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Copyright Act (R.S., 1985, c. C-42)
Definitions
**2. ** In this Act,
"architectural work"
"architectural work" 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"architectural work of art" [Repealed, 1993, c. 44, s. 53]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"
"artistic work" includes paintings, drawings, maps, charts, plans,
photographs, engravings, sculptures, works of artistic craftsmanship,
architectural works, and compilations of artistic works;
"Berne Convention country"
"Berne Convention country" 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"
"Board" means the Copyright Board established by subsection 66(1);
"book"
"book" means a volume or a part or division of a volume, in printed form, but
does not include
(a) a pamphlet,
(b) a newspaper, review, magazine or other periodical,
(c) a map, chart, plan or sheet music where the map, chart, plan or sheet
music is separately published, and
(d) an instruction or repair manual that accompanies a product or that is
supplied as an accessory to a service;
"broadcaster"
"broadcaster" means a body that, in the course of operating a broadcasting
undertaking, broadcasts a communication signal in accordance with the law of
the country in which the broadcasting undertaking is carried on, but excludes
a body whose primary activity in relation to communication signals is their
retransmission;
"choreographic work"
"choreographic work" includes any work of choreography, whether or not it has
any story line;
"cinematograph" [Repealed, 1997, c. 24, s. 1]
"cinematographic work"
"cinematographic work" includes any work expressed by any process analogous to
cinematography, whether or not accompanied by a soundtrack;
"collective society"
"collective society" means a society, association or corporation that carries
on the business of collective administration of copyright or of the
remuneration right conferred by section 19 or 81 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
(a) operates a licensing scheme, applicable in relation to a repertoire of
works, performer's performances, sound recordings or communication signals of
more than one author, performer, sound recording maker or broadcaster,
pursuant to which the society, association or corporation sets out classes of
uses that it agrees to authorize under this Act, and the royalties and terms
and conditions on which it agrees to authorize those classes of uses, or
(b) carries on the business of collecting and distributing royalties or levies
payable pursuant to this Act;
"collective work"
"collective work" 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;
"commercially available"
"commercially available" means, in relation to a work or other subject-matter,
(a) available on the Canadian market within a reasonable time and for a
reasonable price and may be located with reasonable effort, or
(b) for which a licence to reproduce, perform in public or communicate to the
public by telecommunication is available from a collective society within a
reasonable time and for a reasonable price and may be located with reasonable
effort;
"communication signal"
"communication signal" means radio waves transmitted through space without any
artificial guide, for reception by the public;
"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"
"computer program" 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;
"copyright"
"copyright" means the rights described in
(a) section 3, in the case of a work,
(b) sections 15 and 26, in the case of a performer's performance,
(c) section 18, in the case of a sound recording, or
(d) section 21, in the case of a communication signal;
"country"
"country" includes any territory;
"defendant"
"defendant" includes a respondent to an application;
"delivery" [Repealed, 1997, c. 24, s. 1]
"dramatic work"
"dramatic work" 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 cinematographic work, and
(c) any compilation of dramatic works;
"educational institution"
"educational institution" means
(a) a non-profit institution licensed or recognized by or under an Act of
Parliament or the legislature of a province to provide pre-school, elementary,
secondary or post-secondary education,
(b) a non-profit institution that is directed or controlled by a board of
education regulated by or under an Act of the legislature of a province and
that provides continuing, professional or vocational education or training,
(c) a department or agency of any order of government, or any non-profit body,
that controls or supervises education or training referred to in paragraph (a)
or (b), or
(d) any other non-profit institution prescribed by regulation;
"engravings"
"engravings" includes etchings, lithographs, woodcuts, prints and other
similar works, not being photographs;
"every original literary, dramatic, musical and artistic work"
"every original literary, dramatic, musical and artistic work" 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;
"exclusive distributor"
"exclusive distributor" means, in relation to a book, a person who
(a) has, before or after the coming into force of this definition, been
appointed in writing, by the owner or exclusive licensee of the copyright in
the book in Canada, as
(i) the only distributor of the book in Canada or any part of Canada, or
(ii) the only distributor of the book in Canada or any part of Canada in
respect of a particular sector of the market, and
(b) meets the criteria established by regulations made under section 2.6,
and, for greater certainty, if there are no regulations made under section
2.6, then no person qualifies under this definition as an "exclusive
distributor";
"Her Majesty's Realms and Territories" [Repealed, 1997, c. 24, s. 1]
"infringing"
"infringing" means
(a) in relation to a work in which copyright subsists, any copy, including any
colourable imitation, made or dealt with in contravention of this Act,
(b) in relation to a performer's performance in respect of which copyright
subsists, any fixation or copy of a fixation of it made or dealt with in
contravention of this Act,
(c) in relation to a sound recording in respect of which copyright subsists,
any copy of it made or dealt with in contravention of this Act, or
(d) in relation to a communication signal in respect of which copyright
subsists, any fixation or copy of a fixation of it made or dealt with in
contravention of this Act.
The definition includes a copy that is imported in the circumstances set out
in paragraph 27(2)(e) and section 27.1 but does not otherwise include a copy
made with the consent of the owner of the copyright in the country where the
copy was made;
"lecture"
"lecture" includes address, speech and sermon;
"legal representatives"
"legal representatives" includes heirs, executors, administrators, successors
and assigns, or agents or attorneys who are thereunto duly authorized in
writing;
"library, archive or museum"
"library, archive or museum" means
(a) an institution, whether or not incorporated, that is not established or
conducted for profit or that does not form a part of, or is not administered
or directly or indirectly controlled by, a body that is established or
conducted for profit, in which is held and maintained a collection of
documents and other materials that is open to the public or to researchers, or
(b) any other non-profit institution prescribed by regulation;
"literary work"
"literary work" includes tables, computer programs, and compilations of
literary works;
"maker"
"maker" means
(a) in relation to a cinematographic work, the person by whom the arrangements
necessary for the making of the work are undertaken, or
(b) in relation to a sound recording, the person by whom the arrangements
necessary for the first fixation of the sounds are undertaken;
"Minister"
"Minister", except in section 44.1, means the Minister of Industry;
"moral rights"
"moral rights" means the rights described in subsection 14.1(1);
"musical work"
"musical work" means any work of music or musical composition, with or without
words, and includes any compilation thereof;
"perceptual disability"
"perceptual disability" means a disability that prevents or inhibits a person
from reading or hearing a literary, musical, dramatic or artistic work in its
original format, and includes such a disability resulting from
(a) severe or total impairment of sight or hearing or the inability to focus
or move one's eyes,
(b) the inability to hold or manipulate a book, or
(c) an impairment relating to comprehension;
"performance"
"performance" means any acoustic or visual representation of a work,
performer's performance, sound recording or communication signal, including a
representation made by means of any mechanical instrument, radio receiving set
or television receiving set;
"performer's performance"
"performer's performance" means any of the following when done by a performer:
(a) a performance of an artistic work, dramatic work or musical work, whether
or not the work was previously fixed in any material form, and whether or not
the work's term of copyright protection under this Act has expired,
(b) a recitation or reading of a literary work, whether or not the work's term
of copyright protection under this Act has expired, or
(c) an improvisation of a dramatic work, musical work or literary work,
whether or not the improvised work is based on a pre-existing work;
"photograph"
"photograph" includes photo-lithograph and any work expressed by any process
analogous to photography;
"plaintiff"
"plaintiff" includes an applicant;
"plate"
"plate" includes
(a) 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
(b) any matrix or other appliance used or intended to be used for making or
reproducing sound recordings, performer's performances or communication
signals;
"premises"
"premises" means, in relation to an educational institution, a place where
education or training referred to in the definition "educational institution"
is provided, controlled or supervised by the educational institution;
"receiving device" [Repealed, 1993, c. 44, s. 79]
"Rome Convention country"
"Rome Convention country" means a country that is a party to the International
Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organisations, done at Rome on October 26, 1961;
"sculpture"
"sculpture" includes a cast or model;
"sound recording"
"sound recording" means a recording, fixed in any material form, consisting of
sounds, whether or not of a performance of a work, but excludes any soundtrack
of a cinematographic work where it accompanies the cinematographic work;
"telecommunication"
"telecommunication" means any transmission of signs, signals, writing, images
or sounds or intelligence of any nature by wire, radio, visual, optical or
other electromagnetic system;
"treaty country"
"treaty country" means a Berne Convention country, UCC country or WTO Member;
"UCC country"
"UCC country" means a country that is a party 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;
"work"
"work" includes the title thereof when such title is original and distinctive;
"work of joint authorship"
"work of joint authorship" 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" [Repealed, 1997, c. 24, s. 1]
"WTO Member"
"WTO Member" means a Member of the World Trade Organization as defined in
subsection 2(1) of the _World Trade Organization Agreement Implementation
Act_.
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; 1994, c.
47, s. 56; 1995, c. 1, s. 62; 1997, c. 24, s. 1.
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.
Definition of "maker"
**2.11 ** For greater certainty, the arrangements referred to in paragraph (b)
of the definition "maker" in section 2, as that term is used in section 19 and
in the definition "eligible maker" in section 79, include arrangements for
entering into contracts with performers, financial arrangements and technical
arrangements required for the first fixation of the sounds for a sound
recording.
1997, c. 24, s. 2.
Definition of "publication"
**2.2 ** (1) For the purposes of this Act, "publication" means
(a) in relation to works,
(i) making copies of a work available to the public,
(ii) the construction of an architectural work, and
(iii) the incorporation of an artistic work into an architectural work, and
(b) in relation to sound recordings, making copies of a sound recording
available to the public,
but does not include
(c) the performance in public, or the communication to the public by
telecommunication, of a literary, dramatic, musical or artistic work or a
sound recording, or
(d) the exhibition in public of an artistic work.
Issue of photographs and engravings
(2) For the purpose of subsection (1), the issue of photographs and engravings
of sculptures and architectural works is not deemed to be publication of those
works.
Where no consent of copyright owner
(3) For the purposes of this Act, other than in respect of infringement of
copyright, a work or other subject-matter is not deemed to be published or
performed in public or communicated to the public by telecommunication if that
act is done without the consent of the owner of the copyright.
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 are deemed to have been complied with if the author was, during any
substantial part of that period, a subject or citizen of, or a person
ordinarily resident in, a country to which this Act extends.
1997, c. 24, s. 2.
Telecommunication
**2.3 ** A person who communicates a work or other subject-matter to the
public by telecommunication does not by that act alone perform it in public,
nor by that act alone is deemed to authorize its performance in public.
1997, c. 24, s. 2.
Communication to the public by telecommunication
**2.4 ** (1) For the purposes of communication to the public by
telecommunication,
(a) 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;
(b) a person whose only act in respect of the communication of a work or other
subject-matter to the public consists of providing the means of
telecommunication necessary for another person to so communicate the work or
other subject-matter does not communicate that work or other subject-matter to
the public; and
(c) where a person, as part of
(i) a network, within the meaning of the _Broadcasting Act_, whose operations
result in the communication of works or other subject-matter to the public, or
(ii) any programming undertaking whose operations result in the communication
of works or other subject-matter to the public,
transmits by telecommunication a work or other subject-matter that is
communicated to the public by another person who is not a retransmitter of a
signal within the meaning of subsection 31(1), the transmission and
communication of that work or other subject-matter by those persons constitute
a single communication to the public for which those persons are jointly and
severally liable.
Regulations
(2) The Governor in Council may make regulations defining "programming
undertaking" for the purpose of paragraph (1)(c).
Exception
(3) A work is not communicated in the manner described in paragraph (1)(c) or
3(1)(f) where a signal carrying the work is retransmitted to a person who is a
retransmitter within the meaning of subsection 31(1).
1997, c. 24, s. 2; 2002, c. 26, s. 1.
What constitutes rental
**2.5 ** (1) For the purposes of paragraphs 3(1)(h) and (i), 15(1)(c) and
18(1)(c), an arrangement, whatever its form, constitutes a rental of a
computer program or sound recording 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 or sound
recording, as the case may be.
Motive of gain
(2) For the purpose of paragraph (1)(b), a person who rents out a computer
program or sound recording 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.
1997, c. 24, s. 2.
Exclusive distributor
**2.6 ** The Governor in Council may make regulations establishing
distribution criteria for the purpose of paragraph (b) of the definition
"exclusive distributor" in section 2.
1997, c. 24, s. 2.
Exclusive licence
**2.7 ** For the purposes of this Act, an exclusive licence is an
authorization to do any act that is subject to copyright to the exclusion of
all others including the copyright owner, whether the authorization is granted
by the owner or an exclusive licensee claiming under the owner.
1997, c. 24, s. 2.
