| PART I: |
COPYRIGHT AND MORAL RIGHTS IN WORKS |
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3. (1) The portion of subsection 3(1)
of the Act before paragraph (a) is replaced by the following:
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| Copyright in works
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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material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the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
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| 1993, c. 44, s. 55(1)
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(2) Paragraphs 3(1)(d) and (e)
of the Act are replaced by the following:
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(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,
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(e) in the case of any literary, dramatic, musical or artistic work, to reproduce, adapt and publicly present the work
as a cinematographic work,
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(3) Subsection 3(1) of the Act is amended by striking out the word ''and'' at the end of paragraph (g),
by adding the word ''and'' at the end of paragraph (h) and by adding the following after paragraph (h):
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(i) in the case of a musical work, to rent out a sound recording in which the work is embodied,
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| 1988, c. 65, s. 62(2);
1993, c. 23, s. 2, c. 44, s. 55(3)
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(4) Subsections 3(1.2) to (4) of the
Act are repealed.
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| 1993, c. 44, s. 56
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4. Section 4 of
the Act is repealed.
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| 1994, c. 47, s. 57(1)
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5. (1) Paragraphs 5(1)(a) to (c)
of the Act are replaced by the following:
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(a) in the case of any work, whether published or unpublished, including a cinematographic work, the author was, at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;
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(b) in the case of a cinematographic work, whether published or unpublished, the maker, at the date of the making of
the cinematographic work,
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(i) if a corporation, had its headquarters in a treaty country,
or
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(ii) if a natural person, was a citizen or subject of, or a person ordinarily resident in, a treaty country; or
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(c) in the case of a published work, including a cinematographic work,
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(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
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(ii) in relation to subparagraph 2.2(1)(a)(ii) or (iii), the first publication occurred in a treaty country.
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| 1994, c. 47, s. 57(1)
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(2) Subsection 5(1.1) of the Act is replaced by the following:
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| Application of subsections (1.01) and (1.02)
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(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.
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| First publication
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(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.
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| 1993, c. 44, s. 57(2)
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(3) Subsections 5(3) to (6) of the Act are repealed.
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| 1993, c. 44, s. 58
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6. Section 7 of the Act is replaced
by the following:
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| Term of copyright in
posthumous works
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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.
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| Application of subsection (1)
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(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.
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| Transitional provision
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(3) Where
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(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,
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(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
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(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,
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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.
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| Transitional provision
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(4) Where
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(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,
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(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
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(c) the relevant death referred to in subsection (1) occurred more than fifty years before the coming into force of this section,
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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.
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| 1993, c. 44, s. 60(1);
1994, c. 47, s. 69(F)
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7. Section 10
of the Act is replaced by the following:
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| Term of copyright in
photographs
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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.
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| Where author majority
shareholder
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(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.
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| Author of photograph
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(2) The person who
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(a) was the owner of the initial negative or other plate at the time when that negative or other plate was made, or
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(b) was the owner of the initial photograph at the time when that photograph was made, where there was no negative or
other plate,
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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.
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| 1993, c. 44, s. 60(1)
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8. Section 11 of the Act is repealed.
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| 1993, c. 44, s. 60(1)
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9. (1) The
portion of section 11.1 of the Act before paragraph (a) is replaced by the following:
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Cinemato-
graphic works
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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
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| 1993, c. 44, s. 60(1)
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(2) Paragraphs
11.1(a) and (b) of the English version of the Act are replaced by the following:
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(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
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(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.
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10. (1)
Subsection 13(2) of the Act is replaced by the following:
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| Engraving, photograph
or portrait
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(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.
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(2) Subsection 13(4) of the Act is
replaced by the following:
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| Assignments and
licences
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(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.
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| Ownership in case of
partial assignment
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(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.
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| Assignment of right of
action
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(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.
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| Exclusive licence
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(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.
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11. Subsection
14(3) of the Act is repealed.
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| 1994, c. 47, s. 58
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12. Section
14.01 of the Act and the heading before it are repealed.
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13. Section
14.2 of the Act is amended by adding the following after subsection (2):
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| Subsequent succession
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(3) Subsection (2) applies, with such
modifications as the circumstances require, on the death of any person who holds moral rights.
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14. The Act is
amended by adding the following after section 14.2:
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PART II:
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COPYRIGHT IN PERFORMER'S PERFORMANCES, SOUND
RECORDINGS AND COMMUNICATION SIGNALS |
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PERFORMERS' RIGHTS
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| Copyright in performer's performance
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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:
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(i) to communicate it to the public by telecommunication,
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(ii) to perform it in public, where it is communicated to the public by telecommunication otherwise than by communication
signal, and
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(iii) to fix it in any material form,
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(i) to reproduce any fixation that was made without the performer's authorization,
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(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
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(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
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(c) to rent out a sound recording of it,
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and to authorize any such acts.
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| Conditions
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(2) Subsection (1) applies only if the performer's performance
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(a) takes place in Canada or in a Rome Convention country;
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(i) a sound recording whose maker, at the time of the first fixation,
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(A) if a natural person, was a Canadian citizen or permanent resident of Canada within the meaning of the Immigration
Act, or a citizen or permanent resident of a Rome Convention country, or
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(B) if a corporation, had its headquarters in Canada or in a Rome Convention country, or
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(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
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(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.
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| Publication
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(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.
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| Contractual arrangements
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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.
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Cinemato-
graphic works
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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).
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| Right to remuneration
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(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
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(a) the other party to the agreement or, if that party assigns the agreement, the assignee, and
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(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
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(ii) reproduces the cinematographic work, performs it in public or communicates it to the public by telecommunication,
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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.
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| Application of subsection (2)
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(3) Subsection (2) applies only if the
performer's performance is embodied in a prescribed cinematographic work.
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| Exception
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(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 the Immigration Act and whose performer's performances are embodied in works other than the prescribed
cinematographic works referred to in subsection (3).
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RIGHTS OF SOUND RECORDING MAKERS
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| Copyright in sound recordings
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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:
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(a) to publish it for the first time,
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(b) to reproduce it in any material form, and
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and to authorize any such acts.
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| Conditions for copyright
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(2) Subsection (1) applies only if
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(a) the maker of the sound recording was a Canadian citizen or permanent resident of Canada within the meaning of the Immigration
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,
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(i) at the date of the first fixation, or
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(ii) if that first fixation was extended over a considerable period, during any substantial part of that period; or
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(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).
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| Publication
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(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.
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PROVISIONS
APPLICABLE TO BOTH PERFORMERS AND SOUND RECORDING MAKERS
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| Right to remuneration
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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.
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| Royalties
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(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
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(a) in the case of a sound recording of a musical work, to the collective society authorized under Part VII to collect them; or
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(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.
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| Division of royalties
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(3) The royalties, once paid pursuant to
paragraph (2)(a) or (b), shall be divided so that
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(a) the performer or performers receive in aggregate fifty per cent; and
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(b) the maker or makers receive in aggregate fifty per cent.
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| Conditions
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20. (1) The right to remuneration conferred by section 19 applies only if
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(a) the maker was, at the date of the first fixation, a Canadian citizen or permanent resident of Canada within the
meaning of the Immigration 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
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(b) all the fixations done for the sound recording occurred in Canada or in a Rome Convention country.
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| Exception
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(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 of Canada within the meaning of the Immigration 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.
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| Exception
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(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.
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| Application of section 19
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(4) Where a statement is published under
subsection (3), section 19 applies
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(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
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(b) as if the fixations made for the purpose of their sound recordings had been made in Canada.
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