- (Assented to 25 April 1997)
- Definition of “maker”
- Definition of “publication”
- Telecommunication
- Communication to the Public by Telecommunication
- What Constitutes Rental
- Exclusive Distributor
- PART I COPYRIGHT AND MORAL RIGHTS IN WORKS
- Copyright in Works
- Application of Subsections (1.01) and (1.02)
- First Publication
- Term of Copyright in Posthumous Works
- Application of Subsection (1)
- Transitional Provision
- Transitional Provision
- Term of Copyright in Photographs
- Cinematographic Works
- Engraving, Photograph or Portrait
- Subsequent Succession
- Performers’ Rights
- Contractual Arrangements
- Cinematographic Works
- Right to Remuneration
- Copyright in Sound Recordings
- Publication
- Provisions Applicable to Both Performers and Sound Recording Makers
- Royalties
- Division of Royalties
- Conditions
- Copyright in Communication Signals
- Conditions for Copyright
- Reciprocity
- Reciprocity
- Application of Act
- Application of Act
- Term of Rights
- Term of Right to Remuneration
- Ownership of Copyright
- Assignment of Rights
- Performer’s Performance in WTO Country
- PART III INFRINGEMENT OF COPYRIGHT AND MORAL RIGHTS AND EXCEPTIONS TO INFRINGEMENT
- Infringement of Copyright
- GENERAL
- PARALLEL IMPORTATION OF BOOKS
- Importation of Books
- RETRANSMISSION
- Exceptions
- FAIR DEALING
- Research or Private Study
- News Reporting
- News and Commentary
- Royalties for Reproduction
- Literary Collections
- Research or Private Study
- Restriction
- Notice
- Regulations
- Application
- Application to Libraries, etc. within Educational Institutions
- Copies for Archival Purposes
- Permitted Acts
- Incidental use
- Pre-recorded Recordings
- No Infringement
- Permitted Acts
- Interpretation
- No Right to Equitable Remuneration
- Certain Rights and Interests Protected
- PART IV REMEDIES
- Copyright
- Presumptions Respecting Copyright and Ownership
- Liability for Infringement
- Protection of Separate Rights
- Concurrent Jurisdiction of Federal Court
- Recovery of Possession of Copies, Plates
- Statutory Damages
- Maximum Amount ThatMay Be Recovered
- Injunction Only Remedy When Defendant Not Aware of Copyright
- Wide Injunction
- Limitation Period for Civil Remedies
- Criminal Remedies
- Power of Court to Deal with Copies or Plates
- Importation
- Definitions
- Power of Court
- Who May Apply
- How Application Made
- Where Applicant Fails to Commence an Action
- Importation of Books
- Limitation
- Importation of Other Subject-Matter
- Exceptions
- PART V ADMINISTRATION
- Copyright Office
- Register of Copyrights
- Copyright in Works
- Copyright in Subject-Matter Other than Works
- Recovery of Damages
- Registration of Assignment or Licence
- Execution of Instruments
- Other Testimony
- PART VI MISCELLANEOUS PROVISIONS
- Regulations
- Regulations
- Exception
- PART VII COPYRIGHT BOARD AND COLLECTIVE ADMINISTRATION OF COPYRIGHT
- Variation of Decisions
- Distribution, Publication of Notices
- Regulations
- Collective Administration of Performing Rights and of Communication Rights
- Public Access to Repertoires
- Publication of Proposed Tariffs
- Board to Consider Proposed Tariffsand Objections
- Publication of Approved Tariffs
- Special and Transitional Royalty Rates
- Effect of Fixing Royalties
- Public Performances in Places Other than Theatres
- Collective Administration in Relation to Rights under Sections 3, 15, 18 and 21
- Collective Societies
- Collective Societies
- Public Information
- Tariff or Agreement
- Filing of Proposed Tariffs
- Where No Previous Tariff
- Application of Certain Provisions
- Certification
- Distribution, Publication of Notices
- Prohibition of Enforcement
- Continuation of Rights
- Where Agreement Exists
- Agreement
- Application to Fix Amount of Royalty, etc.
