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Copyright Act
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RELATED PROVISIONS
-- R.S., 1985, c. 10 (4th Supp.), ss. 23 to 27:
Application re moral rights
23.
(1) The rights referred to in section 14.1 of the Copyright Act, as enacted by section 4, subsist in respect of a work even if the work was created before the coming into force of section 4.
(2) A remedy referred to in subsection 34(1.1) of the Copyright Act, as enacted by section 8, may only be obtained where the infringement of the moral rights of the author occurs after the coming into force of section 8.
(3) Notwithstanding subsection (1) and the repeal by section 3 of subsection 14(4) of the Copyright Act, the rights referred to in section 14.1 of that Act, as enacted by section 4, are not enforceable against
(a) a person who, on the coming into force of this section, is the owner of the copyright in, or holds a licence in relation to, a work, or
(b) a person authorized by a person described in paragraph (a) to do an act mentioned in section 3 of that Act,
in respect of any thing done during the period for which the person described in paragraph (a) is the owner or for which the licence is in force, and the rights referred to in subsection 14(4) of that Act continue to be enforceable against a person described in paragraph (a) or (b) during that period as if subsection 14(4) of that Act were not repealed.
-- R.S., 1985, c. 10 (4th Supp.), ss. 23 to 27:
Application re computer programs
24. Subsection 1(2), the definition “computer program” in subsection 1(3) and section 5 apply in respect of a computer program that was made prior to the day on which those provisions come into force but where, by virtue only of subsections 1(2) and (3) and this section, copyright subsists in a computer program that was made prior to May 27, 1987, nothing done in respect of the computer program before May 27, 1987 shall be construed to constitute an infringement of the copyright.
-- R.S., 1985, c. 10 (4th Supp.), ss. 23 to 27:
Making of records, perforated rolls, etc.
25. It shall be deemed not to be an infringement of copyright in any musical, literary or dramatic work for any person to make within Canada during the six months following the coming into force of section 7 records, perforated rolls or other contrivances by means of which sounds may be reproduced and by means of which the work may be mechanically performed, if the person proves
(a) that before the coming into force of section 7, the person made such contrivances in respect of that work in accordance with section 29 or 30 of the Copyright Act and any regulation made under section 33 of that Act, as they read immediately before the coming into force of section 7; and
(b) that the making would, had it occurred before the coming into force of section 7, have been deemed not to have been an infringement of copyright by section 29 or 30 of the Copyright Act, as it read immediately before the coming into force of section 7.
-- R.S., 1985, c. 10 (4th Supp.), ss. 23 to 27:
Infringements before coming into force
26. Subsection 64(1) and section 64.1 of the Copyright Act, as enacted by section 11, apply in respect of any alleged infringement of copyright occurring prior to, on or after the day on which section 11 comes into force.
-- R.S., 1985, c. 10 (4th Supp.), ss. 23 to 27:
27. Notwithstanding any other provision of this Act, the members of the Copyright Appeal Board appointed pursuant to section 68 of the Copyright Act, as it read immediately before the coming into force of section 13, continue in office and may continue to perform their duties and exercise their powers to the extent necessary to consider and deal with any matter before it pursuant to section 69 of that Act before the coming into force of section 14.
-- 1988, c. 65, s. 149:
First certified statements of royalties
149. For greater certainty, the royalties in the first statements certified under paragraph 70.63(1)(d) of the Copyright Act become effective on January 1, 1990 regardless of when the statements are so certified.
-- 1993, c. 23, ss. 6, 7:
Transitional: Statements of royalties
6.
(1) Notwithstanding section 67 of the Copyright Act, a statement filed with the Copyright Board pursuant to subsection 67(2) or (3) of that Act on or before September 1, 1992
(a) may provide, or
(b) may be amended with leave of the Board, if application therefor is made to the Board within twenty-eight days after the coming into force of this Act, to provide
for the payment of royalties, for the period beginning on the coming into force of this Act and ending at the end of 1993, in respect of the communication of dramatico-musical or musical works to the public by telecommunication, and a statement so filed or amended is effective for that period to the extent that the Board certifies it as approved pursuant to subsection 67.2(1) of the Copyright Act.