# PART I
# COPYRIGHT AND MORAL RIGHTS IN WORKS
## Copyright
Copyright in works
**3. ** (1) For the purposes of this Act, "copyright", in relation to a work,
means the sole right to produce or reproduce the work or any substantial part
thereof in any material form whatever, to perform 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 sound
recording, cinematograph film or other contrivance by means of which the work
may be mechanically reproduced or performed,
(e) in the case of any literary, dramatic, musical or artistic work, to
reproduce, adapt and publicly present the work as a cinematographic work,
(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,
(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
(i) in the case of a musical work, to rent out a sound recording in which the
work is embodied,
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.
(1.2) to (4) [Repealed, 1997, c. 24, s. 3]
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; 1997, c. 24, s. 3.
**4. ** [Repealed, 1997, c. 24, s. 4]
## 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
cinematographic work, the author was, at the date of the making of the work, a
citizen or subject of, or a person ordinarily resident in, a treaty country;
(b) in the case of a cinematographic work, whether published or unpublished,
the maker, at the date of the making of the cinematographic work,
(i) if a corporation, had its headquarters in a treaty country, or
(ii) if a natural person, was a citizen or subject of, or a person ordinarily
resident in, a treaty country; or
(c) in the case of a published work, including a cinematographic work,
(i) in relation to subparagraph 2.2(1)(a)(i), 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 in a treaty country, or
(ii) in relation to subparagraph 2.2(1)(a)(ii) or (iii), the first publication
occurred in a treaty country.
Protection for older works
(1.01) For the purposes of subsection (1), a country that becomes a Berne
Convention country or a WTO Member after the date of the making or publication
of a work shall, as of becoming a Berne Convention country or WTO Member, as
the case may be, be deemed to have been a Berne Convention country or WTO
Member at the date of the making or publication of the work, subject to
subsection (1.02) and section 33.
Limitation
(1.02) Subsection (1.01) does not confer copyright protection in Canada on a
work whose term of copyright protection in the country referred to in that
subsection had expired before that country became a Berne Convention country
or WTO Member, as the case may be.
Application of subsections (1.01) and (1.02)
(1.03) Subsections (1.01) and (1.02) apply, and are deemed to have applied,
regardless of whether the country in question became a Berne Convention
country or a WTO Member before or after the coming into force of those
subsections.
First publication
(1.1) The first publication described in subparagraph (1)(c)(i) or (ii) is
deemed to have occurred in a treaty country notwithstanding that it in fact
occurred previously elsewhere, if the interval between those two publications
did not exceed thirty days.
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 treaty 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.
(2.1) [Repealed, 1994, c. 47, s. 57]
(3) to (6) [Repealed, 1997, c. 24, s. 5]
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 treaty country.
R.S., 1985, c. C-42, s. 5; 1993, c. 15, s. 2, c. 44, s. 57; 1994, c. 47, s.
57; 1997, c. 24, s. 5; 2001, c. 34, s. 34.
## 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. ** (1) Subject to subsection (2), 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 lecture or a dramatic or
musical work, been performed in public or communicated to the public by
telecommunication, before that date, copyright shall subsist until
publication, or performance in public or communication to the public by
telecommunication, whichever may first happen, for the remainder of the
calendar year of the publication or of the performance in public or
communication to the public by telecommunication, as the case may be, and for
a period of fifty years following the end of that calendar year.
Application of subsection (1)
(2) Subsection (1) applies only where the work in question was published or
performed in public or communicated to the public by telecommunication, as the
case may be, before the coming into force of this section.
Transitional provision
(3) Where
(a) a work has not, at the coming into force of this section, been published
or performed in public or communicated to the public by telecommunication,
(b) subsection (1) would apply to that work if it had been published or
performed in public or communicated to the public by telecommunication before
the coming into force of this section, and
(c) the relevant death referred to in subsection (1) occurred during the
period of fifty years immediately before the coming into force of this
section,
copyright shall subsist in the work for the remainder of the calendar year in
which this section comes into force and for a period of fifty years following
the end of that calendar year, whether or not the work is published or
performed in public or communicated to the public by telecommunication after
the coming into force of this section.
Transitional provision
(4) Where
(a) a work has not, at the coming into force of this section, been published
or performed in public or communicated to the public by telecommunication,
(b) subsection (1) would apply to that work if it had been published or
performed in public or communicated to the public by telecommunication before
the coming into force of this section, and
(c) the relevant death referred to in subsection (1) occurred more than fifty
years before the coming into force of this section,
copyright shall subsist in the work for the remainder of the calendar year in
which this section comes into force and for a period of five years following
the end of that calendar year, whether or not the work is published or
performed in public or communicated to the public by telecommunication after
the coming into force of this section.
R.S., 1985, c. C-42, s. 7; 1993, c. 44, s. 58; 1997, c. 24, s. 6.
**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) Where the owner referred to in subsection (2) is a corporation,
the term for which copyright subsists in a photograph shall be the remainder
of the year of the making of the initial negative or plate from which the
photograph was derived or, if there is no negative or plate, of the initial
photograph, plus a period of fifty years.
Where author majority shareholder
(1.1) Where the owner is a corporation, the majority of the voting shares of
which are owned by a natural person who would have qualified as the author of
the photograph except for subsection (2), the term of copyright is the term
set out in section 6.
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,
is deemed to be the author of the photograph and, where that owner is a body
corporate, the body corporate is deemed for the purposes of this Act to be
ordinarily resident in a treaty country if it has established a place of
business therein.
R.S., 1985, c. C-42, s. 10; 1993, c. 44, s. 60; 1994, c. 47, s. 69(F); 1997,
c. 24, s. 7.
**11. ** [Repealed, 1997, c. 24, s. 8]
Cinematographic works
**11.1 ** Except for cinematographic works in which the arrangement or acting
form or the combination of incidents represented give the work a dramatic
character, copyright in a cinematographic work or a compilation of
cinematographic works shall subsist
(a) for the remainder of the calendar year of the first publication of the
cinematographic work or of the compilation, and for a period of fifty years
following the end of that calendar year; or
(b) if the cinematographic work 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; 1997, c. 24, s. 9.
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, and the consideration was paid, 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.
Assignments and licences
(4) The owner of the copyright in any work may assign the right, either wholly
or partially, and either generally or subject to limitations relating to
territory, medium or sector of the market or other limitations relating to the
scope of the assignment, 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
the owner's duly authorized agent.
Ownership in case of partial assignment
(5) 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.
Assignment of right of action
(6) For greater certainty, it is deemed always to have been the law that a
right of action for infringement of copyright may be assigned in association
with the assignment of the copyright or the grant of an interest in the
copyright by licence.
Exclusive licence
(7) For greater certainty, it is deemed always to have been the law that a
grant of an exclusive licence in a copyright constitutes the grant of an
interest in the copyright by licence.
R.S., 1985, c. C-42, s. 13; 1997, c. 24, s. 10.
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.
(3) [Repealed, 1997, c. 24, s. 11]
(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; 1997, c. 24,
s. 11.
**14.01 ** [Repealed, 1997, c. 24, s. 12]
## 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.
Subsequent succession
(3) Subsection (2) applies, with such modifications as the circumstances
require, on the death of any person who holds moral rights.
R.S., 1985, c. 10 (4th Supp.), s. 4; 1997, c. 24, s. 13.
# PART II
# COPYRIGHT IN PERFORMER'S PERFORMANCES, SOUND RECORDINGS AND COMMUNICATION
SIGNALS
## Performers' Rights
Copyright in performer's performance
**15. ** (1) Subject to subsection (2), a performer has a copyright in the
performer's performance, consisting of the sole right to do the following in
relation to the performer's performance or any substantial part thereof:
(a) if it is not fixed,
(i) to communicate it to the public by telecommunication,
(ii) to perform it in public, where it is communicated to the public by
telecommunication otherwise than by communication signal, and
(iii) to fix it in any material form,
(b) if it is fixed,
(i) to reproduce any fixation that was made without the performer's
authorization,
(ii) where the performer authorized a fixation, to reproduce any reproduction
of that fixation, if the reproduction being reproduced was made for a purpose
other than that for which the performer's authorization was given, and
(iii) where a fixation was permitted under Part III or VIII, to reproduce any
reproduction of that fixation, if the reproduction being reproduced was made
for a purpose other than one permitted under Part III or VIII, and
(c) to rent out a sound recording of it,
and to authorize any such acts.
Conditions
(2) Subsection (1) applies only if the performer's performance
(a) takes place in Canada or in a Rome Convention country;
(b) is fixed in
(i) a sound recording whose maker, at the time of the first fixation,
(A) if a natural person, was a Canadian citizen or permanent resident within
the meaning of subsection 2(1) of the _Immigration and Refugee Protection
Act_, or a citizen or permanent resident of a Rome Convention country, or
(B) if a corporation, had its headquarters in Canada or in a Rome Convention
country, or
(ii) a sound recording whose first publication in such a quantity as to
satisfy the reasonable demands of the public occurred in Canada or in a Rome
Convention country; or
(c) is transmitted at the time of the performer's performance by a
communication signal broadcast from Canada or a Rome Convention country by a
broadcaster that has its headquarters in the country of broadcast.
Publication
(3) The first publication is deemed to have occurred in a country referred to
in paragraph (2)(b) notwithstanding that it in fact occurred previously
elsewhere, if the interval between those two publications does not exceed
thirty days.
R.S., 1985, c. C-42, s. 15; 1993, c. 44, s. 61; 1997, c. 24, s. 14; 2001, c.
27, s. 235.
Contractual arrangements
**16. ** Nothing in section 15 prevents the performer from entering into a
contract governing the use of the performer's performance for the purpose of
broadcasting, fixation or retransmission.
R.S., 1985, c. C-42, s. 16; 1994, c. 47, s. 59; 1997, c. 24, s. 14.
Cinematographic works
**17. ** (1) Where the performer authorizes the embodiment of the performer's
performance in a cinematographic work, the performer may no longer exercise,
in relation to the performance where embodied in that cinematographic work,
the copyright referred to in subsection 15(1).
Right to remuneration
(2) Where there is an agreement governing the embodiment referred to in
subsection (1) and that agreement provides for a right to remuneration for the
reproduction, performance in public or communication to the public by
telecommunication of the cinematographic work, the performer may enforce that
right against
(a) the other party to the agreement or, if that party assigns the agreement,
the assignee, and
(b) any other person who
(i) owns the copyright in the cinematographic work governing the reproduction
of the cinematographic work, its performance in public or its communication to
the public by telecommunication, and
(ii) reproduces the cinematographic work, performs it in public or
communicates it to the public by telecommunication,
and persons referred to in paragraphs (a) and (b) are jointly and severally
liable to the performer in respect of the remuneration relating to that
copyright.
Application of subsection (2)
(3) Subsection (2) applies only if the performer's performance is embodied in
a prescribed cinematographic work.
Exception
(4) If so requested by a country that is a party to the North American Free
Trade Agreement, the Minister may, by a statement published in the _Canada
Gazette_, grant the benefits conferred by this section, subject to any terms
and conditions specified in the statement, to performers who are nationals of
that country or another country that is a party to the Agreement or are
Canadian citizens or permanent residents within the meaning of subsection 2(1)
of the _Immigration and Refugee Protection Act_ and whose performer's
performances are embodied in works other than the prescribed cinematographic
works referred to in subsection (3).
R.S., 1985, c. C-42, s. 17; 1994, c. 47, s. 59; 1997, c. 24, s. 14; 2001, c.
27, s. 236.
## Rights of Sound Recording Makers
Copyright in sound recordings
**18. ** (1) Subject to subsection (2), the maker of a sound recording has a
copyright in the sound recording, consisting of the sole right to do the
following in relation to the sound recording or any substantial part thereof:
(a) to publish it for the first time,
(b) to reproduce it in any material form, and
(c) to rent it out,
and to authorize any such acts.
Conditions for copyright
(2) Subsection (1) applies only if
(a) the maker of the sound recording was a Canadian citizen or permanent
resident within the meaning of subsection 2(1) of the _Immigration and Refugee
Protection Act_, or a citizen or permanent resident of a Berne Convention
country, a Rome Convention country or a country that is a WTO Member, or, if a
corporation, had its headquarters in one of the foregoing countries,
(i) at the date of the first fixation, or
(ii) if that first fixation was extended over a considerable period, during
any substantial part of that period; or
(b) the first publication of the sound recording in such a quantity as to
satisfy the reasonable demands of the public occurred in any country referred
to in paragraph (a).
Publication
(3) The first publication is deemed to have occurred in a country referred to
in paragraph (2)(a) notwithstanding that it in fact occurred previously
elsewhere, if the interval between those two publications does not exceed
thirty days.
R.S., 1985, c. C-42, s. 18; R.S., 1985, c. 10 (4th Supp.), s. 17(F); 1994, c.
47, s. 59; 1997, c. 24, s. 14; 2001, c. 27, s. 237.
## Provisions Applicable to both Performers and Sound Recording Makers
Right to remuneration
**19. ** (1) Where a sound recording has been published, the performer and
maker are entitled, subject to section 20, to be paid equitable remuneration
for its performance in public or its communication to the public by
telecommunication, except for any retransmission.
