Bill C-32

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	2nd Session, 35th Parliament, 45 Elizabeth II, 1996-97
	The House of Commons of Canada
	BILL C-32
	An Act to amend the Copyright Act
R.S., c. C-42; R.S., c. 10 (1st Supp.), cc. 1, 41 (3rd Supp.), c. 10 (4th Supp.); 1988, c. 65; 1990, c. 37; 1992, c. 1; 1993, cc. 15, 23, 44; 1994, c. 47; 1995, c. 1	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. (1) The definitions ``delivery'', ``Her Majesty's Realms and Territories'' and ``work of sculpture'' in section 2 of the Copyright Act* are repealed.**
1993, c. 44, s. 53(2), (3); 1994, c. 47, s. 56(1), (3)	(2) The definitions ``book'', ``cinemato graph'', ``infringing'', ``maker'', ``perfor mance'', ``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;
``cinemato- graphic work'' « oeuvre cinémato- graphique »	``cinematographic work'' includes any work expressed by any process analogous to cine matography, whether or not accompanied by a soundtrack ;
``infringing'' « contre- façon »	``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 perfor mance 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 con travention 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 other wise include a copy made without the consent of the owner of the copyright in the country where the copy was made Act;
``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 neces sary for the first fixation of the sounds are undertaken;
``performance '' « représenta- tion » ou « exécution »	``performance'' means any acoustic or visual representation of a work, performer's per formance, sound recording or communica tion signal, including a representation made by means of any mechanical instrument, ra dio 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 un der 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 nega tive 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, perform er's performances or communication signals;
1993, c. 44, s. 53(2); 1994, c. 47, s. 56(4)	(3) The definitions ``artiste interprète'' and ``oeuvre 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.
« oeuvre artistique » ``artistic work''	« oeuvre artistique » Sont compris parmi les oeuvres artistiques les peintures, dessins, sculptures, oeuvres architecturales, gra vures ou photographies, les oeuvres artisti ques dues à des artisans ainsi que les graphi ques, cartes, plans et compilations d'oeuvres artistiques.
1993, c. 44, s. 53(2)	(4) Paragraph (b) of the definition ``dra matic 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' ' « radiodiffu- seur »	``broadcaster'' means a body that, in the course of operating a broadcasting under taking, broadcasts a communication signal in accordance with the law of the country in which the broadcasting undertaking is car ried on, but excludes a body whose primary activity in relation to communication sig nals is their retransmission;
``collective society'' « société de gestion »	``collective society'' means a society, associa tion or corporation that carries on the busi ness of collective administration of copy right or of the remuneration right conferred by section 19 or 81 for the benefit of those who, by assignment, grant of licence, ap pointment 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, applica ble in relation to a repertoire of works, performer's performances, sound record ings or communication signals of more than one author, performer, sound record ing maker or broadcaster, pursuant to which the society, association or corpora tion 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 pay able pursuant to this Act;
``commerciall y 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 reason able time and for a reasonable price and may be located with reasonable effort .
``communica- tion signal'' « signal de communica- tion »	``communication signal'' means radio waves transmitted through space without any arti ficial 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 commu nication signal;
``country'' « pays »	``country'' includes any territory;
``defendant'' Version anglaise seulement	``defendant'' includes a respondent to an ap plication;
``educational institution'' « établisse- ment d'enseigne- ment »	``educational institution'' means
	(a) a non-profit institution licensed or recognized by or under an Act of Parlia ment or the legislature of a province to provide pre-school, elementary, second ary 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 pro vides continuing, professional or voca tional education or training,
	c) a department or agency of any order of government, or any non-profit body, that controls or supervises education or train ing referred to in paragraph (a) or (b), or
	(d) any other non-profit institution pre scribed by regulation;
``exclusive distributor'' « distribu- teur exclusif »	``exclusive distributor'' means, in relation to a book, a person who
