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.]