Royalties
(2) For the purpose of providing the remuneration mentioned in subsection (1),
a person who performs a published sound recording in public or communicates it
to the public by telecommunication is liable to pay royalties
(a) in the case of a sound recording of a musical work, to the collective
society authorized under Part VII to collect them; or
(b) in the case of a sound recording of a literary work or dramatic work, to
either the maker of the sound recording or the performer.
Division of royalties
(3) The royalties, once paid pursuant to paragraph (2)(a) or (b), shall be
divided so that
(a) the performer or performers receive in aggregate fifty per cent; and
(b) the maker or makers receive in aggregate fifty per cent.
R.S., 1985, c. C-42, s. 19; 1994, c. 47, s. 59; 1997, c. 24, s. 14.
Conditions
**20. ** (1) The right to remuneration conferred by section 19 applies only if
(a) the maker was, at the date of the first fixation, a Canadian citizen or
permanent resident within the meaning of subsection 2(1) of the _Immigration
and Refugee Protection Act_, or a citizen or permanent resident of a Rome
Convention country, or, if a corporation, had its headquarters in one of the
foregoing countries; or
(b) all the fixations done for the sound recording occurred in Canada or in a
Rome Convention country.
Exception
(2) Notwithstanding subsection (1), if the Minister is of the opinion that a
Rome Convention country does not grant a right to remuneration, similar in
scope and duration to that provided by section 19, for the performance in
public or the communication to the public of a sound recording whose maker, at
the date of its first fixation, was a Canadian citizen or permanent resident
within the meaning of subsection 2(1) of the _Immigration and Refugee
Protection Act_ or, if a corporation, had its headquarters in Canada, the
Minister may, by a statement published in the _Canada Gazette_, limit the
scope and duration of the protection for sound recordings whose first fixation
is done by a maker who is a citizen or permanent resident of that country or,
if a corporation, has its headquarters in that country.
Exception
(3) If so requested by a country that is a party to the North American Free
Trade Agreement, the Minister may, by a statement published in the _Canada
Gazette_, grant the right to remuneration conferred by section 19 to
performers or makers who are nationals of that country and whose sound
recordings embody dramatic or literary works.
Application of section 19
(4) Where a statement is published under subsection (3), section 19 applies
(a) in respect of nationals of a country mentioned in that statement, as if
they were citizens of Canada or, in the case of corporations, had their
headquarters in Canada; and
(b) as if the fixations made for the purpose of their sound recordings had
been made in Canada.
R.S., 1985, c. C-42, s. 20; 1994, c. 47, s. 59; 1997, c. 24, s. 14; 2001, c.
27, s. 238.
## Rights of Broadcasters
Copyright in communication signals
**21. ** (1) Subject to subsection (2), a broadcaster has a copyright in the
communication signals that it broadcasts, consisting of the sole right to do
the following in relation to the communication signal or any substantial part
thereof:
(a) to fix it,
(b) to reproduce any fixation of it that was made without the broadcaster's
consent,
(c) to authorize another broadcaster to retransmit it to the public
simultaneously with its broadcast, and
(d) in the case of a television communication signal, to perform it in a place
open to the public on payment of an entrance fee,
and to authorize any act described in paragraph (a), (b) or (d).
Conditions for copyright
(2) Subsection (1) applies only if the broadcaster
(a) at the time of the broadcast, had its headquarters in Canada, in a country
that is a WTO Member or in a Rome Convention country; and
(b) broadcasts the communication signal from that country.
Exception
(3) Notwithstanding subsection (2), if the Minister is of the opinion that a
Rome Convention country or a country that is a WTO Member does not grant the
right mentioned in paragraph (1)(d), the Minister may, by a statement
published in the _Canada Gazette_, declare that broadcasters that have their
headquarters in that country are not entitled to that right.
R.S., 1985, c. C-42, s. 21; 1994, c. 47, s. 59; 1997, c. 24, s. 14.
## Reciprocity
Reciprocity
**22. ** (1) Where the Minister is of the opinion that a country other than a
Rome Convention country grants or has undertaken to grant
(a) to performers and to makers of sound recordings, or
(b) to broadcasters
that are Canadian citizens or permanent residents within the meaning of
subsection 2(1) of the _Immigration and Refugee Protection Act_ or, if
corporations, have their headquarters in Canada, as the case may be, whether
by treaty, convention, agreement or law, benefits substantially equivalent to
those conferred by this Part, the Minister may, by a statement published in
the _Canada Gazette_,
(c) grant the benefits conferred by this Part
(i) to performers and to makers of sound recordings, or
(ii) to broadcasters
as the case may be, that are citizens, subjects or permanent residents of or,
if corporations, have their headquarters in that country, and
(d) declare that that country shall, as regards those benefits, be treated as
if it were a country to which this Part extends.
Reciprocity
(2) Where the Minister is of the opinion that a country other than a Rome
Convention country neither grants nor has undertaken to grant
(a) to performers, and to makers of sound recordings, or
(b) to broadcasters
that are Canadian citizens or permanent residents within the meaning of
subsection 2(1) of the _Immigration and Refugee Protection Act_ or, if
corporations, have their headquarters in Canada, as the case may be, whether
by treaty, convention, agreement or law, benefits substantially equivalent to
those conferred by this Part, the Minister may, by a statement published in
the _Canada Gazette_,
(c) grant the benefits conferred by this Part to performers, makers of sound
recordings or broadcasters that are citizens, subjects or permanent residents
of or, if corporations, have their headquarters in that country, as the case
may be, to the extent that that country grants that those benefits to
performers, makers of sound recordings or broadcasters that are Canadian
citizens or permanent residents within the meaning of subsection 2(1) of the
_Immigration and Refugee Protection Act_ or, if corporations, have their
headquarters in Canada, and
(d) declare that that country shall, as regards those benefits, be treated as
if it were a country to which this Part extends.
Application of Act
(3) Any provision of this Act that the Minister specifies in a statement
referred to in subsection (1) or (2)
(a) applies in respect of performers, makers of sound recordings or
broadcasters covered by that statement, as if they were citizens of or, if
corporations, had their headquarters in Canada; and
(b) applies in respect of a country covered by that statement, as if that
country were Canada.
Application of Act
(4) Subject to any exceptions that the Minister may specify in a statement
referred to in subsection (1) or (2), the other provisions of this Act also
apply in the way described in subsection (3).
R.S., 1985, c. C-42, s. 22; 1994, c. 47, s. 59; 1997, c. 24, s. 14; 2001, c.
27, s. 239.
## Term of Rights
Term of rights
**23. ** (1) Subject to this Act, the rights conferred by sections 15, 18 and
21 terminate fifty years after the end of the calendar year in which
(a) in the case of a performer's performance,
(i) its first fixation in a sound recording, or
(ii) its performance, if it is not fixed in a sound recording,
occurred;
(b) in the case of a sound recording, the first fixation occurred; or
(c) in the case of a communication signal, it was broadcast.
Term of right to remuneration
(2) The rights to remuneration conferred on performers and makers by section
19 have the same terms, respectively, as those provided by paragraphs (1)(a)
and (b).
Application of subsections (1) and (2)
(3) Subsections (1) and (2) apply whether the fixation, performance or
broadcast occurred before or after the coming into force of this Part.
Berne Convention countries, Rome Convention countries, WTO Members
(4) Where the performer's performance, sound recording or communication signal
meets the requirements set out in section 15, 18 or 21, as the case may be, a
country that becomes a Berne Convention country, a Rome Convention country or
a WTO Member after the date of the fixation, performance or broadcast is, as
of becoming a Berne Convention country, Rome Convention country or WTO Member,
as the case may be, deemed to have been such at the date of the fixation,
performance or broadcast.
Where term of protection expired
(5) Subsection (4) does not confer any protection in Canada where the term of
protection in the country referred to in that subsection had expired before
that country became a Berne Convention country, Rome Convention country or WTO
Member, as the case may be.
R.S., 1985, c. C-42, s. 23; 1994, c. 47, s. 59; 1997, c. 24, s. 14.
## Ownership of Copyright
Ownership of copyright
**24. ** The first owner of the copyright
(a) in a performer's performance, is the performer;
(b) in a sound recording, is the maker; or
(c) in a communication signal, is the broadcaster that broadcasts it.
R.S., 1985, c. C-42, s. 24; 1994, c. 47, s. 59; 1997, c. 24, s. 14.
Assignment of rights
**25. ** Subsections 13(4) to (7) apply, with such modifications as the
circumstances require, in respect of the rights conferred by this Part on
performers, makers of sound recordings and broadcasters.
R.S., 1985, c. C-42, s. 25; 1993, c. 44, s. 62; 1994, c. 47, s. 59; 1997, c.
24, s. 14.
## Performers' Rights -- WTO Countries
Performer's performance in WTO country
**26. ** (1) Where a performer's performance takes place on or after January
1, 1996 in a country that is a WTO Member, the performer has, as of the date
of the performer's performance, a copyright in the performer's performance,
consisting of the sole right to do the following in relation to the
performer's performance or any substantial part thereof:
(a) if it is not fixed, to communicate it to the public by telecommunication
and to fix it in a sound recording, and
(b) if it has been fixed in a sound recording without the performer's
authorization, to reproduce the fixation or any substantial part thereof,
and to authorize any such acts.
Where country joins WTO after Jan. 1, 1996
(2) Where a performer's performance takes place on or after January 1, 1996 in
a country that becomes a WTO Member after the date of the performer's
performance, the performer has the copyright described in subsection (1) as of
the date the country becomes a WTO Member.
Performer's performances before Jan. 1, 1996
(3) Where a performer's performance takes place before January 1, 1996 in a
country that is a WTO Member, the performer has, as of January 1, 1996, the
sole right to do and to authorize the act described in paragraph (1)(b).
Where country joins WTO after Jan. 1, 1996
(4) Where a performer's performance takes place before January 1, 1996 in a
country that becomes a WTO Member on or after January 1, 1996, the performer
has the right described in subsection (3) as of the date the country becomes a
WTO Member.
Term of performer's rights
(5) The rights conferred by this section subsist for the remainder of the
calendar year in which the performer's performance takes place and a period of
fifty years following the end of that calendar year.
Assignment of rights
(6) Subsections 13(4) to (7) apply, with such modifications as the
circumstances require, in respect of a performer's rights conferred by this
section.
Limitation
(7) Notwithstanding an assignment of a performer's right conferred by this
section, the performer, as well as the assignee, may
(a) prevent the reproduction of
(i) any fixation of the performer's performance, or
(ii) any substantial part of such a fixation,
where the fixation was made without the performer's consent or the assignee's
consent; and
(b) prevent the importation of any fixation of the performer's performance, or
any reproduction of such a fixation, that the importer knows or ought to have
known was made without the performer's consent or the assignee's consent.
R.S., 1985, c. C-42, s. 26; R.S., 1985, c. 10 (4th Supp.), s. 17(F); 1993, c.
44, s. 63; 1994, c. 47, s. 59; 1997, c. 24, s. 14.
# PART III
# INFRINGEMENT OF COPYRIGHT AND MORAL RIGHTS AND EXCEPTIONS TO INFRINGEMENT
## Infringement of Copyright
### General
Infringement generally
**27. ** (1) It is an infringement of copyright for any person to do, without
the consent of the owner of the copyright, anything that by this Act only the
owner of the copyright has the right to do.
Secondary infringement
(2) It is an infringement of copyright for any person to
(a) sell or rent out,
(b) distribute to such an extent as to affect prejudicially the owner of the
copyright,
(c) by way of trade distribute, expose or offer for sale or rental, or exhibit
in public,
(d) possess for the purpose of doing anything referred to in paragraphs (a) to
(c), or
(e) import into Canada for the purpose of doing anything referred to in
paragraphs (a) to (c),
a copy of a work, sound recording or fixation of a performer's performance or
of a communication signal that the person knows or should have known infringes
copyright or would infringe copyright if it had been made in Canada by the
person who made it.
Knowledge of importer
(3) In determining whether there is an infringement under subsection (2) in
the case of an activity referred to in any of paragraphs (2)(a) to (d) in
relation to a copy that was imported in the circumstances referred to in
paragraph (2)(e), it is irrelevant whether the importer knew or should have
known that the importation of the copy infringed copyright.
Plates
(4) It is an infringement of copyright for any person to make or possess a
plate that has been specifically designed or adapted for the purpose of making
infringing copies of a work or other subject-matter.
Public performance for profit
(5) It is an infringement of copyright for any person, for profit, to permit a
theatre or other place of entertainment to be used for the performance in
public of a work or other subject-matter 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.
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; 1997, c. 24, s. 15.
