BILL C-32 - Royal Assent

	IMPORTATION
1993, c. 44, s. 66	27. (1) The portion of subsection 44.1(1) of the Act before the definition ``court'' is replaced by the following:
Definitions	44.1 (1) In this section and sections 44.2 and 44.3,
1993, c. 44, s. 66	(2) Subsection 44.1(2) of the Act is replaced by the following:
Power of court	(2) A court may make an order described in subsection (3) where the court is satisfied that
	(a) copies of the work are about to be imported into Canada, or have been imported into Canada but have not yet been released;
	(b) either
	(i) copies of the work were made without the consent of the person who then owned the copyright in the country where the copies were made, or
	(ii) the copies were made elsewhere than in a country to which this Act extends; and
	(c) the copies would infringe copyright if they were made in Canada by the importer and the importer knows or should have known this.
Who may apply	(2.1) A court may make an order described in subsection (3) on application by the owner or exclusive licensee of copyright in a work in Canada.
1993, c. 44, s. .66	(3) Subsection 44.1(4) of the English version of the Act is replaced by the following:
How application made	(4) An application for an order made under subsection (2) may be made in an action or otherwise, and either on notice or ex parte, except that it must always be made on notice to the Minister.
1993, c. 44, s. 66	(4) Subsections 44.1(8) and (9) of the Act are replaced by the following:
Where applicant fails to commence an action	(8) Unless an order made under subsection (2) provides otherwise, the Minister shall, subject to the Customs Act and to any other Act of Parliament that prohibits, controls or regulates the importation or exportation of goods, release the copies of the work without further notice to the applicant if, two weeks after the applicant has been notified under subparagraph (3)(a)(ii), the applicant has not notified the Minister that the applicant has commenced a proceeding for a final determination by the court of the issues referred to in paragraphs (2)(b) and (c).
Where court finds in plaintiff's favour	(9) Where, in a proceeding commenced under this section, the court finds that the circumstances referred to in paragraphs (2)(b) and (c) existed, the court may make any order that it considers appropriate in the circumstances, including an order that the copies of the work be destroyed, or that they be delivered up to the plaintiff as the plaintiff's property absolutely.
R.S., c. 41 (3rd Supp.), s. 117; 1994, c. 47, ss. 66, 67	28. Sections 44.2 and 45 of the Act are replaced by the following:
Importation of books	44.2 (1) A court may, subject to this section, make an order described in subsection 44.1(3) in relation to a book where the court is satisfied that
	(a) copies of the book are about to be imported into Canada, or have been imported into Canada but have not yet been released;
	(b) 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 in Canada of the copyright in the book; and
	(c) the copies would infringe copyright if they were made in Canada by the importer and the importer knows or should have known this.
Who may apply	(2) A court may make an order described in subsection 44.1(3) in relation to a book on application by
	(a) the owner of the copyright in the book in Canada;
	(b) the exclusive licensee of the copyright in the book in Canada; or
	(c) the exclusive distributor of the book.
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.
Application of certain provisions	(4) Subsections 44.1(3) to (10) apply, with such modifications as the circumstances require, in respect of an order made under subsection (1).
Limitation	44.3 No exclusive licensee of the copyright in a book in Canada, and no exclusive distributor of a book, may obtain an order under section 44.2 against another exclusive licensee of the copyright in that book in Canada or against another exclusive distributor of that book.
Importation of other subject- matter	44.4 Section 44.1 applies, with such modifications as the circumstances require, in respect of a sound recording, performer's performance or communication signal, where a fixation or a reproduction of a fixation of it
	(a) is about to be imported into Canada, or has been imported into Canada but has not yet been released;
	(b) either
	(i) was made without the consent of the person who then owned the copyright in the sound recording, performer's performance or communication signal, as the case may be, in the country where the fixation or reproduction was made, or
	(ii) was made elsewhere than in a country to which Part II extends; and
	(c) would infringe the right of the owner of copyright in the sound recording, performer's performance or communication signal if it was made in Canada by the importer and the importer knows or should have known this.
Exceptions	45. (1) Notwithstanding anything in this Act, it is lawful for a person
	(a) to import for their own use not more than two copies of a work or other subject-matter made with the consent of the owner of the copyright in the country where it was made;
	(b) to import for use by a department of the Government of Canada or a province copies of a work or other subject-matter made with the consent of the owner of the copyright in the country where it was made;
	(c) at any time before copies of a work or other subject-matter are made in Canada, to import any copies, except copies of a book, made with the consent of the owner of the copyright in the country where the copies were made, that are required for the use of a library, archive, museum or educational institution;
	(d) to import, for the use of a library, archive, museum or educational institution, not more than one copy of a book that is made with the consent of the owner of the copyright in the country where the book was made; and
	(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, except textbooks of a scientific, technical or scholarly nature for use within an educational institution in a course of instruction.
Satisfactory evidence	(2) An officer of customs may, in the officer's discretion, require a person seeking to import a copy of a work or other subject-matter under this section to produce satisfactory evidence of the facts necessary to establish the person's right to import the copy.
	29. The heading before section 46 of the Act is replaced by the following:
	PART V
	ADMINISTRATION
	COPYRIGHT OFFICE
	30. Subsection 53(2) of the Act is replaced by the following:
Owner of copyright	(2) A certificate of registration of copyright is evidence that the copyright subsists and that the person registered is the owner of the copyright.
Assignee	(2.1) A certificate of registration of an assignment of copyright is evidence that the right recorded on the certificate has been assigned and that the assignee registered is the owner of that right.
