 1985, c.C-42, s.56; 1993, c.15, s.6.]
Registration of a grant of interest in copyright
57. (1) Any grant of an interest in a copyright, either by assignment or licence, may be registered in the Register of Copyrights on production of the original instrument or a certified copy of it and on payment of any registration fee prescribed by or determined under the regulations.
(2) [Repealed, 1992, c.1, s.51.]
When grant is void
(3) Any grant of an interest in a copyright, either by assignment or licence, shall be adjudged void against any subsequent assignee or licensee for valuable consideration without actual notice, unless the prior assignment or licence is registered in the manner prescribed by this Act before the registering of the instrument under which the subsequent assignee or licensee claims.
Rectification of Register by the Court
(4) The Federal Court may, on application of the Registrar of Copyrights or of any interested person, order the rectification of the Register of Copyrights by
(a) the making of any entry wrongly omitted to be made in the Register,
(b) the expunging of any entry wrongly made in or remaining on the Register, or
(c) the correction of any error or defect in the Register,
and any rectification of the Register under this subsection shall be retroactive from such date as the Court may order.
[R.S., 1985, c.C-42, s.57; 1992, c.1, s.51; 1993, c.15, s.7.]

Execution of instruments in United Kingdom, etc.
58. (1) Any instruments referred to in section 57 may be executed, subscribed or acknowledged at any place in the United Kingdom or in any of Her Majesty's Realms and Territories, or in the United States, by the assignor, grantor, licensor or mortgagor, before any notary public, commissioner or other official or the judge of any court, who is authorized by law to administer oaths or perform notarial acts in that place, and who also subscribes his signature and affixes thereto or impresses thereon his official seal or the seal of the court of which he is such judge.
Execution of instruments in foreign countries
(2) Any instrument referred to in section 57 may be executed, subscribed or acknowledged by the assignor, grantor, licensor or mortgagor, in any other foreign country before any notary public, commissioner or other official or the judge of any court of the foreign country, who is authorized to administer oaths or perform notarial acts in that foreign country and whose authority shall be proved by the certificate of a diplomatic or consular officer of the United Kingdom or of Canada performing his functions in that foreign country.
Seals to be evidence
(3) The official seal or seal of the court or the certificate of a diplomatic or consular officer is evidence of the execution of the instrument, and the instrument with the seal or certificate affixed or attached thereto is admissible as evidence in any action or proceeding brought under this Act without further proof.
Oral testimony
(4) The provisions of subsections (1) and (2) shall be deemed to be permissive only, and the execution of any documents referred to in section 57 may in any case be proved by oral testimony.
[R.S., c.C-30, s.40.]


FEES

Fees regulations
59. The Governor in Council may make regulations
(a) prescribing fees, or the manner of determining fees, to be paid for anything required or authorized to be done in the administration of this Act; and
(b) prescribing the time and manner in which the fees must be paid.
[R.S., 1985, c.C-42, s.59; 1993, c.15, s.8.]