- Effect of Board Decision
- Filing Agreement with the Board
- Royalties in Particular Cases
- Filing of Proposed Tariffs
- Where No Previous Tariff
- Publication of Proposed Tariffs
- Certification
- Special Case
- Claims by Non-Members
- Owners Who Cannot Be Located
- Circumstances in Which Licence May Be Issued by Board
- Board May Determine Compensation
- PART VIII PRIVATE COPYING
- Version anglaise seulement
- Copying for Private Use
- Where No Infringement of Copyright
- Right of Remuneration
- Right of Remuneration
- Liability to Pay Levy
- No Levy for Exports
- Filing of Proposed Tariffs
- Duties of Board
- Distribution by Collecting Body
- Reciprocity
- Where No Levy Payable
- If Registration System Exists
- Regulations
- Right of Recovery
- PART IX GENERAL PROVISIONS
- No Copyright, etc., Except by Statute
- Interpretation
- Adherence to Berne and Rome Conventions
- Review of Act
- General
- Coming into Force
- Coming into Force
- Coming into Force
An Act to amend the Copyright Act, S.C. 1997, c. 24 *
(Assented to 25 April 1997)
1.—(1) The definitions “delivery”, “Her Majesty’s Realms and Territories” and “work of sculpture” in section 2 of the Copyright Act are repealed.
(2) The definitions “book”, “cinematograph”, “infringing”, “maker”, “performance”, “performer’s performance” and “plate” in section 2 of the Act are replaced by the following:
“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;
“cinematographic work”
«œuvre cinématographique»
* Official English title.
Entry into force: (a) September 1, 1997: paragraphs 1(1) to (4); definitions of “broadcaster,” “collective society,” “commercially available,” “communication signal,” “copyright,” “country,” “perceptual disability,” “premises,” “Rome Convention country,” “sculpture” and “sound recording,” in section 2 of the Copyright Act, enacted by subsection 1(5); sections 2.11 to 2.5 and 2.7 of the Copyright Act, enacted by section 2; sections 3 to 5, 8 and 9; subsection 10(2); sections 11 to 14; section 27 of the Copyright Act, enacted by section 15; sections 16 and 17; sections 29 to 29.5, 29.8, 30 and 30.4 to 30.7 of the Copyright Act, enacted by subsection 18(1); subsection 18(2); section 19; subsections 34(1) to (3) and sections 34.1 to 38 and 39 of the Copyright Act, enacted by subsection 20(1); sections 21 to 28 and 35 to 44; subsections 67.1(3) to (5) and sections 68 to 68.2 of the Copyright Act, enacted by section 45; sections 46 to 49, 71 to 78 and 89 to 92 of the Copyright Act, enacted by section 50; and sections 51, 52, 53.1, 54, 55 to 58, 59 and 60 of this Act. (b) January 1, 1998: section 67 and subsections 67.1(1) and (2) of the Copyright Act, enacted by section 45 of this Act.
A replacement sheet indicating the dates of entry into force of other provisions of this Act will be published later.
Source: Communication from the Canadian authorities.
“cinematogaraphic work” includes any work expressed by any process analagous to cinematography, whether or not accompanied by a soundtrack;
“infringing”
«contrefaçon»
“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; “maker”
«producteur»
“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;
“performance”
«représentation» ou «exécution»
“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”
«prestation»
“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;
“plate”
«planche»
“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;
(3) The definitions “artiste interprète” and “œuvre artistique” in section 2 of the French version of the Act are replaced by the following: «artiste-interprète»
French version only
«artiste-interprète» Tout artiste-interprète ou exécutant.
«œuvre artistique»
“artistic work”
«œuvre artistique» Sont compris parmi les œuvres artistiques les peintures, dessins, sculptures, œuvres architecturales, gravures ou photographies, les œuvres artistiques dues à des artisans ainsi que les graphiques, cartes, plans et compilations d’œuvres artistiques.
(4) Paragraph (b) of the definition “dramatic work” in section 2 of the English version of the Act is replaced by the following: (b) any cinematographic work, and
(5) Section 2 of the Act is amended by adding the following in alphabetical order:
“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; “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;
“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;
“copyright”
«droit d’auteur»
“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”
«pays»
“country” includes in any territory;
“defendant”
Version anglaise seulement
“defendant” includes a respondent to an application;
“educational institution”
«établissement d’enseignement»
“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