Licensee	(2.2) A certificate of registration of a licence granting an interest in a copyright is evidence that the interest recorded on the certificate has been granted and that the licensee registered is the holder of that interest.
1992, c. 1, s. 50(1)	31. (1) Subsections 54(1) and (2) of the Act are replaced by the following:
Register of Copyrights	54. (1) The Minister shall cause to be kept at the Copyright Office a register to be called the Register of Copyrights in which may be entered
	(a) the names or titles of works and of other subject-matter in which copyright subsists;
	(b) the names and addresses of authors, performers, makers of sound recordings, broadcasters, owners of copyright, assignees of copyright, and persons to whom an interest in copyright has been granted by licence; and
	(c) such other particulars as may be prescribed by regulation.
1992, c. 1, s. 50(2)	(2) Subsections 54(4) and (5) of the Act are replaced by the following:
Indices	(4) There shall also be kept at the Copyright Office such indices of the Register established under this section as may be prescribed by regulation.
Inspection and extracts	(5) The Register and indices established under this section shall at all reasonable times be open to inspection, and any person is entitled to make copies of or take extracts from the Register.
1993, c. 15, s. 6	32. Sections 55 and 56 of the Act are replaced by the following:
Copyright in works	55. (1) Application for the registration of a copyright in a work may be made by or on behalf of the author of the work, the owner of the copyright in the work, an assignee of the copyright, or a person to whom an interest in the copyright has been granted by licence.
Application for registration	(2) An application under subsection (1) must be filed with the Copyright Office, be accompanied by the fee prescribed by or determined under the regulations, and contain the following information:
	(a) the name and address of the owner of the copyright in the work;
	(b) a declaration that the applicant is the author of the work, the owner of the copyright in the work, an assignee of the copyright, or a person to whom an interest in the copyright has been granted by licence;
	(c) the category of the work;
	(d) the title of the work;
	(e) the name of the author and, if the author is dead, the date of the author's death, if known;
	(f) in the case of a published work, the date and place of the first publication; and
	(g) any additional information prescribed by regulation.
Copyright in subject- matter other than works	56. (1) Application for the registration of a copyright in subject-matter other than a work may be made by or on behalf of the owner of the copyright in the subject-matter, an assignee of the copyright, or a person to whom an interest in the copyright has been granted by licence.
Application for registration	(2) An application under subsection (1) must be filed with the Copyright Office, be accompanied by the fee prescribed by or determined under the regulations, and contain the following information:
	(a) the name and address of the owner of the copyright in the subject-matter;
	(b) a declaration that the applicant is the owner of the copyright in the subject-matter, an assignee of the copyright, or a person to whom an interest in the copyright has been granted by licence;
	(c) whether the subject-matter is a performer's performance, a sound recording or a communication signal;
	(d) the title, if any, of the subject-matter;
	(e) the date of
	(i) in the case of a performer's performance, its first fixation in a sound recording or, if it is not fixed in a sound recording, its first performance,
	(ii) in the case of a sound recording, the first fixation, or
	(iii) in the case of a communication signal, its broadcast; and
	(f) any additional information prescribed by regulation.
Recovery of damages	56.1 Where a person purports to have the authority to apply for the registration of a copyright under section 55 or 56 on behalf of another person, any damage caused by a fraudulent or erroneous assumption of such authority is recoverable in any court of competent jurisdiction.
1993, c. 15, s. 7(1)	33. (1) Subsection 57(1) of the Act is replaced by the following:
Registration of assignment or licence	57. (1) The Registrar of Copyrights shall register an assignment of copyright, or a licence granting an interest in a copyright, on being furnished with
	(a) the original instrument or a certified copy of it, or other evidence satisfactory to the Registrar of the assignment or licence; and
	(b) the fee prescribed by or determined under the regulations.
	(2) Subsection 57(3) of the Act is replaced by the following:
When assignment or licence is void	(3) Any assignment of copyright, or any licence granting an interest in a copyright, shall be adjudged void against any subsequent assignee or licensee for valuable consideration without actual notice, unless the prior assignment or licence is registered in the manner prescribed by this Act before the registering of the instrument under which the subsequent assignee or licensee claims.
	34. (1) Subsections 58(1) and (2) of the Act are replaced by the following:
Execution of instruments	58. (1) Any assignment of copyright, or any licence granting an interest in a copyright, may be executed, subscribed or acknowledged at any place in a treaty country or a Rome Convention country by the assignor, licensor or mortgagor, before any notary public, commissioner or other official or the judge of any court, who is authorized by law to administer oaths or perform notarial acts in that place, and who also subscribes their signature and affixes thereto or impresses thereon their official seal or the seal of the court of which they are such judge.
Execution of instruments	(2) Any assignment of copyright, or any licence granting an interest in a copyright, may be executed, subscribed or acknowledged by the assignor, licensor or mortgagor, in any other foreign country before any notary public, commissioner or other official or the judge of any court of the foreign country, who is authorized to administer oaths or perform notarial acts in that foreign country and whose authority shall be proved by the certificate of a diplomatic or consular officer of Canada performing their functions in that foreign country.
	(2) Subsection 58(4) of the Act is replaced by the following:
Other testimony	(4) The provisions of subsections (1) and (2) shall be deemed to be permissive only, and the execution of any assignment of copyright, or any licence granting an interest in a copyright, may in any case be proved in accordance with the applicable rules of evidence.

IMPORTATION

PART V

ADMINISTRATION

COPYRIGHT OFFICE