SUBSTITUTED RIGHT

Subsistence of substituted right
60. (1) Where any person is immediately before January 1, 1924 entitled to any right in any work that is set out in column I of Schedule I, or to any interest in such a right, he is, as from that date, entitled to the substituted right set out in column II of that Schedule, or to the same interest in the substituted right, and to no other right or interest, and the substituted right shall subsist for the term for which it would have subsisted if this Act had been in force at the date when the work was made, and the work had been one entitled to copyright thereunder.
Where author has assigned the right
(2) Where the author of any work in which any right that is set out in column I of Schedule I subsists on January 1, 1924 has, before that date, assigned the right or granted any interest therein for the whole term of the right, then at the date when, but for the passing of this Act, the right would have expired, the substituted right conferred by this section shall, in the absence of express agreement, pass to the author of the work, and any interest therein created before January 1, 1924 and then subsisting shall determine, but the person who immediately before the date at which the right would have expired was the owner of the right or interest is entitled at his option either
(a) on giving such notice as is hereinafter mentioned, to an assignment of the right or the grant of a similar interest therein for the remainder of the term of the right for such consideration as, failing agreement, may be determined by arbitration, or
(b) without any assignment or grant, to continue to reproduce or perform the work in like manner as theretofore subject to the payment, if demanded by the author within three years after the date at which the right would have expired, of such royalties to the author as, failing agreement, may be determined by arbitration, or, where the work is incorporated in a collective work and the owner of the right or interest is the proprietor of that collective work, without any payment,
and the notice referred to in paragraph (a) must be given not more than one year or less than six months before the date at which the right would have expired, and must be sent by registered post to the author, or, if he cannot with reasonable diligence be found, advertised in the Canada Gazette.
Definition of "author"
(3) For the purposes of this section, "author" includes the legal representatives of a deceased author.
Works made before this Act in force
(4) Subject to this Act, copyright shall not subsist in any work made before January 1, 1924 otherwise than under and in accordance with the provisions of this section.
[R.S., 1985, c.C-42, s.60; R.S., 1985, c.10 (4th Supp.), s.17(F).]


CLERICAL ERRORS NOT TO INVALIDATE

Clerical errors do not invalidate
61. Clerical errors in any instrument of record in the Copyright Office do not invalidate the instrument, but they may be corrected under the authority of the Registrar of Copyrights.
[R.S., 1985, c.C-42, s.61; 1992, c.1, s.52; 1993, c.15, s.10.]


RULES AND REGULATIONS

Governor in Council to make rules and forms
62. (1) The Governor in Council may make such rules and regulations and prescribe such forms as appear to him necessary and expedient for the purposes of this Act.
Rights saved
(2) The Governor in Council may make orders for altering, revoking or varying any order in council made under this Act, but any order made under this section does not affect prejudicially any rights or interests acquired or accrued at the date when the order comes into operation, and shall provide for the protection of those rights and interests.
[R.S., c.C-30, s.44.]


GENERAL

No copyright unless under this Act
63. No person is entitled to copyright or any similar right in any literary, dramatic, musical or artistic work otherwise than under and in accordance with this Act, or of any other statutory enactment for the time being in force, but nothing in this section shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.
[R.S., c.C-30, s.45.]

Interpretation
64. (1) In this section and section 64.1,
"article"
«objet»
means any thing that is made by hand, tool or machine;
"design"
«dessin»
means features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye;
"useful article"
«lobjet utilitaire»
means an article that has a utilitarian function and includes a model of any such article;
"utilitarian function"
«fonction utilitaire»
in respect of an article, means a function other than merely serving as a substrate or carrier for artistic or literary matter.
Non-infringement re certain designs
(2) Where copyright subsists in a design applied to a useful article or in an artistic work from which the design is derived and, by or under the authority of any person who owns the copyright in Canada or who owns the copyright elsewhere,
(a) the article is reproduced in a quantity of more than fifty, or
(b) where the article is a plate, engraving or cast, the article is used for producing more than fifty useful articles,
it shall not thereafter be an infringement of the copyright or the moral rights for anyone
(c) to reproduce the design of the article or a design not differing substantially from the design of the article by
(i) making the article, or
(ii) making a drawing or other reproduction in any material form of the article, or
(d) to do with an article, drawing or reproduction that is made as described in paragraph (c) anything that the owner of the copyright has the sole right to do with the design or artistic work in which the copyright subsists.
Exception
(3) Subsection (2) does not apply in respect of the copyright or the moral rights in an artistic work in so far as the work is used as or for
(a) a graphic or photographic representation that is applied to the face of an article;
(b) a trade-mark or a representation thereof or a label;
(c) material that has a woven or knitted pattern or that is suitable for piece goods or surface coverings or for making wearing apparel;
(d) an architectural work that is a building or a model of a building;
(e) a representation of a real or fictitious being, event or place that is applied to an article as a feature of shape, configuration, pattern or ornament;
(f) articles that are sold as a set, unless more than fifty sets are made; or
(g) such other work or article as may be prescribed by regulation of the Governor in Council.
Idem
(4) Subsections (2) and (3) apply only in respect of designs created after the coming into force of this subsection, and section 64 of this Act and the Industrial Design Act, as they read immediately before the coming into force of this subsection, as well as the rules made under them, continue to apply in respect of designs created before that coming into force.
[R.S., 1985, c.C-42, s.64; R.S., 1985, c.10 (4th Supp.), s.11; 1993, c.44, s.68.]

