Chapter C-42

Copyright Act


SHORT TITLE

1. Short title.

INTERPRETATION

2. Definitions.
2.1 Compilations / Idem.

COPYRIGHT

3. Definition of "copyright" / Simultaneous fixing / Interpretation / Restriction / Networks, programming undertakings / Regulations / Exception / Rentals of computer programs / Idem / Telecommunication to the public.
4. Definition of "publication" / When work not deemed to be published, etc. / Unpublished works / When author deemed to be resident.

WORKS IN WHICH COPYRIGHT MAY SUBSIST

5. Conditions for subsistence of copyright / Idem / Idem / Minister may extend copyright to other countries / Copyright extended to Universal Copyright Convention countries / Copyright in records and contrivances / Nature of copyright / What constitues rental / Idem / Reciprocity protection preserved.

TERM OF COPYRIGHT

6. Term of copyright.
6.1 Anonymous and pseudonymous works.
6.2 Anonymous and pseudonymous works of joint authorship.
7. Term of copyright in posthumous works.
8. [Repealed.]
9. Cases of joint authorship / Nationals of other countries.
10. Term of copyright in photographs / Author of photograph.
11. Term of copyright in records, perforated rolls, etc.
11.1 Cinematographs.
12. Where copyright belongs to Her Majesty.

OWNERSHIP OF COPYRIGHT

13. Ownership of copyright / Engraving, photograph or portrait / Work made in the course of employment / Assignment of right by owner.
14. Limitation where author is first owner of copyright / Restriction / Ownership in case of partial assignment / [Repealed.].

MORAL RIGHTS

14.1 Moral rights / No assignment of moral rights / No waiver by assignment / Effect of waiver.
14.2 Term / Succession.
15. [Repealed.]

LICENCES

16. Application for licence to print book in Canada by others than owner / Form stating retail price / Deposit with application / Notice to owner.
17. Where owner does not proceed, application may be granted / Where two or more persons apply for a licence.
18. Rights of licensee / Royalty / Undertaking by licensee / Endorsements on book.
19. Cancellation of licence
20. Suppression by copyright owner
21. Second or later edition

SERIAL LICENCE

22. Licence to publish book in serial form / Application / Draft contract.
23. Terms of licence / Deposit with application / Importation of magazines, etc., not prohibited.
24. Definitions.
25. Licence deemed a contract / Licensee to have right of action / Licence declared forfeited on default / Particulars in Register.
26. Fees paid to Minister / Deposits and royalty paid to Minister / Payment of royalty stamped on book / Application of provisions regarding licences.

INFRINGEMENT OF COPYRIGHT

27. Infringement of copyright / Acts not constituting infringement of copyright / Further exceptions / Infringement by personal action / Public performance for private profit without owner's consent / Restriction on paragraph (2)(i) or (j).
28. Report in newspaper of political speech no infringement.

RETRANSMISSION

28.01 Interpretation / Retransmission of local signals / Regulations.

MORAL RIGHTS INFRINGEMENT

28.1 Infringement generally.
28.2 Nature of right of integrity / Where prejudice deemed / When work not distorted, etc.
29. to 33. [Repealed.]

CIVIL REMEDIES

34. Civil remedies / Moral rights / Costs / Presumptions respecting copyright and ownership / Idem.
35. Liability for infringing copyright / Proof of profits.
36. Protection of separate rights
37. Concurrent jurisdiction of Federal Court
38. Ownership of copies and plates
39. Injunction only remedy when defendant not aware of copyright
40. No injunction in case of a building / Penalties not to apply.
41. Time limit for actions.

SUMMARY REMEDIES

42. Offences and punishment / Possession and performance offences and punishment / Power of court to deal with copies or plates.
43. Infringement in case of dramatic, operatic or musical work / Change or suppression of title or author's name.

IMPORTATION OF COPIES

44. Importation of certain copyright works prohibited
44.1 Definitions / Power of court / Order of court / How application made / Court may require security / Application for directions / Minister may allow inspection / Where applicant fails to commence an action / Where court finds in plaintiff's favour / Other remedies not affected.
45. No importation where right or licence to reproduce in Canada granted / Notice required of intention to import / Exceptions / Satisfactory evidence / Application of provisions regarding importation.