### Parallel Importation of Books
Importation of books
**27.1 ** (1) Subject to any regulations made under subsection (6), it is an
infringement of copyright in a book for any person to import the book where
(a) copies of the book were made with the consent of the owner of the
copyright in the book in the country where the copies were made, but were
imported without the consent of the owner of the copyright in the book in
Canada; and
(b) the person knows or should have known that the book would infringe
copyright if it was made in Canada by the importer.
Secondary infringement
(2) Subject to any regulations made under subsection (6), where the
circumstances described in paragraph (1)(a) exist, it is an infringement of
copyright in an imported book for any person who knew or should have known
that the book would infringe copyright if it was made in Canada by the
importer to
(a) sell or rent out the book;
(b) by way of trade, distribute, expose or offer for sale or rental, or
exhibit in public, the book; or
(c) possess the book for the purpose of any of the activities referred to in
paragraph (a) or (b).
Limitation
(3) Subsections (1) and (2) only apply where there is an exclusive distributor
of the book and the acts described in those subsections take place in the part
of Canada or in respect of the particular sector of the market for which the
person is the exclusive distributor.
Exclusive distributor
(4) An exclusive distributor is deemed, for the purposes of entitlement to any
of the remedies under Part IV in relation to an infringement under this
section, to derive an interest in the copyright in question by licence.
Notice
(5) No exclusive distributor, copyright owner or exclusive licensee is
entitled to a remedy under Part IV in relation to an infringement under this
section unless, before the infringement occurred, notice has been given within
the prescribed time and in the prescribed manner to the person referred to in
subsection (1) or (2), as the case may be, that there is an exclusive
distributor of the book.
Regulations
(6) The Governor in Council may, by regulation, establish terms and conditions
for the importation of certain categories of books, including remaindered
books, books intended solely for re-export and books imported by special
order.
1997, c. 24, s. 15.
**28. ** [Repealed, 1997, c. 24, s. 15]
**28.01 ** [Repealed, 1997, c. 24, s. 16]
**28.02 and 28.03 ** [Repealed, 1997, c. 24, s. 17]
## 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.
## Exceptions
### Fair Dealing
Research or private study
**29. ** Fair dealing for the purpose of research or private study does not
infringe copyright.
R.S., 1985, c. C-42, s. 29; R.S., 1985, c. 10 (4th Supp.), s. 7; 1994, c. 47,
s. 61; 1997, c. 24, s. 18.
Criticism or review
**29.1 ** Fair dealing for the purpose of criticism or review does not
infringe copyright if the following are mentioned:
(a) the source; and
(b) if given in the source, the name of the
(i) author, in the case of a work,
(ii) performer, in the case of a performer's performance,
(iii) maker, in the case of a sound recording, or
(iv) broadcaster, in the case of a communication signal.
1997, c. 24, s. 18.
News reporting
**29.2 ** Fair dealing for the purpose of news reporting does not infringe
copyright if the following are mentioned:
(a) the source; and
(b) if given in the source, the name of the
(i) author, in the case of a work,
(ii) performer, in the case of a performer's performance,
(iii) maker, in the case of a sound recording, or
(iv) broadcaster, in the case of a communication signal.
1997, c. 24, s. 18.
### Acts Undertaken without Motive of Gain
Motive of gain
**29.3 ** (1) No action referred to in section 29.4, 29.5, 30.2 or 30.21 may
be carried out with motive of gain.
Cost recovery
(2) An educational institution, library, archive or museum, or person acting
under its authority does not have a motive of gain where it or the person
acting under its authority, does anything referred to in section 29.4, 29.5,
30.2 or 30.21 and recovers no more than the costs, including overhead costs,
associated with doing that act.
1997, c. 24, s. 18.
### Educational Institutions
Reproduction for instruction
**29.4 ** (1) It is not an infringement of copyright for an educational
institution or a person acting under its authority
(a) to make a manual reproduction of a work onto a dry-erase board, flip chart
or other similar surface intended for displaying handwritten material, or
(b) to make a copy of a work to be used to project an image of that copy using
an overhead projector or similar device
for the purposes of education or training on the premises of an educational
institution.
Reproduction for examinations, etc.
(2) It is not an infringement of copyright for an educational institution or a
person acting under its authority to
(a) reproduce, translate or perform in public on the premises of the
educational institution, or
(b) communicate by telecommunication to the public situated on the premises of
the educational institution
a work or other subject-matter as required for a test or examination.
Where work commercially available
(3) Except in the case of manual reproduction, the exemption from copyright
infringement provided by paragraph (1)(b) and subsection (2) does not apply if
the work or other subject-matter is commercially available in a medium that is
appropriate for the purpose referred to in that paragraph or subsection, as
the case may be.
1997, c. 24, s. 18.
Performances
**29.5 ** It is not an infringement of copyright for an educational
institution or a person acting under its authority to do the following acts if
they are done on the premises of an educational institution for educational or
training purposes and not for profit, before an audience consisting primarily
of students of the educational institution, instructors acting under the
authority of the educational institution or any person who is directly
responsible for setting a curriculum for the educational institution:
(a) the live performance in public, primarily by students of the educational
institution, of a work;
(b) the performance in public of a sound recording or of a work or performer's
performance that is embodied in a sound recording; and
(c) the performance in public of a work or other subject-matter at the time of
its communication to the public by telecommunication.
1997, c. 24, s. 18.
News and commentary
**29.6 ** (1) Subject to subsection (2) and section 29.9, it is not an
infringement of copyright for an educational institution or a person acting
under its authority to
(a) make, at the time of its communication to the public by telecommunication,
a single copy of a news program or a news commentary program, excluding
documentaries, for the purposes of performing the copy for the students of the
educational institution for educational or training purposes; and
(b) perform the copy in public, at any time or times within one year after the
making of a copy under paragraph (a), before an audience consisting primarily
of students of the educational institution on its premises for educational or
training purposes.
Royalties for reproduction and performance
(2) The educational institution must
(a) on the expiration of one year after making a copy under paragraph (1)(a),
pay the royalties and comply with any terms and conditions fixed under this
Act for the making of the copy or destroy the copy; and
(b) where it has paid the royalties referred to in paragraph (a), pay the
royalties and comply with any terms and conditions fixed under this Act for
any performance in public of the copy after the expiration of that year.
1997, c. 24, s. 18.
Reproduction of broadcast
**29.7 ** (1) Subject to subsection (2) and section 29.9, it is not an
infringement of copyright for an educational institution or a person acting
under its authority to
(a) make a single copy of a work or other subject-matter at the time that it
is communicated to the public by telecommunication; and
(b) keep the copy for up to thirty days to decide whether to perform the copy
for educational or training purposes.
Royalties for reproduction
(2) An educational institution that has not destroyed the copy by the
expiration of the thirty days infringes copyright in the work or other
subject-matter unless it pays any royalties, and complies with any terms and
conditions, fixed under this Act for the making of the copy.
Royalties for performance
(3) It is not an infringement of copyright for the educational institution or
a person acting under its authority to perform the copy in public for
educational or training purposes on the premises of the educational
institution before an audience consisting primarily of students of the
educational institution if the educational institution pays the royalties and
complies with any terms and conditions fixed under this Act for the
performance in public.
1997, c. 24, s. 18.
Unlawful reception
**29.8 ** The exceptions to infringement of copyright provided for under
sections 29.5 to 29.7 do not apply where the communication to the public by
telecommunication was received by unlawful means.
1997, c. 24, s. 18.
Records and marking
**29.9 ** (1) Where an educational institution or person acting under its
authority
(a) makes a copy of a news program or a news commentary program and performs
it pursuant to section 29.6, or
(b) makes a copy of a work or other subject-matter communicated to the public
by telecommunication and performs it pursuant to section 29.7,
the educational institution shall keep a record of the information prescribed
by regulation in relation to the making of the copy, the destruction of it or
any performance in public of it for which royalties are payable under this Act
and shall, in addition, mark the copy in the manner prescribed by regulation.
Regulations
(2) The Board may, with the approval of the Governor in Council, make
regulations
(a) prescribing the information in relation to the making, destruction,
performance and marking of copies that must be kept under subsection (1),
(b) prescribing the manner and form in which records referred to in that
subsection must be kept and copies destroyed or marked, and
(c) respecting the sending of information to collective societies referred to
in section 71.
1997, c. 24, s. 18.
Literary collections
**30. ** The publication in a collection, mainly composed of non-copyright
matter, intended for the use of educational institutions, and so described in
the title and in any advertisements issued by the publisher, of short passages
from published literary works in which copyright subsists and not themselves
published for the use of educational institutions, does not infringe copyright
in those published literary works if
(a) not more than two passages from works by the same author are published by
the same publisher within five years;
(b) the source from which the passages are taken is acknowledged; and
(c) the name of the author, if given in the source, is mentioned.
R.S., 1985, c. C-42, s. 30; R.S., 1985, c. 10 (4th Supp.), s. 7; 1997, c. 24,
s. 18.
### Libraries, Archives and Museums
Management and maintenance of collection
**30.1 ** (1) It is not an infringement of copyright for a library, archive or
museum or a person acting under the authority of a library, archive or museum
to make, for the maintenance or management of its permanent collection or the
permanent collection of another library, archive or museum, a copy of a work
or other subject-matter, whether published or unpublished, in its permanent
collection
(a) if the original is rare or unpublished and is
(i) deteriorating, damaged or lost, or
(ii) at risk of deterioration or becoming damaged or lost;
(b) for the purposes of on-site consultation if the original cannot be viewed,
handled or listened to because of its condition or because of the atmospheric
conditions in which it must be kept;
(c) in an alternative format if the original is currently in an obsolete
format or the technology required to use the original is unavailable;
(d) for the purposes of internal record-keeping and cataloguing;
(e) for insurance purposes or police investigations; or
(f) if necessary for restoration.
Limitation
(2) Paragraphs (1)(a) to (c) do not apply where an appropriate copy is
commercially available in a medium and of a quality that is appropriate for
the purposes of subsection (1).
Destruction of intermediate copies
(3) If a person must make an intermediate copy in order to make a copy under
subsection (1), the person must destroy the intermediate copy as soon as it is
no longer needed.
Regulations
(4) The Governor in Council may make regulations with respect to the procedure
for making copies under subsection (1).
1997, c. 24, s. 18; 1999, c. 31, s. 59(E).
Research or private study
**30.2 ** (1) It is not an infringement of copyright for a library, archive or
museum or a person acting under its authority to do anything on behalf of any
person that the person may do personally under section 29 or 29.1.
Copies of articles for research, etc.
(2) It is not an infringement of copyright for a library, archive or museum or
a person acting under the authority of a library, archive or museum to make,
by reprographic reproduction, for any person requesting to use the copy for
research or private study, a copy of a work that is, or that is contained in,
an article published in
(a) a scholarly, scientific or technical periodical; or
(b) a newspaper or periodical, other than a scholarly, scientific or technical
periodical, if the newspaper or periodical was published more than one year
before the copy is made.
Restriction
(3) Paragraph (2)(b) does not apply in respect of a work of fiction or poetry
or a dramatic or musical work.
Conditions
(4) A library, archive or museum may make a copy under subsection (2) only on
condition that
(a) the person for whom the copy will be made has satisfied the library,
archive or museum that the person will not use the copy for a purpose other
than research or private study; and
(b) the person is provided with a single copy of the work.
Patrons of other libraries, etc.
(5) A library, archive or museum or a person acting under the authority of a
library, archive or museum may do, on behalf of a person who is a patron of
another library, archive or museum, anything under subsection (1) or (2) in
relation to printed matter that it is authorized by this section to do on
behalf of a person who is one of its patrons, but the copy given to the patron
must not be in digital form.
Destruction of intermediate copies
(5.1) Where an intermediate copy is made in order to copy a work referred to
in subsection (5), once the copy is given to the patron, the intermediate copy
must be destroyed.
Regulations
(6) The Governor in Council may, for the purposes of this section, make
regulations
(a) defining "newspaper" and "periodical";
(b) defining scholarly, scientific and technical periodicals;
(c) prescribing the information to be recorded about any action taken under
subsection (1) or (5) and the manner and form in which the information is to
be kept; and
(d) prescribing the manner and form in which the conditions set out in
subsection (4) are to be met.
1997, c. 24, s. 18.
Copying works deposited in archive
**30.21 ** (1) It is not an infringement of copyright for an archive to make a
copy, in accordance with subsection (3), of an unpublished work that is
deposited in the archive.
Notice
(2) When a person deposits a work in an archive, the archive must give the
person notice that it may copy the work in accordance with this section.
Conditions for copying of works
(3) The archive may only copy the work if
(a) the person who deposited the work, if a copyright owner, did not, at the
time the work was deposited, prohibit its copying;
(b) copying has not been prohibited by any other owner of copyright in the
work; and
(c) the archive is satisfied that the person for whom it is made will use the
copy only for purposes of research or private study and makes only one copy
for that person.
Regulations
(4) The Governor in Council may prescribe the manner and form in which the
conditions in subsection (3) may be met.