Non-infringement re useful article features
64.1 (1) The following acts do not constitute an infringement of the copyright or moral rights in a work:
(a) applying to a useful article features that are dictated solely by a utilitarian function of the article;
(b) by reference solely to a useful article, making a drawing or other reproduction in any material form of any features of the article that are dictated solely by a utilitarian function of the article;
(c) doing with a useful article having only features described in paragraph (a), or with a drawing or reproduction made as described in paragraph (b), anything that the owner of the copyright has the sole right to do with the work; and
(d) using any method or principle of manufacture or construction.
Exception
(2) Nothing in subsection (1) affects the copyright or the moral rights in a record, perforated roll, cinematograph film or other contrivance by means of which a work may be mechanically reproduced, performed or delivered.
[R.S., 1985, c.10 (4th Supp.), s.11.]

Application of Act to topographies
64.2 (1) This Act does not apply, and shall be deemed never to have applied, to any topography or to any design, however expressed, that is intended to generate all or part of a topography.
Computer programs
(2) For greater certainty, the incorporation of a computer program into an integrated circuit product or the incorporation of a work into such a computer program may constitute an infringement of the copyright or moral rights in a work.
Definitions
(3) In this section, "topography" and "integrated circuit product" have the same meaning as in the Integrated Circuit Topography Act.
[1990, c.37, s.33.]

65. [Repealed, 1993, c.44, s.69.]


COPYRIGHT BOARD

Establishment
66. (1) There is hereby established a Board, to be known as the Copyright Board, consisting of not more than five members, including a chairman and a vice-chairman, to be appointed by the Governor in Council.
Service
(2) The members of the Board shall be appointed to serve either full-time or part-time.
Chairman
(3) The chairman must be a judge, either sitting or retired, of a superior, county or district court.
Tenure
(4) Each member of the Board shall hold office during good behaviour for a term not exceeding five years, but may be removed at any time by the Governor in Council for cause.
Re-appointment
(5) A member of the Board is eligible to be re-appointed once only.
Prohibition
(6) A member of the Board shall not be employed in the Public Service within the meaning of the Public Service Staff Relations Act during the member's term of office.
Members deemed public service employees
(7) A full-time member of the Board, other than the chairman, shall be deemed to be employed in
(a) the Public Service for the purposes of the Public Service Superannuation Act; and
(b) the public service of Canada for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.
[R.S., 1985, c.C-42, s.66; R.S., 1985, c.10 (1st Supp.), s.1, c.10 (4th Supp.), s.12.]

Duties of chairman
66.1 (1) The chairman shall direct the work of the Board and apportion its work among the members of the Board.
Absence or incapacity of chairman
(2) If the chairman is absent or incapacitated or if the office of chairman is vacant, the vice-chairman has all the powers and functions of the chairman during the absence, incapacity or vacancy.
Duties of vice-chairman
(3) The vice-chairman is the chief executive officer of the Board and has supervision over and direction of the Board and its staff.
[R.S., 1985, c.10 (4th Supp.), s.12.]

Remuneration and expenses
66.2 The members of the Board shall be paid such remuneration as may be fixed by the Governor in Council and are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties under this Act while absent from their ordinary place of residence.
[R.S., 1985, c.10 (4th Supp.), s.12.]

