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| Term of rights
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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
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(a) in the case of a performer's
performance,
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(i) its first fixation in a sound recording,
or
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(ii) its performance, if it is not fixed in a
sound recording,
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(b) in the case of a sound recording, the first
fixation occurred; or
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(c) in the case of a communication signal, it
was broadcast.
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| Term of right
to
remuneration
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(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).
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| Application of
subsections
(1) and (2)
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(3) Subsections (1) and (2) apply whether
the fixation, performance or broadcast
occurred before or after the coming into force
of this Part.
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| Berne
Convention
countries,
Rome
Convention
countries,
WTO
Members
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(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.
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| Where term of
protection
expired
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(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.
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| Ownership of
copyright
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24. The first owner of the copyright
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(a) in a performer's performance, is the
performer;
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(b) in a sound recording, is the maker; or
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(c) in a communication signal, is the
broadcaster that broadcasts it.
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| Assignment of
rights
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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.
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| Performer's
performance
in WTO
country
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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:
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(a) if it is not fixed, to communicate it to the
public by telecommunication and to fix it in
a sound recording, and
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(b) if it has been fixed in a sound recording
without the performer's authorization, to
reproduce the fixation or any substantial
part thereof,
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and to authorize any such acts.
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| Where
country joins
WTO after
Jan. 1, 1996
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(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.
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| Performer's
performances
before Jan. 1,
1996
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(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).
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| Where
country joins
WTO after
Jan. 1, 1996
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(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.
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| Term of
performer's
rights
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(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.
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| Assignment of
rights
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(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.
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| Limitation
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(7) Notwithstanding an assignment of a
performer's right conferred by this section,
the performer, as well as the assignee, may
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(a) prevent the reproduction of
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(i) any fixation of the performer's
performance, or
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(ii) any substantial part of such a fixation,
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where the fixation was made without the
performer's consent or the assignee's
consent; and
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(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.
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| R.S., c. 1 (3rd
Supp.), s. 13;
c. 10 (4th
Supp.), s. 5;
1993, c. 44,
s. 64(1), (2)
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15. The heading before section 27 and
sections 27 and 28 of the Act are replaced by
the following:
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| 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.
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| Secondary
infringement
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(2) It is an infringement of copyright for any
person to
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(b) distribute to such an extent as to affect
prejudicially the owner of the copyright,
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(c) by way of trade distribute, expose or
offer for sale or rental, or exhibit in public,
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(d) possess for the purpose of doing
anything referred to in paragraphs (a) to (c),
or
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(e) import into Canada for the purpose of
doing anything referred to in paragraphs (a)
to (c),
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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.
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| Knowledge of
importer
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(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.
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| Plates
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(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.
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| 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.
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| Importation of
books
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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
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(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
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(b) the person knows or should have known
that the book would infringe copyright if it
was made in Canada by the importer.
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| 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
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(a) sell or rent out the book;
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(b) by way of trade, distribute, expose or
offer for sale or rental, or exhibit in public,
the book; or
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(c) possess the book for the purpose of any
of the activities referred to in paragraph (a)
or (b).
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| 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.
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| 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.
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| Notice
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(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.
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| Regulations
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(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.
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| 1988, c. 65,
s. 63
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16. Section 28.01 of the Act is
renumbered as section 31 and that section
and the heading before it are repositioned
accordingly and that heading is replaced by
the following:
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| 1994, c. 47,
s. 60
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17. The heading before section 28.02 and
sections 28.02 and 28.03 of the Act are
repealed.
|
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| 1994, c. 47,
s. 61
|
18. (1) Section 29 of the Act and the
heading before it are replaced by the
following:
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| Research or
private study
|
29. Fair dealing for the purpose of research
or private study does not infringe copyright.
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| Criticism or
review
|
29.1 Fair dealing for the purpose of
criticism or review does not infringe copyright
if the following are mentioned:
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(b) if given in the source, the name of the
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(i) author, in the case of a work,
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(ii) performer, in the case of a
performer's performance,
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(iii) maker, in the case of a sound
recording, or
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(iv) broadcaster, in the case of a
communication signal.
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| News
reporting
|
29.2 Fair dealing for the purpose of news
reporting does not infringe copyright if the
following are mentioned:
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(b) if given in the source, the name of the
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(i) author, in the case of a work,
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(ii) performer, in the case of a
performer's performance,
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(iii) maker, in the case of a sound
recording, or
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(iv) broadcaster, in the case of a
communication signal.
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