Bill C-32

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	TERM OF RIGHTS
Term of rights	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
	(a) in the case of a performer's perfor mance,
	(i) its first fixation in a sound recording, or
	(ii) its performance, if it is not fixed in a sound recording,
	occurred;
	(b) in the case of a sound recording, the first fixation occurred; or
	(c) in the case of a communication signal, it was broadcast.
Term of right to remuneration	(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).
Application of subsections (1) and (2)	(3) Subsections (1) and (2) apply whether the fixation, performance or broadcast oc curred before or after the coming into force of this Part.
Berne Convention countries, Rome Convention countries, WTO Members	(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 Conven tion 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.
Where term of protection expired	(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.
	OWNERSHIP OF COPYRIGHT
Ownership of copyright	24. The first owner of the copyright
	(a) in a performer's performance, is the performer;
	(b) in a sound recording, is the maker; or
	(c) in a communication signal, is the broadcaster that broadcasts it.
Assignment of rights	25. Subsections 13(4) to (7) apply, with such modifications as the circumstances re quire, in respect of the rights conferred by this Part on performers, makers of sound record ings and broadcasters.
	PERFORMERS' RIGHTS - WTO COUNTRIES
Performer's performance in WTO country	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 perfor mance, a copyright in the performer's perfor mance, consisting of the sole right to do the following in relation to the performer's per formance or any substantial part thereof:
	(a) if it is not fixed, to communicate it to the public by telecommunication and to fix it in a sound recording, and
	(b) if it has been fixed in a sound recording without the performer's authorization, to reproduce the fixation or any substantial part thereof,
	and to authorize any such acts.
Where country joins WTO after Jan. 1, 1996	(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.
Performer's performances before Jan. 1, 1996	(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).
Where country joins WTO after Jan. 1, 1996	(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.
Term of performer's rights	(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.
Assignment of rights	(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.
Limitation	(7) Notwithstanding an assignment of a performer's right conferred by this section, the performer, as well as the assignee, may
	(a) prevent the reproduction of
	(i) any fixation of the performer's perfor mance, or
	(ii) any substantial part of such a fixation,
	where the fixation was made without the performer's consent or the assignee's con sent; and
	(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.
R.S., c. 1 (3rd Supp.), s. 13; c. 10 (4th Supp.), s. 5; 1993, c. 44, s. 64(1), (2)	15. The heading before section 27 and sections 27 and 28 of the Act are replaced by the following:
	PART III
	INFRINGEMENT OF COPYRIGHT AND MORAL RIGHTS AND EXCEPTIONS TO INFRINGEMENT
	INFRINGEMENT OF COPYRIGHT
	General
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.
Secondary infringement	(2) It is an infringement of copyright for any person to
	(a) sell or rent out,
	(b) distribute to such an extent as to affect prejudicially the owner of the copyright,
	(c) by way of trade distribute, expose or offer for sale or rental, or exhibit in public,
	(d) possess for the purpose of doing any thing referred to in paragraphs (a) to (c), or
	(e) import into Canada for the purpose of doing anything referred to in paragraphs (a) to (c),
	a copy of a work, sound recording or fixation of a performer's performance or of a commu nication 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.
Knowledge of importer	(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.
Plates	(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 pur pose of making infringing copies of a work or other subject-matter.
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.
	Parallel Importation of Books
Importation of books	27.1 (1) Subject to subsection (3), it is an infringement of copyright in a book for any person to import the book where
	(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 con sent of the owner of the copyright in the book in Canada; and
	(b) the person knows or should have known that the book would infringe copyright if it was made in Canada by the importer.
Secondary infringement	(2) Subject to subsection (3), 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
	(a) sell or rent out the book;
	(b) by way of trade, distribute, expose or offer for sale or rental, or exhibit in public, the book; or
	(c) possess the book for the purpose of any of the activities referred to in paragraph (a) or (b).
Limitation	(3) Subsections (1) and (2) only apply where there is an exclusive distributor of the book and the acts described in those subsec tions take place in the part of Canada or in respect of the particular sector of the market for which the person is the exclusive distribu tor.
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.
Notice	(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.
Regulations	(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.
1988, c. 65, s. 63	16. Section 28.01 of the Act is renum bered as section 31 and that section and the heading before it are repositioned accord ingly and that heading is replaced by the following:
	Retransmission
1994, c. 47, s. 60	17. The heading before section 28.02 and sections 28.02 and 28.03 of the Act are repealed.
1994, c. 47, s. 61	18. (1) Section 29 of the Act and the heading before it are replaced by the following:
	EXCEPTIONS
	Fair Dealing
Research or private study	29. Fair dealing for the purpose of research or private study does not infringe copyright.
Criticism or review	29.1 Fair dealing for the purpose of criti cism or review does not infringe copyright if the following are mentioned:
	(a) the source; and
	(b) if given in the source, the name of the
	(i) author, in the case of a work,
	(ii) performer, in the case of a perform er's performance,
	(iii) maker, in the case of a sound recording, or
	(iv) broadcaster, in the case of a commu nication signal.
Reporting or news summary	29.2 Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned:
	(a) the source; and
	(b) if given in the source, the name of the
	(i) author, in the case of a work,
	(ii) performer, in the case of a perform er's performance,
	(iii) maker, in the case of a sound recording, or
	(iv) broadcaster, in the case of a commu nication signal.