Conflict of interest prohibited
66.3 (1) A member of the Board shall not, directly or indirectly, engage in any activity, have any interest in a business or accept or engage in any office or employment that is inconsistent with the member's duties.
Termination of conflict of interest
(2) Where a member of the Board becomes aware that he is in a conflict of interest contrary to subsection (1), the member shall, within one hundred and twenty days, terminate the conflict or resign.
[R.S., 1985, c.10 (4th Supp.), s.12.]

Staff
66.4 (1) Such officers and employees as are necessary for the proper conduct of the work of the Board shall be appointed in accordance with the Public Service Employment Act.
Idem
(2) The officers and employees referred to in subsection (1) shall be deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act.
Technical assistance
(3) The Board may engage on a temporary basis the services of persons having technical or specialized knowledge to advise and assist in the performance of its duties and the Board may, in accordance with Treasury Board directives, fix and pay the remuneration and expenses of those persons.
[R.S., 1985, c.10 (4th Supp.), s.12.]

Concluding matters after membership expires
66.5 (1) A member of the Board whose term expires may conclude the matters that the member has begun to consider.
Decisions
(2) Matters before the Board shall be decided by a majority of the members of the Board and the presiding member shall have a second vote in the case of a tie.
[R.S., 1985, c.10 (4th Supp.), s.12.]

Interim decisions
66.51 The Board may, on application, make an interim decision.
[R.S., 1985, c.10 (4th Supp.), s.12.]

Variation of decisions
66.52 A decision of the Board respecting royalties that are effective for more than one year or their related terms and conditions that is made under subsection 67.2(1), 70.2(2), 70.6(1) or 70.63(1) may, on application made at least one year after the royalties become effective, be varied by the Board if, in its opinion, there has been a material change in the circumstances pertaining to the decision since it was made.
[R.S., 1985, c.10 (4th Supp.), s.12; 1988, c.65, s.64.]

Regulations
66.6 (1) The Board may, with the approval of the Governor in Council, make regulations governing
(a) the practice and procedure in respect of the Board's hearings, including the number of members of the Board that constitutes a quorum;
(b) the time and manner in which applications and notices must be made or given;
(c) the establishment of forms for the making or giving of applications and notices; and
(d) the carrying out of the work of the Board, the management of its internal affairs and the duties of its officers and employees.
Publication of proposed regulations
(2) A copy of each regulation that the Board proposes to make under subsection (1) shall be published in the Canada Gazette at least sixty days before the proposed effective date thereof and a reasonable opportunity shall be given to interested persons to make representations with respect thereto.
Exception
(3) No proposed regulation that has been published pursuant to subsection (2) need again be published under that subsection, whether or not it has been altered as a result of representations made with respect thereto.
[R.S., 1985, c.10 (4th Supp.), s.12.]

General powers, etc.
66.7 (1) The Board has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its decisions and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record.
Enforcement of decisions
(2) Any decision of the Board may, for the purposes of its enforcement, be made an order of the Federal Court or of any superior court and is enforceable in the same manner as an order thereof.
Procedure
(3) To make a decision of the Board an order of a court, the usual practice and procedure of the court in such matters may be followed or a certified copy of the decision may be filed with the registrar of the court and thereupon the decision becomes an order of the court.
Effect of variation of decision
(4) Where a decision of the Board that has been made an order of a court is varied by a subsequent decision of the Board, the order of the court shall be deemed to have been varied accordingly and the subsequent decision may, in the same manner, be made an order of the court.
[R.S., 1985, c.10 (4th Supp.), s.12.]
Studies
66.8 The Board shall conduct such studies with respect to the exercise of its powers as are requested by the Minister.
[R.S., 1985, c.10 (4th Supp.), s.12.]

Report
66.9 (1) The Board shall, not later than August 31 in each year, submit to the Governor in Council through the Minister an annual report on the Board's activities for the preceding year describing briefly the applications made to the Board, the Board's decisions and any other matter that the Board considers relevant.
Tabling
(2) The Minister shall cause a copy of each annual report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report.
[R.S., 1985, c.10 (4th Supp.), s.12.]