No duplication of royalties
(2) Where a statement referred to in subsection (1) is certified as approved, the Board shall not certify as approved any other statement filed by the same applicant, to the extent that it provides for royalties in respect of the same act and for the same period as set out in the statement previously certified as approved.
-- 1993, c. 23, ss. 6, 7:
Where this Act does not apply
7. This Act does not apply in respect of statements filed with the Board pursuant to subsection 67(2) or (3) of the Copyright Act on or before September 1, 1991 that relate to any year before 1993.
-- 1993, c. 44, ss. 60(2), (3):
Application of amendments to s. 10
(2) Subject to subsection 75(2) of this Act, section 10 of the Copyright Act, as enacted by subsection (1) of this section, applies to all photographs, whether made before or after the coming into force of this section.
-- 1993, c. 44, ss. 60(2), (3):
Application of amendments to s. 11
(3) Except as provided by section 75 of this Act,
(a) section 11 of the Copyright Act, as enacted by subsection (1) of this section, applies only in respect of contrivances made after the coming into force of this section; and
(b) section 11 of the Copyright Act, as it read immediately before the coming into force of this section, continues to apply in respect of contrivances made before the coming into force of this section.
-- 1993, c. 44, ss. 75 to 77:
Application of certain amendments
75.
(1) Subject to subsection (2), amendments to the Copyright Act made by this Act relating to the term of copyright apply in respect of all works, whether made before or after the coming into force of this section.
(2) Where the term of the copyright in a work expires before the coming into force of this section, nothing in this Act shall be construed as extending or reviving that term.
-- 1993, c. 44, ss. 75 to 77:
76.
(1) Except as provided by subsection (2) of this section, the Copyright Act, as amended by this Act, applies in respect of all cinematographs, whether made before or after the coming into force of this section, subject to subsection 75(2) of this Act.
(2) Section 10 of the Copyright Act, as that section read immediately before the coming into force of this section and in so far as it governs who is the author of a photograph, continues to apply in respect of all cinematographs made before the coming into force of this section that were, before the coming into force of this section, protected as photographs.
-- 1993, c. 44, ss. 75 to 77:
77. Nothing in section 5 of the Copyright Act, as amended by this Act, confers copyright on works made before the coming into force of this section that did not qualify for copyright under section 5 of the Copyright Act as it read immediately before the coming into force of this section.
-- 1997, c. 24, s. 18(2):
(2) Section 30 of the Act, as enacted by subsection (1) of this section, does not apply in respect of collections referred to in section 30 that are published before the coming into force of section 30. Such collections continue to be governed by paragraph 27(2)(d) of the Act as it read before the coming into force of section 15 of this Act.
-- 1997, c. 24, ss. 20(3), (4):
(3) Section 38.1 of the Copyright Act, as enacted by subsection (1) of this section, only applies
(a) to proceedings commenced after the date of the coming into force of that subsection; and
(b) where the infringement to which those proceedings relate occurred after that date.
-- 1997, c. 24, ss. 20(3), (4):
(4) Section 39.1 of the Copyright Act, as enacted by subsection (1) of this section, applies in respect of
(a) proceedings commenced but not concluded before the coming into force of subsection (1) of this section; and
(b) proceedings commenced after the coming into force of subsection (1) of this section.
-- 1997, c. 24, s. 22(2):
(2) Subsection (1) applies in respect of
(a) proceedings commenced but not concluded before this section comes into force; and
(b) proceedings commenced after this section comes into force.
-- 1997, c. 24, ss. 53 to 58.1:
53. The levies in the first tariffs certified under paragraph 83(8)(c) of the Copyright Act, as enacted by section 50 of this Act, become effective at the beginning of the first calendar year following the coming into force of that paragraph, regardless of when the tariffs are so certified, and are effective for a period of two calendar years.
-- 1997, c. 24, ss. 53 to 58.1:
53.1 Notwithstanding subsection 67.1(2) and section 70.13 of the Copyright Act, as enacted by sections 45 and 46 of this Act, the date for the filing of the first proposed tariffs under those sections shall be on or before September 1 of the year of the coming into force of this section.
-- 1997, c. 24, ss. 53 to 58.1:
54. For greater certainty, all notices published under subsection 5(2) of the Copyright Act before the coming into force of this section are deemed to have been validly made and to have had force and effect in accordance with their terms.