	(a) has, before or after the coming into force of this definition, been appointed in writing, by the owner or exclusive licens ee of the copyright in the book in Canada, as
	(i) the only distributor of the book in Canada or any part of Canada, or
	(ii) the only distributor of the book in Canada or any part of Canada in respect of a particular sector of the market, and
	(b) meets the criteria established by regulations made under section 2.6,
	and, for greater certainty, if there are no regulations made under section 2.6, then no person qualifies under this definition as an ``exclusive distributor'';
``library, archive or museum'' « bibliothè- que, musée ou service d'archive »	``library, archive or museum'' means
	(a) an institution, whether or not incorpo rated, that is not established or conducted for profit or that does not form a part of, or is not administered or directly or indirectly controlled by, a body that is established or conducted for profit, in which is held and maintained a collection of documents and other materials that is open to the public or to researchers, or
	(b) any other non-profit institution pre scribed by regulation;
``perceptual disability'' « déficience perceptuel- le »	``perceptual disability'' means a disability that prevents or inhibits a person from read ing or hearing a literary, musical, dramatic or artistic work in its original format, and includes such a disability resulting from
	(a) severe or total impairment of sight or hearing or the inability to focus or move one's eyes,
	(b) the inability to hold or manipulate a book, or
	(c) an impairment relating to comprehen sion;
``plaintiff'' Version anglaise seulement	``plaintiff'' includes an applicant;
``premises'' « locaux »	``premises'' means, in relation to an educa tional institution, a place where education or training referred to in the definition ``educational institution'' is provided, con trolled or supervised by the educational institution;
``Rome Convention country'' « pays partie à la Convention de Rome »	``Rome Convention country'' means a country that is a party to the International Conven tion for the Protection of Performers, Pro ducers of Phonograms and Broadcasting Organisations, done at Rome on October 26, 1961;
``sculpture'' « sculpture »	``sculpture'' includes a cast or model;
``sound recording'' « enregistre- ment sonore »	``sound recording'' means a recording, fixed in any material form, consisting of sounds, whether or not of a performance of a work, but excludes any soundtrack of a cinemato graphic work where it accompanies the cin ematographic work;
	2. The Act is amended by adding the following after section 2.1:
Definition of ``maker''	2.11 For greater certainty, the arrangements referred to in paragraph (b) of the definition of ``maker'', as that term is used in section 19, and in the definition of ``eligible maker'' in section 79, include arrangements for entering into contracts with performers, financial ar rangements and technical arrangements re quired for the first fixation of the sounds for a sound recording.
Definition of ``publication''	2.2 (1) For the purposes of this Act, ``publication'' means
	(a) in relation to works,
	(i) making copies of a work available to the public,
	(ii) the construction of an architectural work, and
	(iii) the incorporation of an artistic work into an architectural work, and
	(b) in relation to sound recordings, making copies of a sound recording available to the public,
	but does not include
	(c) the performance in public, or the communication to the public by telecom munication, of a literary, dramatic, musical or artistic work or a sound recording, or
	(d) the exhibition in public of an artistic work.
Issue of photographs and engravings	(2) For the purpose of subsection (1), the issue of photographs and engravings of sculp tures and architectural works is not deemed to be publication of those works.
Where no consent of copyright owner	(3) For the purposes of this Act, other than in respect of infringement of copyright, a work or other subject-matter is not deemed to be published or performed in public or communi cated to the public by telecommunication if that act is done without the consent of the owner of the copyright.
Unpublished works	(4) Where, in the case of an unpublished work, the making of the work is extended over a considerable period, the conditions of this Act conferring copyright are deemed to have been complied with if the author was, during any substantial part of that period, a subject or citizen of, or a person ordinarily resident in, a country to which this Act extends.
Telecommu- nication	2.3 A person who communicates a work or other subject-matter to the public by telecom munication does not by that act alone perform it in public, nor by that act alone is deemed to authorize its performance in public.

Bill C-32

BILL C-32