COLLECTIVE ADMINISTRATION OF PERFORMING RIGHTS

Performance and communication rights
67. (1) Each society, association or corporation that carries on
(a) the business of granting licences for the performance in public of dramatico-musical or musical works, or
(b) the business of granting licences for the communication to the public by telecommunication of dramatico-musical or musical works, other than the communication of those works in a manner described in subsection 28.01(2),
shall, from time to time, file at the Copyright Office lists of all dramatico-musical and musical works in current use in respect of which the society, association or corporation has authority to grant such licences.
Filing of statements of royalties
(2) Each society, association or corporation referred to in subsection (1) shall, on or before the first day of September next preceding the date when its last statement approved pursuant to subsection 67.2(1) expires, file with the Board a statement in both official languages of all royalties that the society, association or corporation proposes to collect for the grant of the licences referred to in subsection (1).
Where no previous statement
(3) Each society, association or corporation referred to in subsection (1) in respect of which no statement of royalties has been approved pursuant to subsection 67.2(1) shall, on or before the first day of September next preceding their proposed effective date, file with the Board a statement in both official languages of all royalties that the society, association or corporation proposes to collect for the grant of the licences referred to in subsection (1).
Effective period of statements
(4) A statement of royalties must provide that the royalties are to be effective for periods each of which shall be at least one year and begin on January 1 in any year and end on December 31 in any year.
Prohibition of enforcement
(5) Where a statement of proposed royalties is not filed with respect to a work mentioned in subsection (1), no action shall be commenced for infringement of the right to perform the work in public, or communicate the work to the public by telecommunication, without the written consent of the Minister.
[R.S., 1985, c.C-42, s.67; R.S., 1985, c.10 (1st Supp.), s.1, c.10 (4th Supp.), s.12; 1993, c.23, s.3.]

Publication of statements
67.1 (1) As soon as practicable after the receipt of a statement filed pursuant to subsection 67(2), the Board shall publish it in the Canada Gazette and shall give notice that, within twenty-eight days after the publication of the statement, prospective users or their representatives may file written objections to the statement with the Board.
Board to consider statements and objections
(2) The Board shall, as soon as practicable, consider a statement and any objections thereto referred to in subsection (1) or raised by the Board and
(a) send to the society, association or corporation concerned a copy of the objections so as to permit it to reply; and
(b) send to the persons who filed the objections a copy of any reply thereto.
[R.S., 1985, c.10 (4th Supp.), s.12.]

Certification with alterations
67.2 (1) On the conclusion of the Board's consideration of a statement, any objections to it and any reply to the objections, the Board shall
(a) certify the statement as approved, with or without such alterations to the royalties and related terms and conditions specified therein as the Board may make;
(b) publish the approved statement in the Canada Gazette as soon as practicable; and
(c) send a copy of the approved statement, together with reasons for the Board's decision, to the society, association or corporation concerned and to any person who filed an objection.
Preferential royalty rate
(1.1) The Board shall, in certifying a statement as approved under paragraph (1)(a), ensure that there is a preferential royalty rate for small cable transmission systems.
Regulations
(1.2) The Governor in Council may make regulations defining "small cable transmission system" for the purpose of subsection (1.1).
Effect of fixing royalties
(2) Without prejudice to any other remedies available to it, a society, association or corporation may, for the period specified in its approved statement, collect the royalties specified in the statement or, in default of their payment, recover them in a court of competent jurisdiction.
Right of action barred if royalties tendered or paid
(3) No action shall be brought for the infringement of the right to perform in public, or communicate to the public by telecommunication, a work referred to in subsection 67(1) against a person who has paid or offered to pay the royalties specified in an approved statement.
[R.S., 1985, c.10 (4th Supp.), s.12; 1993, c.23, s.4.]

