- PART I
- PART II
- PART III
- Infringement of Copyright
- Moral Rights Infringement
- Exceptions
- Fair Dealing
- Acts Undertaken without Motive of Gain
- Educational Institutions
- Libraries, Archives and Museums
- Machines Installed in Educational Institutions, Libraries, Archives and Museums
- Libraries, Archives and Museums in Educational Institutions
- Library and Archives of Canada
- Computer Programs
- Incidental Inclusion
- Ephemeral Recordings
- Retransmission
- Persons with Perceptual Disabilities
- Statutory Obligations
- Miscellaneous
- Interpretation
- Compensation for Acts Done Before Recognition of Copyright of Performers and Broadcasters
- Compensation for Acts Done Before Recognition of Copyright or Moral Rights
- PART IV
- Civil Remedies
- Criminal Remedies
- Importation
- Importation of certain copyright works prohibited
- Definitions
- Power of court
- Who may apply
- Order of court
- How application made
- Court may require security
- Application for directions
- Minister may allow inspection
- Where applicant fails to commence an action
- Where court finds in plaintiff’s favour
- Other remedies not affected
- Importation of books
- Who may apply
- Limitation
- Application of certain provisions
- Limitation
- Importation of other subject-matter
- Exceptions
- Satisfactory evidence
- PART V
- Copyright Office
- Registration
- Register of Copyrights
- Single entry sufficient
- Indices
- Inspection and extracts
- Former registration effective
- Subsisting copyright
- Copyright in works
- Application for registration
- Copyright in subject-matter other than works
- Application for registration
- Recovery of damages
- Registration of assignment or licence
- When assignment or licence is void
- Rectification of Register by the Court
- Execution of instruments
- Execution of instruments
- Seals to be evidence
- Other testimony
- Fees
- PART VI
- PART VII
- Copyright Board
- Establishment
- Service
- Chairman
- Tenure
- Re-appointment
- Prohibition
- Members deemed public service employees
- Duties of chairman
- Absence or incapacity of chairman
- Duties of vice-chairman
- Remuneration and expenses
- Conflict of interest prohibited
- Termination of conflict of interest
- Staff
- Idem
- Technical assistance
- Concluding matters after membership expires
- Decisions
- Interim decisions
- Variation of decisions
- Regulations
- Publication of proposed regulations
- Exception
- General powers, etc.
- Enforcement of decisions
- Procedure
- Effect of variation of decision
- Distribution, publication of notices
- Studies
- Report
- Tabling
- Regulations
- Collective Administration of Performing Rights and of Communication Rights
- Public access to repertoires
- Filing of proposed tariffs
- Where no previous tariff
- Effective period of tariffs
- Prohibition of enforcement
- Publication of proposed tariffs
- Board to consider proposed tariffs and objections
- Criteria and factors
- Certification
- Publication of approved tariffs
- Special and transitional royalty rates
- Effect of paying royalties
- Definition of “advertising revenues”
- Preferential royalty rates
- Regulations
- Effect of fixing royalties
- Proceedings barred if royalties tendered or paid
- Continuation of rights
- Public Performances in Places Other Than Theatres
- Collective Administration in Relation to Rights under Sections 3, 15, 18 and 21
- Collective Societies
- Public information
- Tariff or agreement
- Tariffs
- Where no previous tariff
- Application of certain provisions
- Certification
- Application of certain provisions
- Distribution, publication of notices
- Prohibition of enforcement
- Continuation of rights
- Where agreement exists
- Agreement
- Fixing of Royalties in Individual Cases
- Fixing royalties, etc.
- Agreement
- Idem
- Effect of Board decision
- Examination of Agreements
- Filing agreement with the Board
- Idem
- Access by Commissioner
- Request for examination
- Examination and fixing of royalty
- Idem
- Royalties in Particular Cases
- Filing of proposed tariffs
- Times for filing
- Where no previous tariff
- Effective period of tariffs
- Publication of proposed tariffs
- Board to consider proposed tariffs and objections
- Certification
- No discrimination
- Publication of approved tariffs
- Special case
- Regulations
- Effect of fixing royalties
- Claims by non-members
- Royalties that may be recovered
- Exclusion of remedies
- Regulations
- Owners Who Cannot be Located
- Compensation for Acts Done Before Recognition of Copyright or Moral Rights
- Copyright Board
- PART VIII
- Interpretation
- Copying for Private Use
- Right of Remuneration
- Levy on Blank Audio Recording Media
- Liability to pay levy
- No levy for exports
- Filing of proposed tariffs
- Collecting body
- Times for filing
- Where no previous tariff
- Effective period of levies
- Publication of proposed tariffs
- Board to consider proposed tariffs and objections
- Duties of Board
- Factors Board to consider
- Publication of approved tariffs
- Authors, etc., not represented by collective society
- Exclusion of other remedies
- Powers of Board
- Single proposed tariff
- Distribution of Levies Paid
- Exemption from Levy
- Regulations
- Civil Remedies
- PART IX
Copyright Act (R.S., 1985, c. C-42)
Act current to January 16th, 2011
Attention: See coming into force provision and notes, where applicable.
Copyright Act
C-42
An Act respecting copyright
SHORT TITLE
Short title
1. This Act may be cited as the Copyright Act.
R.S., c. C-30, s. 1.
INTERPRETATION
Definitions
2. In this Act,
“architectural work” « oeuvre architecturale »
“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” « oeuvre artistique »
“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” « pays partie à la Convention de Berne »
“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” « Commission »
“Board” means the Copyright Board established by subsection 66(1);
“book” « livre »
“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” « radiodiffuseur »
“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” « oeuvre chorégraphique »
“choreographic work” includes any work of choreography, whether or not it has any story line;
“cinematograph” [Repealed, 1997, c. 24, s. 1]
“cinematographic work” « oeuvre cinématographique »
“cinematographic work” includes any work expressed by any process analogous to cinematography, whether or not accompanied by a soundtrack;
“collective society” « société de gestion »
“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” « recueil »
“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” « accessible sur le marché »
“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” « signal de communication »
“communication signal” means radio waves transmitted through space without any artificial guide, for reception by the public;
“compilation” « compilation »
“compilation” means
(a) a work resulting from the selection or arrangement of literary, dramatic, musical or artistic works or of parts thereof, or
(b) a work resulting from the selection or arrangement of data;
“computer program” « programme d’ordinateur »
“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” « droit d’auteur »
“copyright” means the rights described in
(a