(5) to (7) [Repealed, 2004, c. 11, s. 21]
1997, c. 24, s. 18; 1999, c. 31, s. 60(E); 2004, c. 11, s. 21.
### Machines Installed in Educational Institutions, Libraries, Archives and
Museums
No infringement by educational institution, etc.
**30.3 ** (1) An educational institution or a library, archive or museum does
not infringe copyright where
(a) a copy of a work is made using a machine for the making, by reprographic
reproduction, of copies of works in printed form;
(b) the machine is installed by or with the approval of the educational
institution, library, archive or museum on its premises for use by students,
instructors or staff at the educational institution or by persons using the
library, archive or museum; and
(c) there is affixed in the prescribed manner and location a notice warning of
infringement of copyright.
Application
(2) Subsection (1) only applies if, in respect of a reprographic reproduction,
(a) the educational institution, library, archive or museum has entered into
an agreement with a collective society that is authorized by copyright owners
to grant licences on their behalf;
(b) the Board has, in accordance with section 70.2, fixed the royalties and
related terms and conditions in respect of a licence;
(c) a tariff has been approved in accordance with section 70.15; or
(d) a collective society has filed a proposed tariff in accordance with
section 70.13.
Order
(3) Where a collective society offers to negotiate or has begun to negotiate
an agreement referred to in paragraph (2)(a), the Board may, at the request of
either party, order that the educational institution, library, archive or
museum be treated as an institution to which subsection (1) applies, during
the period specified in the order.
Agreement with copyright owner
(4) Where an educational institution, library, archive or museum has entered
into an agreement with a copyright owner other than a collective society
respecting reprographic reproduction, subsection (1) applies only in respect
of the works of the copyright owner that are covered by the agreement.
Regulations
(5) The Governor in Council may, for the purposes of paragraph 1(c), prescribe
by regulation the manner of affixing and location of notices and the
dimensions, form and contents of notices.
1997, c. 24, s. 18.
### Libraries, Archives and Museums in Educational Institutions
Application to libraries, etc. within educational institutions
**30.4 ** For greater certainty, the exceptions to infringement of copyright
provided for under sections 29.4 to 30.3 and 45 also apply in respect of a
library, archive or museum that forms part of an educational institution.
1997, c. 24, s. 18.
### Library and Archives of Canada
Permitted acts
**30.5 ** It is not an infringement of copyright for the Librarian and
Archivist of Canada under the _Library and Archives of Canada Act_, to
(a) make a copy of a work or other subject-matter in taking a representative
sample for the purpose of preservation under subsection 8(2) of that Act;
(b) effect the fixation of a copy of a publication, as defined in section 2 of
that Act, that is provided by telecommunication in accordance with subsection
10(1) of that Act;
(c) make a copy of a recording, as defined in subsection 11(2) of that Act,
for the purposes of section 11 of that Act; or
(d) at the time that a broadcasting undertaking, as defined in subsection 2(1)
of the _Broadcasting Act_, communicates a work or other subject-matter to the
public by telecommunication, make a copy of the work or other subject-matter
that is included in that communication.
1997, c. 24, s. 18; 2004, c. 11, s. 25.
### Computer Programs
Permitted acts
**30.6 ** It is not an infringement of copyright in a computer program for a
person who owns a copy of the computer program that is authorized by the owner
of the copyright to
(a) make 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 the reproduced copy is
(i) essential for the compatibility of the computer program with a particular
computer,
(ii) solely for the person's own use, and
(iii) destroyed immediately after the person ceases to be the owner of the
copy; or
(b) make a single reproduction for backup purposes of the copy or of a
reproduced copy referred to in paragraph (a) if the person proves that the
reproduction for backup purposes is destroyed immediately when the person
ceases to be the owner of the copy of the computer program.
1997, c. 24, s. 18.
### Incidental Inclusion
Incidental use
**30.7 ** It is not an infringement of copyright to incidentally and not
deliberately
(a) include a work or other subject-matter in another work or other subject-
matter; or
(b) do any act in relation to a work or other subject-matter that is
incidentally and not deliberately included in another work or other subject-
matter.
1997, c. 24, s. 18.
### Ephemeral Recordings
Ephemeral recordings
**30.8 ** (1) It is not an infringement of copyright for a programming
undertaking to fix or reproduce in accordance with this section a performer's
performance or work, other than a cinematographic work, that is performed live
or a sound recording that is performed at the same time as the performer's
performance or work, if the undertaking
(a) is authorized to communicate the performer's performance, work or sound
recording to the public by telecommunication;
(b) makes the fixation or the reproduction itself, for its own broadcasts;
(c) does not synchronize the fixation or reproduction with all or part of
another recording, performer's performance or work; and
(d) does not cause the fixation or reproduction to be used in an advertisement
intended to sell or promote, as the case may be, a product, service, cause or
institution.
Record keeping
(2) The programming undertaking must record the dates of the making and
destruction of all fixations and reproductions and any other prescribed
information about the fixation or reproduction, and keep the record current.
Right of access by copyright owners
(3) The programming undertaking must make the record referred to in subsection
(2) available to owners of copyright in the works, sound recordings or
performer's performances, or their representatives, within twenty-four hours
after receiving a request.
Destruction
(4) The programming undertaking must destroy the fixation or reproduction
within thirty days after making it, unless
(a) the copyright owner authorizes its retention; or
(b) it is deposited in an archive, in accordance with subsection (6).
Royalties
(5) Where the copyright owner authorizes the fixation or reproduction to be
retained after the thirty days, the programming undertaking must pay any
applicable royalty.
Archive
(6) Where the programming undertaking considers a fixation or reproduction to
be of an exceptional documentary character, the undertaking may, with the
consent of an official archive, deposit it in the official archive and must
notify the copyright owner, within thirty days, of the deposit of the fixation
or reproduction.
Definition of "official archive"
(7) In subsection (6), "official archive" means the Library and Archives of
Canada or any archive established under the law of a province for the
preservation of the official archives of the province.
Application
(8) This section does not apply where a licence is available from a collective
society to make the fixation or reproduction of the performer's performance,
work or sound recording.
Telecommunications by networks
(9) A broadcasting undertaking, as defined in the _Broadcasting Act_, may make
a single reproduction of a fixation or reproduction made by a programming
undertaking and communicate it to the public by telecommunication, within the
period referred to in subsection (4), if the broadcasting undertaking meets
the conditions set out in subsection (1) and is part of a prescribed network
that includes the programming undertaking.
Limitations
(10) The reproduction and communication to the public by telecommunication
must be made
(a) in accordance with subsections (2) to (6); and
(b) within thirty days after the day on which the programming undertaking made
the fixation or reproduction.
Definition of "programming undertaking"
(11) In this section, "programming undertaking" means
(a) a programming undertaking as defined in subsection 2(1) of the
_Broadcasting Act_;
(b) a programming undertaking described in paragraph (a) that originates
programs within a network, as defined in subsection 2(1) of the _Broadcasting
Act_; or
(c) a distribution undertaking as defined in subsection 2(1) of the
_Broadcasting Act_, in respect of the programs that it originates.
The undertaking must hold a broadcasting licence issued by the Canadian Radio-
television and Telecommunications Commission under the Broadcasting Act.
1997, c. 24, s. 18; 2004, c. 11, s. 26.
Pre-recorded recordings
**30.9 ** (1) It is not an infringement of copyright for a broadcasting
undertaking to reproduce in accordance with this section a sound recording, or
a performer's performance or work that is embodied in a sound recording,
solely for the purpose of transferring it to a format appropriate for
broadcasting, if the undertaking
(a) owns the copy of the sound recording, performer's performance or work and
that copy is authorized by the owner of the copyright;
(b) is authorized to communicate the sound recording, performer's performance
or work to the public by telecommunication;
(c) makes the reproduction itself, for its own broadcasts;
(d) does not synchronize the reproduction with all or part of another
recording, performer's performance or work; and
(e) does not cause the reproduction to be used in an advertisement intended to
sell or promote, as the case may be, a product, service, cause or institution.
Record keeping
(2) The broadcasting undertaking must record the dates of the making and
destruction of all reproductions and any other prescribed information about
the reproduction, and keep the record current.
Right of access by copyright owners
(3) The broadcasting undertaking must make the record referred to in
subsection (2) available to owners of copyright in the sound recordings,
performer's performances or works, or their representatives, within twenty-
four hours after receiving a request.
Destruction
(4) The broadcasting undertaking must destroy the reproduction when it no
longer possesses the sound recording or performer's performance or work
embodied in the sound recording, or at the latest within thirty days after
making the reproduction, unless the copyright owner authorizes the
reproduction to be retained.
Royalty
(5) If the copyright owner authorizes the reproduction to be retained, the
broadcasting undertaking must pay any applicable royalty.
Application
(6) This section does not apply if a licence is available from a collective
society to reproduce the sound recording, performer's performance or work.
Definition of "broadcasting undertaking"
(7) In this section, "broadcasting undertaking" means a broadcasting
undertaking as defined in subsection 2(1) of the _Broadcasting Act_ that holds
a broadcasting licence issued by the Canadian Radio-television and
Telecommunications Commission under that Act.
1997, c. 24, s. 18.
### Retransmission
Interpretation
**31. ** (1) In this section,
"new media retransmitter"
"new media retransmitter" means a person whose retransmission is lawful under
the _Broadcasting Act_ only by reason of the _Exemption Order for New Media
Broadcasting Undertakings_ issued by the Canadian Radio-television and
Telecommunications Commission as Appendix A to Public Notice CRTC 1999-197, as
amended from time to time;
"retransmitter"
"retransmitter" means a person who performs a function comparable to that of a
cable retransmission system, but does not include a new media retransmitter;
"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 and distant signals
(2) It is not an infringement of copyright for a retransmitter 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 without alteration, except
as otherwise required or permitted by or under the laws of Canada;
(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; and
(e) the retransmitter complies with the applicable conditions, if any,
referred to in paragraph (3)(b).
Regulations
(3) The Governor in Council may make regulations
(a) defining "local signal" and "distant signal" for the purposes of
subsection (2); and
(b) prescribing conditions for the purposes of paragraph (2)(e), and
specifying whether any such condition applies to all retransmitters or only to
a class of retransmitter.
R.S., 1985, c. C-42, s. 31; R.S., 1985, c. 10 (4th Supp.), s. 7; 1988, c. 65,
s. 63; 1997, c. 24, ss. 16, 52(F); 2002, c. 26, s. 2.
### Persons with Perceptual Disabilities
Reproduction in alternate format
**32. ** (1) It is not an infringement of copyright for a person, at the
request of a person with a perceptual disability, or for a non-profit
organization acting for his or her benefit, to
(a) make a copy or sound recording of a literary, musical, artistic or
dramatic work, other than a cinematographic work, in a format specially
designed for persons with a perceptual disability;
(b) translate, adapt or reproduce in sign language a literary or dramatic
work, other than a cinematographic work, in a format specially designed for
persons with a perceptual disability; or
(c) perform in public a literary or dramatic work, other than a
cinematographic work, in sign language, either live or in a format specially
designed for persons with a perceptual disability.
Limitation
(2) Subsection (1) does not authorize the making of a large print book.
Limitation
(3) Subsection (1) does not apply where the work or sound recording is
commercially available in a format specially designed to meet the needs of any
person referred to in that subsection, within the meaning of paragraph (a) of
the definition "commercially available".
R.S., 1985, c. C-42, s. 32; R.S., 1985, c. 10 (4th Supp.), s. 7; 1997, c. 24,
s. 19.
### Statutory Obligations
No infringement
**32.1 ** (1) It is not an infringement of copyright for any person
(a) to disclose, pursuant to the _Access to Information Act_, a record within
the meaning of that Act, or to disclose, pursuant to any like Act of the
legislature of a province, like material;
(b) to disclose, pursuant to the _Privacy Act_, personal information within
the meaning of that Act, or to disclose, pursuant to any like Act of the
legislature of a province, like information;
(c) to make a copy of an object referred to in section 14 of the _Cultural
Property Export and Import Act_, for deposit in an institution pursuant to a
direction under that section; and
(d) to make a fixation or copy of a work or other subject-matter in order to
comply with the _Broadcasting Act_ or any rule, regulation or other instrument
made under it.
Limitation
(2) Nothing in paragraph (1)(a) or (b) authorizes a person to whom a record or
information is disclosed to do anything that, by this Act, only the owner of
the copyright in the record, personal information or like information, as the
case may be, has a right to do.
Destruction of fixation or copy
(3) Unless the _Broadcasting Act_ otherwise provides, a person who makes a
fixation or copy under paragraph (1)(d) shall destroy it immediately on the
expiration of the period for which it must be kept pursuant to that Act, rule,
regulation or other instrument.
1997, c. 24, s. 19.