Continuation of rights
67.3 Where a society, association or corporation files a statement of royalties for the performance in public or the communication to the public by telecommunication of its works in accordance with subsection 67(2), any person entitled to perform in public or communicate to the public by telecommunication those works pursuant to the previous statement may do so, even though the royalties set out therein have ceased to be in effect, and the society, association or corporation may collect those royalties despite their ceasing to be in effect, until the new statement is approved.
[R.S., 1985, c.10 (4th Supp.), s.12; 1993, c.23, s.5.]

Rights of societies, etc.
68. For greater certainty, the same society, association or corporation may carry on both of the businesses referred to in paragraphs 67(1)(a) and (b), as well as the business of a collecting body for the purposes of sections 70.61 to 70.67.
[R.S., 1985, c.C-42, s.68; R.S., 1985, c.10 (4th Supp.), s.13; 1993, c.23, s.5.]

69. (1) [Repealed, R.S., 1985, c.10 (4th Supp.), s.14.]
Radio performances in places other than theatres
(2) In respect of public performances by means of any radio receiving set in any place other than a theatre that is ordinarily and regularly used for entertainments to which an admission charge is made, no royalties shall be collectable from the owner or user of the radio receiving set, but the Board shall, in so far as possible, provide for the collection in advance from radio broadcasting stations of royalties appropriate to the conditions produced by the provisions of this subsection and shall fix the amount of the same.
Expenses to be taken into account
(3) In fixing royalties pursuant to subsection (2), the Board shall take into account all expenses of collection and other outlays, if any, saved or savable by, for or on behalf of the owner of the copyright or performing right concerned or his agents, in consequence of subsection (2).
(4) [Repealed, R.S., 1985, c.10 (4th Supp.), s.14.]
[R.S., 1985, c.C-42, s.69; R.S., 1985, c.10 (4th Supp.), s.14; 1993, c.44, s.73.]

70. [Repealed, R.S., 1985, c.10 (4th Supp.), s.15.]


COLLECTIVE ADMINISTRATION OF COPYRIGHT

Definition of "licensing body"
70.1 For the purposes of sections 70.2 to 70.6, "licensing body" means a society, association or corporation, other than a society, association or corporation referred to in subsection 67(1), that
(a) carries on the business of collective administration of copyright for the benefit of those who, by assignment, grant of licence, appointment of it as their agent or otherwise, authorize it to act on their behalf in relation to that collective administration; and
(b) operates a licensing scheme, applicable in relation to a repertoire of works of more than one author, pursuant to which the society, association or corporation sets out the classes of uses for which and the royalties and terms and conditions on which it agrees to authorize the doing of an act mentioned in section 3 in respect of those works.
[R.S., 1985, c.10 (4th Supp.), s.16.]

Application to fix amount of royalty, etc.
70.2 (1) Where a licensing body and any person not otherwise authorized to do an act mentioned in section 3 in respect of the works included in the licensing body's repertoire are unable to agree on the royalties to be paid for the right to do the act or on their related terms and conditions, either of them or a representative of either may, after giving notice to the other, apply to the Board to fix the royalties and their related terms and conditions.
Fixing royalties, etc.
(2) The Board may fix the royalties and their related terms and conditions in respect of a licence during such period of not less than one year as the Board may specify and, as soon as practicable after rendering its decision, the Board shall send a copy thereof, together with the reasons therefor, to the licensing body and the person concerned or that person's representative.
[R.S., 1985, c.10 (4th Supp.), s.16.]

Agreement
70.3 (1) The Board shall not proceed with an application under section 70.2 where a notice is filed with the Board that an agreement touching the matters in issue has been reached.
Idem
(2) An agreement referred to in subsection (1) is effective during the year following the expiration of the previous agreement, if any, or of the last period specified under subsection 70.2(2).
[R.S., 1985, c.10 (4th Supp.), s.16.]

