Bill C-32

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Communica- tion to the public by telecommu- nication	2.4 (1) For the purposes of communication to the public by telecommunication,
	(a) persons who occupy apartments, hotel rooms or dwelling units situated in the same building are part of the public, and a communication intended to be received exclusively by such persons is a commu nication to the public;
	(b) a person whose only act in respect of the communication of a work or other subject- matter to the public consists of providing the means of telecommunication necessary for another person to so communicate the work or other subject-matter does not communicate that work or other subject- matter to the public; and
	(c) where a person, as part of
	(i) a network, within the meaning of the Broadcasting Act, whose operations re sult in the communication of works or other subject-matter to the public, or
	(ii) any programming undertaking whose operations result in the communication of works or other subject-matter to the public,
	transmits by telecommunication a work or other subject-matter that is communicated to the public by another person who is not a retransmitter of a signal within the meaning of subsection 31(1), the transmis sion and communication of that work or other subject-matter by those persons constitute a single communication to the public for which those persons are jointly and severally liable.
Regulations	(2) The Governor in Council may make regulations defining ``programming under taking'' for the purpose of paragraph (1)(c).
Exception	(3) A work is not communicated in the manner described in paragraph (1)(c) or 3(1)(f) where a signal carrying the work is retransmitted to a person who is a retransmit ter to whom section 31 applies.
What constitutes rental	2.5 (1) For the purposes of paragraphs 3(1)(h) and (i), 15(1)(c) and 18(1)(c), an arrangement, whatever its form, constitutes a rental of a computer program or sound recording if, and only if,
	(a) it is in substance a rental, having regard to all the circumstances; and
	(b) it is entered into with motive of gain in relation to the overall operations of the person who rents out the computer program or sound recording, as the case may be.
Motive of gain	(2) For the purpose of paragraph (1)(b), a person who rents out a computer program or sound recording with the intention of recover ing no more than the costs, including over head, associated with the rental operations does not by that act alone have a motive of gain in relation to the rental operations.
Exclusive distributor	2.6 The Governor in Council may make regulations establishing distribution criteria for the purpose of paragraph (b) of the definition ``exclusive distributor'' in section 2.
Exclusive licence	2.7 For the purposes of this Act, an exclusive licence is an authorization to do any act that is subject to copyright to the exclusion of all others including the copyright owner, whether the authorization is granted by the owner or an exclusive licensee claiming under the owner .
	PART I
	COPYRIGHT AND MORAL RIGHTS IN WORKS
	3. (1) The portion of subsection 3(1) of the Act before paragraph (a) is replaced by the following:
Copyright in works	3. (1) For the purposes of this Act, ``copy right'', 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 substan tial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, and includes the sole right
1993, c. 44, s. 55(1)	(2) Paragraphs 3(1)(d) and (e) of the Act are replaced by the following:
	(d) in the case of a literary, dramatic or musical work, to make any sound record ing, cinematograph film or other contriv ance by means of which the work may be mechanically reproduced or performed,
	(e) in the case of any literary, dramatic, musical or artistic work, to reproduce, adapt and publicly present the work as a cinemat ographic work ,
	(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):
	(i) in the case of a musical work, to rent out a sound recording in which the work is embodied,
1988, c. 65, s. 62(2); 1993, c. 23, s. 2, c. 44, s. 55(3)	(4) Subsections 3(1.2) to (4) of the Act are repealed.
1993, c. 44, s. 56	4. Section 4 of the Act is repealed.
1994, c. 47, s. 57(1)	5. (1) Paragraphs 5(1)(a) to (c) of the Act are replaced by the following:
	(a) in the case of any work, whether published or unpublished, including a cine matographic 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;
	(b) in the case of a cinematographic work, whether published or unpublished, the mak er, at the date of the making of the cinematographic work,
	(i) if a corporation, had its headquarters in a treaty country, or
	(ii) if a natural person, was a citizen or subject of, or a person ordinarily resident in, a treaty country; or
	(c) in the case of a published work, including a cinematographic work,
	(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
	(ii) in relation to subparagraph 2.2(1)(a)(ii) or (iii), the first publication occurred in a treaty country.
1994, c. 47, s. 57(1)	(2) Subsection 5(1.1) of the Act is re placed by the following:
Application of subsections (1.01) and (1.02)	(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.
First publication	(1.1) The first publication described in subparagraph (1)(c)(i) or (ii) is deemed to have occurred in a treaty country notwith standing that it in fact occurred previously elsewhere, if the interval between those two publications did not exceed thirty days.
1993, c. 44, s. 57(2)	(3) Subsections 5(3) to (6) of the Act are repealed.
1993, c. 44, s. 58	6. Section 7 of the Act is replaced by the following:
Term of copyright in posthumous works	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 immediate ly before the date of the death of the author who dies last, but which has not been pub lished or, in the case of a lecture or a dramatic or musical work, been performed in public or communicated to the public by telecommu nication, before that date, copyright shall subsist until publication, or performance in public or communication to the public by telecommunication, whichever may first hap pen, for the remainder of the calendar year of the publication or of the performance in public or communication to the public by telecom munication, as the case may be, and for a period of fifty years following the end of that calendar year.
Application of subsection (1)	(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.
Transitional provision	(3) Where
	(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,
	(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
	(c) the relevant death referred to in subsec tion (1) occurred during the period of fifty years immediately before the coming into force of this section,
	copyright shall subsist in the work for the re mainder of the calendar year in which this sec tion 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 per formed in public or communicated to the pub lic by telecommunication after the coming into force of this section.
Transitional provision	(4) Where
	(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,
	(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
	(c) the relevant death referred to in subsec tion (1) occurred more than fifty years before the coming into force of this section,
	copyright shall subsist in the work for the re mainder of the calendar year in which this sec tion 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 per formed in public or communicated to the pub lic by telecommunication after the coming into force of this section.
1993, c. 44, s. 60(1)	7. Section 10 of the Act is replaced by the following:
Term of copyright in photographs	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.
Where author majority shareholder	(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 copy right is the term set out in section 6.
Author of photograph	(2) The person who
	(a) was the owner of the initial negative or other plate at the time when that negative or other plate was made, or
	(b) was the owner of the initial photograph at the time when that photograph was made, where there was no negative or other plate,
	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.
1993, c. 44, s. 60(1)	8. Section 11 of the Act is repealed.
1993, c. 44, s. 60(1)	9. (1) The portion of section 11.1 of the Act before paragraph (a) is replaced by the following:
Cinemato- graphic works	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
1993, c. 44, s. 60(1)	(2) Paragraphs 11.1(a) and (b) of the English version of the Act are replaced by the following:
	(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
	(b) if the cinematographic work or compila tion 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.
	10. (1) Subsection 13(2) of the Act is replaced by the following:
Engraving, photograph or portrait	(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.
	(2) Subsection 13(4) of the Act is replaced by the following:
Assignments and licences	(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.
Ownership in case of partial assignment	(5) Where, under any partial assignment of copyright, the assignee becomes entitled to any right comprised in copyright, the assign ee, 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.
Assignment of right of action	(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.
Exclusive licence	(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.
	11. Subsection 14(3) of the Act is re pealed.
1994, c. 47, s. 58	12. Section 14.01 of the Act and the heading before it are repealed.
	13. Section 14.2 of the Act is amended by adding the following after subsection (2):
Subsequent succession	(3) Subsection (2) applies, with such modi fications as the circumstances require, on the death of any person who holds moral rights.
	14. The Act is amended by adding the following after section 14.2:

Bill C-32

PART I

COPYRIGHT AND MORAL RIGHTS IN WORKS