COMING INTO FORCE

Coming into force

61. Except as provided by section 62, this Act or any provision of this Act, or any provision of the Copyright Act as enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.

Coming into force

62. (1) The following provisions come into force or are deemed to have come into force on June 30, 1996:

    (a) the definitions ``exclusive distributor'', ``educational institution'' and ``library, archive or museum'' in section 2 of the Copyright Act, as enacted by subsection 1(5) of this Act;

    (b) section 2.6 of the Copyright Act, as enacted by section 2 of this Act;

    (c) section 27.1 of the Copyright Act, as enacted by section 15 of this Act; and

    (d) section 45 of the Copyright Act, as enacted by section 28 of this Act.

(2) Notwithstanding subsection (1), the definition ``exclusive distributor'' referred to in paragraph (1)(a) shall be read as follows during the period beginning on June 30, 1996 and ending on the day that is sixty days after the day on which this Act is assented to:

``exclusive distributor''
« distribu-
teur exclusif »

``exclusive distributor'' means, in relation to a book, a person who 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

      (a) the only distributor of the book in Canada or any part of Canada, or

      (b) the only distributor of the book in Canada or any part of Canada in respect of a particular sector of the market.

(3) Notwithstanding paragraph (1)(d), paragraph 45(1)(e) of the Copyright Act, as enacted by section 28 of this Act, shall be read as follows for the period beginning on June 30, 1996 and ending on the day that is sixty days after the day on which this Act is assented to:

    (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.

63. (1) No exclusive distributor, within the meaning assigned to that expression by subsection 62(2) of this Act, copyright owner or exclusive licensee is entitled to a remedy referred to in the Copyright Act in relation to an infringement referred to in subsection 27.1(1) or (2) of that Act, as enacted by section 15 of this Act, during the period beginning on June 30, 1996 and ending on the day on which this Act is assented to, unless

    (a) before the infringement occurred, notice in writing has been given to the person referred to in subsection 27.1(1) or (2) of that Act, as enacted by section 15 of this Act, as the case may be, that

      (i) there is an exclusive distributor of the book in Canada, and

      (ii) section 27.1 of that Act came into force or was deemed to have come into force on June 30, 1996; and

    (b) in the case of an infringement referred to in section 27.1 of that Act, as enacted by section 15 of this Act, the remedy is only in relation to a book that was imported during that period and forms part of the inventory of the person referred to in section 27.1 of that Act on the day on which this Act is assented to.

(2) No exclusive distributor, copyright owner or exclusive licensee is entitled to a remedy referred to in subsection (1) against an educational institution, library, archive or museum.

(3) For greater certainty, the expiration of the period referred to in subsection 62(2) of this Act does not affect the right of an exclusive distributor to continue, after the expiration of that period, legal proceedings validly commenced during that period.