### Miscellaneous
Permitted acts
**32.2 ** (1) It is not an infringement of copyright
(a) for an author of an artistic work who is not the owner of the copyright in
the work to use any mould, cast, sketch, plan, model or study made by the
author for the purpose of the work, if the author does not thereby repeat or
imitate the main design of the work;
(b) for any person to reproduce, in a painting, drawing, engraving, photograph
or cinematographic work
(i) an architectural work, provided the copy is not in the nature of an
architectural drawing or plan, or
(ii) a sculpture or work of artistic craftsmanship or a cast or model of a
sculpture or work of artistic craftsmanship, that is permanently situated in a
public place or building;
(c) for any person to make or publish, for the purposes of news reporting or
news summary, a report of a lecture given 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;
(d) for any person to read or recite in public a reasonable extract from a
published work; or
(e) for any person to make or publish, for the purposes of news reporting or
news summary, a report of an address of a political nature given at a public
meeting.
Further permitted acts
(2) It is not an infringement of copyright for a person to do any of the
following acts without motive of gain at any agricultural or agricultural-
industrial exhibition or fair that receives a grant from or is held by its
directors under federal, provincial or municipal authority:
(a) the live performance in public of a musical work;
(b) the performance in public of a sound recording embodying a musical work or
a performer's performance of a musical work; or
(c) the performance in public of a communication signal carrying
(i) the live performance in public of a musical work, or
(ii) a sound recording embodying a musical work or a performer's performance
of a musical work.
Further permitted acts
(3) No religious organization or institution, educational institution and no
charitable or fraternal organization shall be held liable to pay any
compensation for doing any of the following acts in furtherance of a
religious, educational or charitable object:
(a) the live performance in public of a musical work;
(b) the performance in public of a sound recording embodying a musical work or
a performer's performance of a musical work; or
(c) the performance in public of a communication signal carrying
(i) the live performance in public of a musical work, or
(ii) a sound recording embodying a musical work or a performer's performance
of a musical work.
1997, c. 24, s. 19.
## Interpretation
No right to equitable remuneration
**32.3 ** For the purposes of sections 29 to 32.2, an act that does not
infringe copyright does not give rise to a right to remuneration conferred by
section 19.
1997, c. 24, s. 19.
## Compensation for Acts Done Before Recognition of Copyright of Performers
and Broadcasters
Certain rights and interests protected
**32.4 ** (1) Notwithstanding section 27, where a person has, before the later
of January 1, 1996 and the day on which a country becomes a WTO member,
incurred an expenditure or liability in connection with, or in preparation
for, the doing of an act that would have infringed copyright under section 26
commencing on the later of those days, had that country been a WTO member, any
right or interest of that person that
(a) arises from or in connection with the doing of that act, and
(b) is subsisting and valuable on the later of those days
is not prejudiced or diminished by reason only that that country has become a
WTO member, except as provided by an order of the Board made under subsection
78(3).
Compensation
(2) Notwithstanding subsection (1), a person's right or interest that is
protected by that subsection terminates if and when the owner of the copyright
pays that person such compensation as is agreed to between the parties or,
failing agreement, as is determined by the Board in accordance with section
78.
Limitation
(3) Nothing in subsections (1) and (2) affects any right of a performer
available in law or equity.
1997, c. 24, s. 19.
Certain rights and interests protected
**32.5 ** (1) Notwithstanding section 27, where a person has, before the later
of the coming into force of Part II and the day on which a country becomes a
Rome Convention country, incurred an expenditure or liability in connection
with, or in preparation for, the doing of an act that would have infringed
copyright under section 15 or 21 commencing on the later of those days, had
Part II been in force or had that country been a Rome Convention country, any
right or interest of that person that
(a) arises from or in connection with the doing of that act, and
(b) is subsisting and valuable on the later of those days
is not prejudiced or diminished by reason only that Part II has come into
force or that the country has become a Rome Convention country, except as
provided by an order of the Board made under subsection 78(3).
Compensation
(2) Notwithstanding subsection (1), a person's right or interest that is
protected by that subsection terminates if and when the owner of the copyright
pays that person such compensation as is agreed to between the parties or,
failing agreement, as is determined by the Board in accordance with section
78.
Limitation
(3) Nothing in subsections (1) and (2) affects any right of a performer
available in law or equity.
1997, c. 24, s. 19.
## Compensation for Acts Done Before Recognition of Copyright or Moral Rights
Certain rights and interests protected
**33. ** (1) Notwithstanding subsections 27(1), (2) and (4) and sections 27.1,
28.1 and 28.2, where a person has, before the later of January 1, 1996 and the
day on which a country becomes a treaty country, incurred an expenditure or
liability in connection with, or in preparation for, the doing of an act that
would have infringed a copyright owner's copyright or an author's moral rights
had that country been a treaty country, any right or interest of that person
that
(a) arises from or in connection with the doing of that act, and
(b) is subsisting and valuable on the latest of those days
is not prejudiced or diminished by reason only that that country has become a
treaty country, except as provided by an order of the Board made under
subsection 78(3).
Compensation
(2) Notwithstanding subsection (1), a person's right or interest that is
protected by that subsection terminates, as against the copyright owner or
author, if and when that copyright owner or the author, as the case may be,
pays that person such compensation as is agreed to between the parties or,
failing agreement, as is determined by the Board in accordance with section
78.
R.S., 1985, c. C-42, s. 33; R.S., 1985, c. 10 (4th Supp.), s. 7; 1997, c. 24,
s. 19.
# PART IV
# REMEDIES
## Civil Remedies
Copyright
**34. ** (1) Where copyright has been infringed, the owner of the copyright
is, subject to this Act, entitled to all remedies by way of injunction,
damages, accounts, delivery up and otherwise that are or may be conferred by
law for the infringement of a right.
Moral rights
(2) In any proceedings for an infringement of a moral right of an author, the
court may grant to the author or to the person who holds the moral rights by
virtue of subsection 14.2(2) or (3), as the case may be, all remedies by way
of injunction, damages, accounts, delivery up and otherwise that are or may be
conferred by law for the infringement of a right.
Costs
(3) The costs of all parties in any proceedings in respect of the infringement
of a right conferred by this Act shall be in the discretion of the court.
Summary proceedings
(4) The following proceedings may be commenced or proceeded with by way of
application or action and shall, in the case of an application, be heard and
determined without delay and in a summary way:
(a) proceedings for infringement of copyright or moral rights;
(b) proceedings taken under section 44.1, 44.2 or 44.4; and
(c) proceedings taken in respect of
(i) a tariff certified by the Board under Part VII or VIII, or
(ii) agreements referred to in section 70.12.
Practice and procedure
(5) The rules of practice and procedure, in civil matters, of the court in
which proceedings are commenced by way of application apply to those
proceedings, but where those rules do not provide for the proceedings to be
heard and determined without delay and in a summary way, the court may give
such directions as it considers necessary in order to so provide.
Actions
(6) The court in which proceedings are instituted by way of application may,
where it considers it appropriate, direct that the proceeding be proceeded
with as an action.
Meaning of "application"
(7) In this section, "application" means a proceeding that is commenced other
than by way of a writ or statement of claim.
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; 1994, c. 47, s. 62; 1997, c. 24, s. 20.
Presumptions respecting copyright and ownership
**34.1 ** (1) In any proceedings for infringement of copyright in which the
defendant puts in issue either the existence of the copyright or the title of
the plaintiff thereto,
(a) copyright shall be presumed, unless the contrary is proved, to subsist in
the work, performer's performance, sound recording or communication signal, as
the case may be; and
(b) the author, performer, maker or broadcaster, as the case may be, shall,
unless the contrary is proved, be presumed to be the owner of the copyright.
Where no grant registered
(2) Where any matter referred to in subsection (1) is at issue and no
assignment of the copyright, or licence granting an interest in the copyright,
has been registered under this Act,
(a) if a name purporting to be that of
(i) the author of the work,
(ii) the performer of the performer's performance,
(iii) the maker of the sound recording, or
(iv) the broadcaster of the communication signal
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, performer, maker or broadcaster;
(b) if
(i) no name is so printed or indicated, or if the name so printed or indicated
is not the true name of the author, performer, maker or broadcaster or the
name by which that person is commonly known, and
(ii) a name purporting to be that of the publisher or owner of the work,
performer's performance, sound recording or communication signal is printed or
otherwise indicated thereon in the usual manner,
the person whose name is printed or indicated as described in subparagraph
(ii) shall, unless the contrary is proved, be presumed to be the owner of the
copyright in question; and
(c) if, on a cinematographic work, a name purporting to be that of the maker
of the cinematographic work appears in the usual manner, the person so named
shall, unless the contrary is proved, be presumed to be the maker of the
cinematographic work.
1997, c. 24, s. 20.
Liability for infringement
**35. ** (1) Where a person infringes copyright, the person is liable to pay
such damages to the owner of the copyright as the owner has suffered due to
the infringement and, in addition to those damages, such part of the profits
that the infringer has made from the infringement and that were not taken into
account in calculating the damages as the court considers just.
Proof of profits
(2) In proving profits,
(a) the plaintiff shall be required to prove only receipts or revenues derived
from the infringement; and
(b) the defendant shall be required to prove every element of cost that the
defendant claims.
R.S., 1985, c. C-42, s. 35; 1997, c. 24, s. 20.
Protection of separate rights
**36. ** (1) Subject to this section, the owner of any copyright, or any
person or persons deriving any right, title or interest by assignment or grant
in writing from the owner, may individually for himself or herself, as a party
to the proceedings in his or her own name, protect and enforce any right that
he or she holds, and, to the extent of that right, title and interest, is
entitled to the remedies provided by this Act.
Where copyright owner to be made party
(2) Where proceedings referred to in subsection (1) are taken by a person
other than the copyright owner, the copyright owner must be made a party to
those proceedings, except
(a) in respect of proceedings taken under section 44.1, 44.2 or 44.4;
(b) in respect of interlocutory proceedings unless the court is of the opinion
that the interests of justice require the copyright owner to be a party; and
(c) in any other case, if the court is of the opinion that the interests of
justice do not require the copyright owner to be a party.
Owner's liability for costs
(3) A copyright owner who is made a party to proceedings pursuant to
subsection (2) is not liable for any costs unless the copyright owner takes
part in the proceedings.
Apportionment of damages, profits
(4) Where a copyright owner is made a party to proceedings pursuant to
subsection (2), the court, in awarding damages or profits, shall, subject to
any agreement between the person who took the proceedings and the copyright
owner, apportion the damages or profits referred to in subsection 35(1)
between them as the court considers appropriate.
R.S., 1985, c. C-42, s. 36; 1994, c. 47, s. 63; 1997, c. 24, s. 20.
Concurrent jurisdiction of Federal Court
**37. ** The Federal Court has concurrent jurisdiction with provincial courts
to hear and determine all proceedings, other than the prosecution of offences
under section 42 and 43, for the enforcement of a provision of this Act or of
the civil remedies provided by this Act.
R.S., 1985, c. C-42, s. 37; 1997, c. 24, s. 20.
Recovery of possession of copies, plates
**38. ** (1) Subject to subsection (2), the owner of the copyright in a work
or other subject-matter may
(a) recover possession of all infringing copies of that work or other subject-
matter, and of all plates used or intended to be used for the production of
infringing copies, and
(b) take proceedings for seizure of those copies or plates before judgment if,
under the law of Canada or of the province in which those proceedings are
taken, a person is entitled to take such proceedings,
as if those copies or plates were the property of the copyright owner.
Powers of court
(2) On application by
(a) a person from whom the copyright owner has recovered possession of copies
or plates referred to in subsection (1),
(b) a person against whom proceedings for seizure before judgment of copies or
plates referred to in subsection (1) have been taken, or
(c) any other person who has an interest in those copies or plates,
a court may order that those copies or plates be destroyed, or may make any
other order that it considers appropriate in the circumstances.
Notice to interested persons
(3) Before making an order under subsection (2), the court shall direct that
notice be given to any person who has an interest in the copies or plates in
question, unless the court is of the opinion that the interests of justice do
not require such notice to be given.
Circumstances court to consider
(4) In making an order under subsection (2), the court shall have regard to
all the circumstances, including
(a) the proportion, importance and value of the infringing copy or plate, as
compared to the substrate or carrier embodying it; and
(b) the extent to which the infringing copy or plate is severable from, or a
distinct part of, the substrate or carrier embodying it.
Limitation
(5) Nothing in this Act entitles the copyright owner to damages in respect of
the possession or conversion of the infringing copies or plates.
R.S., 1985, c. C-42, s. 38; 1997, c. 24, s. 20.
Statutory damages
**38.1 ** (1) Subject to this section, a copyright owner may elect, at any
time before final judgment is rendered, to recover, instead of damages and
profits referred to in subsection 35(1), an award of statutory damages for all
infringements involved in the proceedings, with respect to any one work or
other subject-matter, for which any one infringer is liable individually, or
for which any two or more infringers are liable jointly and severally, in a
sum of not less than $500 or more than $20,000 as the court considers just.