ADMINISTRATION

46. Copyright Office.
47. Powers of Commissioner and Registrar.
48. Registrar.
49. Register of Copyrights, certificates and certified copies.
50. Other duties of Registrar.
51. [Repealed.]
52. Control of business and officials.
53. Register to be evidence / Certificate to be evidence / Admissibility.

REGISTRATION

54. Register of Copyrights / Entries by authors, etc. / Single entry sufficient / Indices / Inspection and extracts / Former registration effective / Subsisting copyright.
55. Who may apply for registration / Recovery of damages.
56. Form of application
57. Registration of a grant of interest in copyright / [Repealed.] / When grant is void / Rectification of Register by the Court.
58. Execution of instruments in United Kingdom, etc. / Execution of instruments in foreign countries / Seals to be evidence / Oral testimony.

FEES

59. Fees regulations.

SUBSTITUTED RIGHT

60. Subsistence of substituted right / Where author has assigned the right / Definition of "author" / Works made before this Act in force.

CLERICAL ERRORS NOT TO INVALIDATE

61. Clerical errors do not invalidate

RULES AND REGULATIONS

62. Governor in Council to make rules and forms / Rights saved.

GENERAL

63. No copyright unless under this Act
64. Interpretation / Non-infringement re certain designs / Exception / Idem.
64.1 Non-infringement re useful article features / Exception.
64.2 Application of Act to topographies / Computer programs / Definitions.
65. [Repealed.]

COPYRIGHT BOARD

66. Establishment / Service / Chairman / Tenure / Re-appointment / Prohibition / Members deemed public service employees.
66.1 Duties of chairman / Absence or incapacity of chairman / Duties of vice-chairman.
66.2 Remuneration and expenses.
66.3 Conflict of interest prohibited / Termination of conflict of interest.
66.4 Staff / Idem / Technical assistance.
66.5 Concluding matters after membership expires / Decisions.
66.51 Interim decisions.
66.52 Variation of decisions.
66.6 Regulations / Publication of proposed regulations / Exception.
66.7 General powers, etc. / Enforcement of decisions / Procedure / Effect of variation of decision.
66.8 Studies.
66.9 Report / Tabling.

COLLECTIVE ADMINISTRATION OF PERFORMING RIGHTS

67. Performance and communication rights / Filing of statements of royalties / Where no previous statement / Effective period of statements / Prohibition of enforcement.
67.1 Publication of statements / Board to consider statements and objections.
67.2 Certification with alterations / Preferential royalty rate / Regulations / Effect of fixing royalties / Right of action barred if royalties tendered or paid.
67.3 Continuation of rights
68. Rights of societies, etc.
69. [Repealed.] / Radio performances in places other than theatres / Expenses to be taken into account / [Repealed.].
70. [Repealed.]

COLLECTIVE ADMINISTRATION OF COPYRIGHT

70.1 Definition of "licensing body"
70.2 Application to fix amount of royalty, etc. / Fixing royalties, etc.
70.3 Agreement / Idem.
70.4 Effect of Board decision.

EXAMINATION OF AGREEMENTS

70.5 Definition of "Director" / Filing agreement with the Board / Idem / Access by Director / Request for examination.
70.6 Examination and fixing of royalty / Idem.

ROYALTIES FOR RETRANSMISSION

70.61 Filing of statements of proposed royalties / Times for filing / Effective period of statements.
70.62 Publication of statements / Board to consider statements and objections.
70.63 Certification / No discrimination / Publication / Criteria.
70.64 Special case / Regulations.
70.65 Effect of fixing royalties.
70.66 Claims by non-members / Exclusion of remedies / Regulations and orders.
70.67 Variation by Governor in Council / Collection.

OWNERS WHO CANNOT BE LOCATED

70.7 Circumstances in which licence may be issued by Board / Conditions of licence / Payment to owner.

CONVENTION OF ROME

71. Adherence to Rome Copyright Convention.

SCHEDULES I, II, III