Effect of Board decision
70.4 Where any royalties are fixed for a period pursuant to subsection 70.2(2), the person concerned may, during the period, subject to the related terms and conditions fixed by the Board and to the terms and conditions set out in the scheme and on paying or offering to pay the royalties, do the act with respect to which the royalties and their related terms and conditions are fixed and the licensing body may, without prejudice to any other remedies available to it, collect the royalties or, in default of their payment, recover them in a court of competent jurisdiction.
[R.S., 1985, c.10 (4th Supp.), s.16.]


EXAMINATION OF AGREEMENTS

Definition of "Director"
70.5 (1) For the purposes of this section and section 70.6, "Director" means the Director of Investigation and Research appointed under the Competition Act.
Filing agreement with the Board
(2) Where a licensing body concludes an agreement to grant a licence authorizing a person to do an act mentioned in section 3, the licensing body or the person may file a copy of the agreement with the Board within fifteen days after it is concluded.
Idem
(3) Section 45 of the Competition Act does not apply in respect of any royalties or related terms and conditions arising under an agreement filed in accordance with subsection (2).
Access by Director
(4) The Director may have access to the copy of an agreement filed in accordance with subsection (2).
Request for examination
(5) Where the Director considers that an agreement filed in accordance with subsection (2) is contrary to the public interest, the Director may, after advising the parties concerned, request the Board to examine the agreement.
[R.S., 1985, c.10 (4th Supp.), s.16.]

Examination and fixing of royalty
70.6 (1) The Board shall, as soon as practicable, consider a request by the Director to examine an agreement and the Board may, after giving the Director and the parties concerned an opportunity to present their arguments, alter the royalties and any related terms and conditions arising under the agreement, in which case section 70.4 applies with such modifications as the circumstances require.
Idem
(2) As soon as practicable after rendering its decision, the Board shall send a copy thereof, together with the reasons therefor, to the parties concerned and to the Director.
[R.S., 1985, c.10 (4th Supp.), s.16.]


ROYALTIES FOR RETRANSMISSION

Filing of statements of proposed royalties
70.61 (1) Each society, association or corporation that carries on the business of collecting, for the benefit of those who, by assignment, grant of licence, appointment of it as their agent or otherwise, authorize it to act on their behalf for that purpose, royalties for the communication of a work in the manner described in subsection 28.01(2), in sections 70.62 to 70.67 referred to as a "collecting body", may file with the Board a statement of those royalties, but no other person may file any such statement.
Times for filing
(2) Statements of royalties must be in both official languages and must be filed before the March 31 immediately before the date when the approved statement ceases to be effective.
Effective period of statements
(3) A statement of royalties must provide that the royalties are to be effective for periods of one or more calendar years.
[1988, c.65, s.65; 1993, c.15, s.11.]

Publication of statements
70.62 (1) As soon as practicable after the receipt of a statement filed pursuant to section 70.61, the Board shall publish it in the Canada Gazette and shall give notice that, within twenty-eight days after that publication, prospective retransmitters or their representatives may file written objections to the statement with the Board.
Board to consider statements and objections
(2) The Board shall, as soon as practicable, consider the statement and any objections thereto referred to in subsection (1) or raised by the Board and
(a) send to the collecting body a copy of the objections so as to permit it to reply; and
(b) send to the persons who filed the objections a copy of any reply thereto.
[1988, c.65, s.65.]

Certification
70.63 (1) On the conclusion of its consideration of the statements of royalties, the Board shall
(a) establish, having regard amongst others to the criteria established under subsection (4),
(i) a manner of determining the amount of the royalties to be paid by each class of retransmitter, and
(ii) such terms and conditions related to those royalties as the Board considers appropriate;
(b) determine what portion of the royalties referred to in paragraph (a) is to be paid to each collecting body;
(c) vary the statements accordingly; and
(d) certify the statements as the approved statements, whereupon those statements become for the purposes of this Act the approved statements.
No discrimination
(2) For greater certainty, neither the Board, in establishing a manner of determining royalties under paragraph (1)(a) or in apportioning them under paragraph (1)(b), nor the Governor in Council, in varying any such manner under section 70.67, may discriminate between copyright owners on the ground of their nationality or residence.
Publication
(3) The Board shall cause the approved statements to be published in the Canada Gazette as soon as practicable and send a copy of each approved statement, together with reasons for the Board's decision, to each collecting body and to any person who filed an objection under section 70.62.
Criteria
(4) The Governor in Council may make regulations establishing criteria to which the Board must have regard in establishing under paragraph (1)(a) a manner of determining royalties that are fair and equitable.
[1988, c.65, s.65.]