Where defendant unaware of infringement
(2) Where a copyright owner has made an election under subsection (1) and the
defendant satisfies the court that the defendant was not aware and had no
reasonable grounds to believe that the defendant had infringed copyright, the
court may reduce the amount of the award to less than $500, but not less than
$200.
Special case
(3) Where
(a) there is more than one work or other subject-matter in a single medium,
and
(b) the awarding of even the minimum amount referred to in subsection (1) or
(2) would result in a total award that, in the court's opinion, is grossly out
of proportion to the infringement,
the court may award, with respect to each work or other subject-matter, such
lower amount than $500 or $200, as the case may be, as the court considers
just.
Collective societies
(4) Where the defendant has not paid applicable royalties, a collective
society referred to in section 67 may only make an election under this section
to recover, in lieu of any other remedy of a monetary nature provided by this
Act, an award of statutory damages in a sum of not less than three and not
more than ten times the amount of the applicable royalties, as the court
considers just.
Factors to consider
(5) In exercising its discretion under subsections (1) to (4), the court shall
consider all relevant factors, including
(a) the good faith or bad faith of the defendant;
(b) the conduct of the parties before and during the proceedings; and
(c) the need to deter other infringements of the copyright in question.
No award
(6) No statutory damages may be awarded against
(a) an educational institution or a person acting under its authority that has
committed an act referred to in section 29.6 or 29.7 and has not paid any
royalties or complied with any terms and conditions fixed under this Act in
relation to the commission of the act;
(b) an educational institution, library, archive or museum that is sued in the
circumstances referred to in section 38.2; or
(c) a person who infringes copyright under paragraph 27(2)(e) or section 27.1,
where the copy in question was made with the consent of the copyright owner in
the country where the copy was made.
Exemplary or punitive damages not affected
(7) An election under subsection (1) does not affect any right that the
copyright owner may have to exemplary or punitive damages.
1997, c. 24, s. 20.
Maximum amount that may be recovered
**38.2 ** (1) An owner of copyright in a work who has not authorized a
collective society to authorize its reprographic reproduction may recover, in
proceedings against an educational institution, library, archive or museum
that has reproduced the work, a maximum amount equal to the amount of
royalties that would have been payable to the society in respect of the
reprographic reproduction, if it were authorized, either
(a) under any agreement entered into with the collective society; or
(b) under a tariff certified by the Board pursuant to section 70.15.
Agreements with more than one collective society
(2) Where agreements respecting reprographic reproduction have been signed
with more than one collective society or where more than one tariff applies or
where both agreements and tariffs apply, the maximum amount that the copyright
owner may recover is the largest amount of the royalties provided for in any
of those agreements or tariffs.
Application
(3) Subsections (1) and (2) apply only where
(a) the collective society is entitled to authorize, or the tariff provides
for the payment of royalties in respect of, the reprographic reproduction of
that category of work; and
(b) copying of that general nature and extent is covered by the agreement or
tariff.
1997, c. 24, s. 20.
Injunction only remedy when defendant not aware of copyright
**39. ** (1) Subject to subsection (2), in any proceedings for infringement of
copyright, 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, the defendant was not aware and had no reasonable
ground for suspecting that copyright subsisted in the work or other subject-
matter in question.
Exception where copyright registered
(2) Subsection (1) does not apply if, at the date of the infringement, the
copyright was duly registered under this Act.
R.S., 1985, c. C-42, s. 39; 1997, c. 24, s. 20.
Wide injunction
**39.1 ** (1) When granting an injunction in respect of an infringement of
copyright in a work or other subject-matter, the court may further enjoin the
defendant from infringing the copyright in any other work or subject-matter if
(a) the plaintiff is the owner of the copyright or the person to whom an
interest in the copyright has been granted by licence; and
(b) the plaintiff satisfies the court that the defendant will likely infringe
the copyright in those other works or subject-matter unless enjoined by the
court from doing so.
Application of injunction
(2) An injunction granted under subsection (1) may extend to works or other
subject-matter
(a) in respect of which the plaintiff was not, at the time the proceedings
were commenced, the owner of the copyright or the person to whom an interest
in the copyright has been granted by licence; or
(b) that did not exist at the time the proceedings were commenced.
1997, c. 24, s. 20.
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.
Certain remedies inapplicable
(2) Sections 38 and 42 do not apply in any case in respect of which subsection
(1) applies.
R.S., 1985, c. C-42, s. 40; 1997, c. 24, s. 21.
Limitation period for civil remedies
**41. ** (1) Subject to subsection (2), a court may not award a remedy in
relation to an infringement unless
(a) in the case where the plaintiff knew, or could reasonably have been
expected to know, of the infringement at the time it occurred, the proceedings
for infringement are commenced within three years after the infringement
occurred; or
(b) in the case where the plaintiff did not know, and could not reasonably
have been expected to know, of the infringement at the time it occurred, the
proceedings for infringement are commenced within three years after the time
when the plaintiff first knew, or could reasonably have been expected to know,
of the infringement.
Restriction
(2) The court shall apply the limitation period set out in paragraph (1)(a) or
(b) only in respect of a party who pleads a limitation period.
R.S., 1985, c. C-42, s. 41; R.S., 1985, c. 10 (4th Supp.), s. 9; 1997, c. 24,
s. 22.
## Criminal Remedies
Offences and punishment
**42. ** (1) Every person who knowingly
(a) makes for sale or rental an infringing copy of a work or other subject-
matter in which copyright subsists,
(b) sells or rents out, or by way of trade exposes or offers for sale or
rental, an infringing copy of a work or other subject-matter in which
copyright subsists,
(c) distributes infringing copies of a work or other subject-matter 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 an infringing copy of a work or other
subject-matter in which copyright subsists, or
(e) imports for sale or rental into Canada any infringing copy of a work or
other subject-matter 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 that is specifically designed or adapted for
the purpose of making infringing copies of any work or other subject-matter 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 or other subject-matter 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,
on conviction, order that all copies of the work or other subject-matter that
appear to it to be infringing copies, or all plates in the possession of the
offender predominantly used for making infringing copies, be destroyed or
delivered up to the owner of the copyright or otherwise dealt with as the
court may think fit.
Limitation period
(4) Proceedings by summary conviction in respect of an offence under this
section may be instituted at any time within, but not later than, two years
after the time when the offence was committed.
Parallel importation of books
(5) No person may be prosecuted under this section for importing a book or
dealing with an imported book in the manner described in section 27.1.
R.S., 1985, c. C-42, s. 42; R.S., 1985, c. 10 (4th Supp.), s. 10; 1997, c. 24,
s. 24.
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.
**43.1 ** [Repealed, 1997, c. 24, s. 25]
## Importation
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 Canada Border Services Agency
that the owner desires that the copies not be so imported into Canada, shall
not be so imported and are deemed to be included in tariff item No. 9897.00.00
in the List of Tariff Provisions set out in the schedule to the _Customs
Tariff_, and section 136 of that Act applies accordingly.
R.S., 1985, c. C-42, s. 44; R.S., 1985, c. 41 (3rd Supp.), s. 116; 1997, c.
36, s. 205; 1999, c. 17, s. 119; 2005, c. 38, s. 139.
Definitions
**44.1 ** (1) In this section and sections 44.2 and 44.3,
"court"
"court" means the Federal Court or the superior court of a province;
"duties"
"duties" has the same meaning as in the _Customs Act_;
"Minister"
"Minister" means the Minister of Public Safety and Emergency Preparedness;
"release"
"release" has the same meaning as in the _Customs Act_.
Power of court
(2) A court may make an order described in subsection (3) where the court is
satisfied that
(a) copies of the work are about to be imported into Canada, or have been
imported into Canada but have not yet been released;
(b) either
(i) copies of the work were made without the consent of the person who then
owned the copyright in the country where the copies were made, or
(ii) the copies were made elsewhere than in a country to which this Act
extends; and
(c) the copies would infringe copyright if they were made in Canada by the
importer and the importer knows or should have known this.
Who may apply
(2.1) A court may make an order described in subsection (3) on application by
the owner or exclusive licensee of copyright in a work in Canada.
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 for an order made under 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 copies of 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 a
proceeding 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 a proceeding 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 copies of the work be destroyed, or that they 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; 1997, c. 24, s. 27; 2005, c. 38, ss. 142, 145.
Importation of books
**44.2 ** (1) A court may, subject to this section, make an order described in
subsection 44.1(3) in relation to a book where the court is satisfied that
(a) copies of the book are about to be imported into Canada, or have been
imported into Canada but have not yet been released;
(b) copies of the book were made with the consent of the owner of the
copyright in the book in the country where the copies were made, but were
imported without the consent of the owner in Canada of the copyright in the
book; and
(c) the copies would infringe copyright if they were made in Canada by the
importer and the importer knows or should have known this.
Who may apply
(2) A court may make an order described in subsection 44.1(3) in relation to a
book on application by
(a) the owner of the copyright in the book in Canada;
(b) the exclusive licensee of the copyright in the book in Canada; or
(c) the exclusive distributor of the book.
Limitation
(3) Subsections (1) and (2) only apply where there is an exclusive distributor
of the book and the acts described in those subsections take place in the part
of Canada or in respect of the particular sector of the market for which the
person is the exclusive distributor.
Application of certain provisions
(4) Subsections 44.1(3) to (10) apply, with such modifications as the
circumstances require, in respect of an order made under subsection (1).
1994, c. 47, s. 66; 1997, c. 24, s. 28.
Limitation
**44.3 ** No exclusive licensee of the copyright in a book in Canada, and no
exclusive distributor of a book, may obtain an order under section 44.2
against another exclusive licensee of the copyright in that book in Canada or
against another exclusive distributor of that book.
1997, c. 24, s. 28.
Importation of other subject-matter
**44.4 ** Section 44.1 applies, with such modifications as the circumstances
require, in respect of a sound recording, performer's performance or
communication signal, where a fixation or a reproduction of a fixation of it
(a) is about to be imported into Canada, or has been imported into Canada but
has not yet been released;
(b) either
(i) was made without the consent of the person who then owned the copyright in
the sound recording, performer's performance or communication signal, as the
case may be, in the country where the fixation or reproduction was made, or
(ii) was made elsewhere than in a country to which Part II extends; and
(c) would infringe the right of the owner of copyright in the sound recording,
performer's performance or communication signal if it was made in Canada by
the importer and the importer knows or should have known this.
1997, c. 24, s. 28.
Exceptions
**45. ** (1) Notwithstanding anything in this Act, it is lawful for a person
(a) to import for their own use not more than two copies of a work or other
subject-matter made with the consent of the owner of the copyright in the
country where it was made;
(b) to import for use by a department of the Government of Canada or a
province copies of a work or other subject-matter made with the consent of the
owner of the copyright in the country where it was made;
(c) at any time before copies of a work or other subject-matter are made in
Canada, to import any copies, except copies of a book, made with the consent
of the owner of the copyright in the country where the copies were made, that
are required for the use of a library, archive, museum or educational
institution;
(d) to import, for the use of a library, archive, museum or educational
institution, not more than one copy of a book that is made with the consent of
the owner of the copyright in the country where the book was made; and
(e) to import copies, made with the consent of the owner of the copyright in
the country where they were made, of any used books, except textbooks of a
scientific, technical or scholarly nature for use within an educational
institution in a course of instruction.
Satisfactory evidence
(2) An officer of customs may, in the officer's discretion, require a person
seeking to import a copy of a work or other subject-matter under this section
to produce satisfactory evidence of the facts necessary to establish the
person's right to import the copy.
R.S., 1985, c. C-42, s. 45; R.S., 1985, c. 41 (3rd Supp.), s. 117; 1993, c.
44, s. 67; 1994, c. 47, s. 67; 1997, c. 24, s. 28.
# PART V
# ADMINISTRATION
## Copyright Office
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.
Owner of copyright
(2) A certificate of registration of copyright is evidence that the copyright
subsists and that the person registered is the owner of the copyright.
Assignee
(2.1) A certificate of registration of an assignment of copyright is evidence
that the right recorded on the certificate has been assigned and that the
assignee registered is the owner of that right.
Licensee
(2.2) A certificate of registration of a licence granting an interest in a
copyright is evidence that the interest recorded on the certificate has been
granted and that the licensee registered is the holder of that interest.
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; 1997, c. 24,
s. 30.
## 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
(a) the names or titles of works and of other subject-matter in which
copyright subsists;
(b) the names and addresses of authors, performers, makers of sound
recordings, broadcasters, owners of copyright, assignees of copyright, and
persons to whom an interest in copyright has been granted by licence; and
(c) such other particulars as may be prescribed by regulation.
(2) [Repealed, 1997, c. 24, s. 31]
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 by regulation.
Inspection and extracts
(5) The Register and indices established under this section 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; 1997, c. 24, s. 31.