-- 1997, c. 24, ss. 53 to 58.1:
54.1 Section 6 of the Copyright Act applies to a photograph in which copyright subsists on the date of the coming into force of this section, if the author is
(a) a natural person who is the author of the photograph referred to in subsection 10(2) of the Copyright Act, as enacted by section 7 of this Act; or
(b) the natural person referred to in subsection 10(1.1) of the Copyright Act, as enacted by section 7 of this Act.
-- 1997, c. 24, ss. 53 to 58.1:
55.
(1) Part II of the Copyright Act, as enacted by section 14 of this Act, shall be construed as a replacement for subsections 5(3) to (6) and section 11 of the Copyright Act as those provisions read immediately before the coming into force of subsection 5(3) and section 8, respectively, of this Act.
(2) The rights conferred by Part II of the Copyright Act, as enacted by section 14 of this Act, shall not be construed as diminishing the rights conferred by subsections 5(3) to (6) and section 11 of the Copyright Act as those provisions read immediately before the coming into force of subsection 5(3) and section 8, respectively, of this Act, in relation to records, perforated rolls and other contrivances by means of which sounds may be mechanically reproduced that were made before the coming into force of subsection 5(3) and section 8, respectively, of this Act.
(3) Where an assignment of copyright or a grant of any interest therein
(a) was made before the coming into force of Part II of the Copyright Act, as enacted by section 14 of this Act, and
(b) was made by the maker of a sound recording who was a natural person,
subsections 14(1) and (2) of the Copyright Act continue to apply in respect of that assignment or grant, with such modifications as the circumstances require, as if the sound recording was the work referred to in those subsections and the maker of the sound recording was its author.
-- 1997, c. 24, ss. 53 to 58.1:
56. Nothing in this Act shall be construed as diminishing the right conferred by section 14.01 of the Copyright Act as that section read immediately before the coming into force of section 12 of this Act.
-- 1997, c. 24, ss. 53 to 58.1:
57. For greater certainty, the amendments to the Copyright Act that eliminate references to “British subject” and “Her Majesty’s Realms and Territories” do not affect any copyright or moral rights that subsisted in Canada immediately before the coming into force of those amendments.
-- 1997, c. 24, ss. 53 to 58.1:
58. Nothing in this Act shall be construed as reviving a copyright that expired before the coming into force of this section.
-- 1997, c. 24, ss. 53 to 58.1:
58.1 No agreement concluded before April 25, 1996 that assigns a right or grants an interest by licence in a right that would be a copyright or a right to remuneration under this Act shall be construed as assigning or granting any rights conferred for the first time by this Act, unless the agreement specifically provides for the assignment or grant.
-- 1997, c. 24, ss. 62, 63:
62.
(1) The following provisions come into force or are deemed to have come into force on June 30, 1996:
(a) the definitions “exclusive distributor”, “educational institution” and “library, archive or museum” in section 2 of the Copyright Act, as enacted by subsection 1(5) of this Act;
(b) section 2.6 of the Copyright Act, as enacted by section 2 of this Act;
(c) section 27.1 of the Copyright Act, as enacted by section 15 of this Act; and
(d) section 45 of the Copyright Act, as enacted by section 28 of this Act.
(2) Notwithstanding subsection (1), the definition “exclusive distributor” referred to in paragraph (1)(a) shall be read as follows during the period beginning on June 30, 1996 and ending on the day that is sixty days after the day on which this Act is assented to:
"exclusive distributor"
«distributeur exclusif »
"exclusive distributor" means, in relation to a book, a person who has, before or after the coming into force of this definition, been appointed in writing, by the owner or exclusive licensee of the copyright in the book in Canada, as
(a) the only distributor of the book in Canada or any part of Canada, or
(b) the only distributor of the book in Canada or any part of Canada in respect of a particular sector of the market.
(3) Notwithstanding paragraph (1)(d), paragraph 45(1)(e) of the Copyright Act, as enacted by section 28 of this Act, shall be read as follows for the period beginning on June 30, 1996 and ending on the day that is sixty days after the day on which this Act is assented to:
(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.
-- 2004, c. 11, s. 21(4):
21.
(4) Subsection (1) applies in respect of unpublished works deposited in an archive on or before September 1, 1999 or at any time after that date.
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