Special case
70.64 (1) The Board shall, in establishing a manner of determining royalties under paragraph 70.63(1)(a), ensure that there is a preferential rate for small retransmission systems.
Regulations
(2) The Governor in Council may make regulations defining "small retransmission systems" for the purpose of subsection (1).
[1988, c.65, s.65.]

Effect of fixing royalties
70.65 Without prejudice to any other remedies available to it, a collecting body may, for the period specified in its approved statement, collect the royalties so specified or, in default of their payment, recover them in a court of competent jurisdiction.
[1988, c.65, s.65.]

Claims by non-members
70.66 (1) An owner or person claiming under the owner of the right referred to in paragraph 3(1)(f) in respect of a work who does not authorize a collecting body to collect, for that person's benefit, royalties for the communication of the work in the manner described in subsection 28.01(2) is, if that work is so communicated during a period when an approved statement that is applicable to that kind of work is effective, entitled to be paid those royalties by the collecting body that is designated by the Board, of its own motion or on application, subject to the same conditions as those to which a person who has so authorized that collecting body is subject.
Exclusion of remedies
(2) The entitlement referred to in subsection (1) is the only remedy of the owner or person claiming under the owner of the right to communicate a work for the payment of royalties for the communication of the work.
Regulations and orders
(3) The Board may, for the purposes of this section,
(a) require a collecting body to file with the Board information relating to payments of royalties collected by it to the persons who have authorized it to collect those royalties; and
(b) by regulation, establish the periods, which shall not be less than twelve months, beginning on the communication of the work, within which the entitlement referred to in subsection (1) must be exercised.
[1988, c.65, s.65.]

Variation by Governor in Council
70.67 (1) The Governor in Council may, by order made
(a) within ninety days after the Board has certified statements of royalties, and
(b) on application filed with the Minister within thirty days after the statements are published in the Canada Gazette,
vary, as of January 1, being the effective date of the royalties, a manner established under paragraph 70.63(1)(a) of determining their amount, but not their apportionment under paragraph 70.63(1)(b).
Collection
(2) The royalties may be collected even though an application referred to in subsection (1) is filed.
[1988, c.65, s.65.]


OWNERS WHO CANNOT BE LOCATED

Circumstances in which licence may be issued by Board
70.7 (1) Where, on application to the Board by a person who wishes to obtain a licence to use a published work in which copyright subsists, the Board is satisfied that the applicant has made reasonable efforts to locate the owner of the copyright and that the owner cannot be located, the Board may issue to the applicant a licence to do an act mentioned in section 3.
Conditions of licence
(2) A licence issued under subsection (1) is non-exclusive and is subject to such terms and conditions as the Board may establish.
Payment to owner
(3) The owner of a copyright may, not later than five years after the expiration of a licence issued pursuant to subsection (1) in respect of the copyright, collect the royalties fixed in the licence or, in default of their payment, commence an action to recover them in a court of competent jurisdiction.
[R.S., 1985, c.10 (4th Supp.), s.16.]


CONVENTION OF ROME

Adherence to Rome Copyright Convention
71. The Governor in Council may take such action as may be deemed necessary to secure the adherence of Canada to the revised Convention for the protection of artistic and literary works that was signed at Rome June 2, 1928 and that is set out in Schedule III.
[R.S., c.C-30, s.51.]


SCHEDULES I, II, III