Copyright in works
**55. ** (1) Application for the registration of a copyright in a work may be
made by or on behalf of the author of the work, the owner of the copyright in
the work, an assignee of the copyright, or a person to whom an interest in the
copyright has been granted by licence.
Application for registration
(2) An application under subsection (1) must be filed with the Copyright
Office, be accompanied by the fee prescribed by or determined under the
regulations, and contain the following information:
(a) the name and address of the owner of the copyright in the work;
(b) a declaration that the applicant is the author of the work, the owner of
the copyright in the work, an assignee of the copyright, or a person to whom
an interest in the copyright has been granted by licence;
(c) the category of the work;
(d) the title of the work;
(e) the name of the author and, if the author is dead, the date of the
author's death, if known;
(f) in the case of a published work, the date and place of the first
publication; and
(g) any additional information prescribed by regulation.
R.S., 1985, c. C-42, s. 55; 1997, c. 24, s. 32.
Copyright in subject-matter other than works
**56. ** (1) Application for the registration of a copyright in subject-matter
other than a work may be made by or on behalf of the owner of the copyright in
the subject-matter, an assignee of the copyright, or a person to whom an
interest in the copyright has been granted by licence.
Application for registration
(2) An application under subsection (1) must be filed with the Copyright
Office, be accompanied by the fee prescribed by or determined under the
regulations, and contain the following information:
(a) the name and address of the owner of the copyright in the subject-matter;
(b) a declaration that the applicant is the owner of the copyright in the
subject-matter, an assignee of the copyright, or a person to whom an interest
in the copyright has been granted by licence;
(c) whether the subject-matter is a performer's performance, a sound recording
or a communication signal;
(d) the title, if any, of the subject-matter;
(e) the date of
(i) in the case of a performer's performance, its first fixation in a sound
recording or, if it is not fixed in a sound recording, its first performance,
(ii) in the case of a sound recording, the first fixation, or
(iii) in the case of a communication signal, its broadcast; and
(f) any additional information prescribed by regulation.
R.S., 1985, c. C-42, s. 56; 1993, c. 15, s. 6; 1997, c. 24, s. 32.
Recovery of damages
**56.1 ** Where a person purports to have the authority to apply for the
registration of a copyright under section 55 or 56 on behalf of another
person, any damage caused by a fraudulent or erroneous assumption of such
authority is recoverable in any court of competent jurisdiction.
1997, c. 24, s. 32.
Registration of assignment or licence
**57. ** (1) The Registrar of Copyrights shall register an assignment of
copyright, or a licence granting an interest in a copyright, on being
furnished with
(a) the original instrument or a certified copy of it, or other evidence
satisfactory to the Registrar of the assignment or licence; and
(b) the fee prescribed by or determined under the regulations.
(2) [Repealed, 1992, c. 1, s. 51]
When assignment or licence is void
(3) Any assignment of copyright, or any licence granting an interest in a
copyright, 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; 1997, c. 24,
s. 33.
Execution of instruments
**58. ** (1) Any assignment of copyright, or any licence granting an interest
in a copyright, may be executed, subscribed or acknowledged at any place in a
treaty country or a Rome Convention country by the assignor, 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 their signature and
affixes thereto or impresses thereon their official seal or the seal of the
court of which they are such judge.
Execution of instruments
(2) Any assignment of copyright, or any licence granting an interest in a
copyright, may be executed, subscribed or acknowledged by the assignor,
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 Canada performing their 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.
Other testimony
(4) The provisions of subsections (1) and (2) shall be deemed to be permissive
only, and the execution of any assignment of copyright, or any licence
granting an interest in a copyright, may in any case be proved in accordance
with the applicable rules of evidence.
R.S., 1985, c. C-42, s. 58; 1997, c. 24, s. 34.
## 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.
# PART VI
# MISCELLANEOUS PROVISIONS
## 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); 1997, c.
24, s. 52(F).
## Clerical Errors
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.
## Regulations
Regulations
**62. ** (1) The Governor in Council may make regulations
(a) prescribing anything that by this Act is to be prescribed by regulation;
and
(b) generally for carrying out the purposes and provisions 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., 1985, c. C-42, s. 62; 1997, c. 24, s. 37.
## Industrial Designs and Topographies
**63. ** [Repealed, 1997, c. 24, s. 38]
Interpretation
**64. ** (1) In this section and section 64.1,
"article"
"article" means any thing that is made by hand, tool or machine;
"design"
"design" 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"
"useful article" means an article that has a utilitarian function and includes
a model of any such article;
"utilitarian function"
"utilitarian function", 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.
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; 1997, c. 24, s. 39.
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
(a) the copyright, or
(b) the moral rights, if any,
in any sound recording, cinematograph film or other contrivance by means of
which a work may be mechanically reproduced or performed.
R.S., 1985, c. 10 (4th Supp.), s. 11; 1997, c. 24, s. 40.
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]
# PART VII
# COPYRIGHT BOARD AND COLLECTIVE ADMINISTRATION OF COPYRIGHT
## 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 Labour 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 federal public administration 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; 2003, c. 22, s. 154(E), 224(E), 225(E).
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; 2003, c. 22, s. 225(E).
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 or their related terms
and conditions that is made under subsection 68(3), sections 68.1 or 70.15 or
or subsections 70.2(2), 70.6(1), 73(1) or 83(8) may, on application, be varied
by the Board if, in its opinion, there has been a material change in
circumstances since the decision was made.
R.S., 1985, c. 10 (4th Supp.), s. 12; 1988, c. 65, s. 64; 1997, c. 24, s. 42.
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; 2002, c. 8, s. 131(F).
Distribution, publication of notices
**66.71 ** Independently of any other provision of this Act relating to the
distribution or publication of information or documents by the Board, the
Board may at any time cause to be distributed or published, in any manner and
on any terms and conditions that it sees fit, any notice that it sees fit to
be distributed or published.
1997, c. 24, s. 43.
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.
Regulations
**66.91 ** The Governor in Council may make regulations issuing policy
directions to the Board and establishing general criteria to be applied by the
Board or to which the Board must have regard
(a) in establishing fair and equitable royalties to be paid pursuant to this
Act; and
(b) in rendering its decisions in any matter within its jurisdiction.
1997, c. 24, s. 44.
## Collective Administration of Performing Rights and of Communication Rights
Public access to repertoires
**67. ** Each collective society that carries on
(a) the business of granting licences or collecting royalties for the
performance in public of musical works, dramatico-musical works, performer's
performances of such works, or sound recordings embodying such works, or
(b) the business of granting licences or collecting royalties for the
communication to the public by telecommunication of musical works, dramatico-
musical works, performer's performances of such works, or sound recordings
embodying such works, other than the communication of musical works or
dramatico-musical works in a manner described in subsection 31(2),
must answer within a reasonable time all reasonable requests from the public
for information about its repertoire of works, performer's performances or
sound recordings, that are in current use.
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; 1997, c. 24, s. 45.
Filing of proposed tariffs
**67.1 ** (1) Each collective society referred to in section 67 shall, on or
before the March 31 immediately before the date when its last tariff approved
pursuant to subsection 68(3) expires, file with the Board a proposed tariff,
in both official languages, of all royalties to be collected by the collective
society.
Where no previous tariff
(2) A collective society referred to in subsection (1) in respect of which no
tariff has been approved pursuant to subsection 68(3) shall file with the
Board its proposed tariff, in both official languages, of all royalties to be
collected by it, on or before the March 31 immediately before its proposed
effective date.
Effective period of tariffs
(3) A proposed tariff must provide that the royalties are to be effective for
periods of one or more calendar years.
Prohibition of enforcement
(4) Where a proposed tariff is not filed with respect to the work, performer's
performance or sound recording in question, no action may be commenced,
without the written consent of the Minister, for
(a) the infringement of the rights, referred to in section 3, to perform a
work in public or to communicate it to the public by telecommunication; or
(b) the recovery of royalties referred to in section 19.
Publication of proposed tariffs
(5) As soon as practicable after the receipt of a proposed tariff filed
pursuant to subsection (1), the Board shall publish it in the _Canada Gazette_
and shall give notice that, within sixty days after the publication of the
tariff, prospective users or their representatives may file written objections
to the tariff with the Board.
R.S., 1985, c. 10 (4th Supp.), s. 12; 1997, c. 24, s. 45; 2001, c. 34, s.
35(E).
**67.2 and 67.3 ** [Repealed, 1997, c. 24, s. 45]
Board to consider proposed tariffs and objections
**68. ** (1) The Board shall, as soon as practicable, consider a proposed
tariff and any objections thereto referred to in subsection 67.1(5) or raised
by the Board, and
(a) send to the collective society 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.
Criteria and factors
(2) In examining a proposed tariff for the performance in public or the
communication to the public by telecommunication of performer's performances
of musical works, or of sound recordings embodying such performer's
performances, the Board
(a) shall ensure that
(i) the tariff applies in respect of performer's performances and sound
recordings only in the situations referred to in subsections 20(1) and (2),
(ii) the tariff does not, because of linguistic and content requirements of
Canada's broadcasting policy set out in section 3 of the _Broadcasting Act_,
place some users that are subject to that Act at a greater financial
disadvantage than others, and
(iii) the payment of royalties by users pursuant to section 19 will be made in
a single payment; and
(b) may take into account any factor that it considers appropriate.
Certification
(3) The Board shall certify the tariffs as approved, with such alterations to
the royalties and to the terms and conditions related thereto as the Board
considers necessary, having regard to
(a) any objections to the tariffs under subsection 67.1(5); and
(b) the matters referred to in subsection (2).
Publication of approved tariffs
(4) The Board shall
(a) publish the approved tariffs in the _Canada Gazette_ as soon as
practicable; and
(b) send a copy of each approved tariff, together with the reasons for the
Board's decision, to each collective society that filed a proposed tariff and
to any person who filed an objection.
R.S., 1985, c. C-42, s. 68; R.S., 1985, c. 10 (4th Supp.), s. 13; 1993, c. 23,
s. 5; 1997, c. 24, s. 45.
Special and transitional royalty rates
**68.1 ** (1) Notwithstanding the tariffs approved by the Board under
subsection 68(3) for the performance in public or the communication to the
public by telecommunication of performer's performances of musical works, or
of sound recordings embodying such performer's performances,
(a) wireless transmission systems, except community systems and public
transmission systems, shall pay royalties as follows:
(i) in respect of each year, $100 on the first 1.25 million dollars of annual
advertising revenues, and
(ii) on any portion of annual advertising revenues exceeding 1.25 million
dollars,
(A) for the first year following the coming into force of this section,
thirty-three and one third per cent of the royalties set out in the approved
tariff for that year,
(B) for the second year following the coming into force of this section,
sixty-six and two thirds per cent of the royalties set out in the approved
tariff for that year, and
(C) for the third year following the coming into force of this section, one
hundred per cent of the royalties set out in the approved tariff for that
year;
(b) community systems shall pay royalties of $100 in respect of each year; and
(c) public transmission systems shall pay royalties, in respect of each of the
first three years following the coming into force of this section, as follows:
(i) for the first year following the coming into force of this section,
thirty-three and one third per cent of the royalties set out in the approved
tariff for that year,
(ii) for the second year following the coming into force of this section,
sixty-six and two thirds per cent of the royalties set out in the approved
tariff for that year, and
(iii) for the third year following the coming into force of this section, one
hundred per cent of the royalties set out in the approved tariff for that
year.
Effect of paying royalties
(2) The payment of the royalties set out in subsection (1) fully discharges
all liabilities of the system in question in respect of the approved tariffs.
Definition of "advertising revenues"
(3) The Board may, by regulation, define "advertising revenues" for the
purposes of subsection (1).
Preferential royalty rates
(4) The Board shall, in certifying a tariff as approved under subsection
68(3), ensure that there is a preferential royalty rate for small cable
transmission systems.
Regulations
(5) The Governor in Council may make regulations defining "small cable
transmission system", "community system", "public transmission system" and
"wireless transmission system" for the purposes of this section.
1997, c. 24, s. 45.
Effect of fixing royalties
**68.2 ** (1) Without prejudice to any other remedies available to it, a
collective society may, for the period specified in its approved tariff,
collect the royalties specified in the tariff and, in default of their
payment, recover them in a court of competent jurisdiction.
Proceedings barred if royalties tendered or paid
(2) No proceedings may be brought for
(a) the infringement of the right to perform in public or the right to
communicate to the public by telecommunication, referred to in section 3, or
(b) the recovery of royalties referred to in section 19
against a person who has paid or offered to pay the royalties specified in an
approved tariff.
Continuation of rights
(3) Where a collective society files a proposed tariff in accordance with
subsection 67.1(1),
(a) any person entitled to perform in public or communicate to the public by
telecommunication those works, performer's performances or sound recordings
pursuant to the previous tariff may do so, even though the royalties set out
therein have ceased to be in effect, and
(b) the collective society may collect the royalties in accordance with the