AMENDMENTS NOT IN FORCE

• — 2012, c. 20, s. 2(1)

  • R.S., c. 10 (4th Supp.), s. 1(3); 1994, c. 47, s. 56(3)

    • 2. (1) The definitions “moral rights” and “treaty country” in section 2 of the Copyright Act are replaced by the following:

      “moral rights”

      « droits moraux »

      “moral rights” means the rights described in subsections 14.1(1) and 17.1(1);

      “treaty country”

      « pays signataire »

      “treaty country” means a Berne Convention country, UCC country, WCT country or WTO Member;

• — 2012, c. 20, s. 5

  • 1994, c. 47, s. 57(1); 1997, c. 24, s. 5(2); 2001, c. 34, s. 34

    5. Subsections 5(1.01) to (1.03) of the Act are replaced by the following:

    • Protection for older works

      (1.01) For the purposes of subsection (1), a country that becomes a Berne Convention country, a WCT country or a WTO Member after the date of the making or publication of a work is deemed to have been a Berne Convention country, a WCT country or a WTO Member, as the case may be, at that date, subject to subsection (1.02) and sections 33 to 33.2.

    • Limitation

      (1.02) Subsection (1.01) does not confer copyright protection in Canada on a work whose term of copyright protection in the country referred to in that subsection had expired before that country became a Berne Convention country, a WCT country or a WTO Member, as the case may be.

    • 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, a WCT country or a WTO Member before or after the coming into force of those subsections.

• — 2012, c. 20, ss. 9(3), (4)

  • • 9. (3) Section 15 of the Act is amended by adding the following before subsection (3):

      • Conditions for copyright

        (2.2) Subsection (1.1) also applies if

        • (a) the performer’s performance takes place in a WPPT country;

        • (b) the performer’s performance is fixed in

          • (i) a sound recording whose maker, at the time of its first fixation,

            • (A) was a citizen or permanent resident of a WPPT country, in the case of a natural person, or

            • (B) had its headquarters in a WPPT country, in the case of a corporation, or

          • (ii) a sound recording whose first publication in a quantity sufficient to satisfy the reasonable demands of the public occurred in a WPPT country; or

        • (c) the performer’s performance is transmitted at the time of its performance by a communication signal broadcast from a WPPT country by a broadcaster that has its headquarters in that country.

    • (4) Section 15 of the Act is amended by adding the following after subsection (3):

      • Publication

        (4) The first publication of a sound recording is deemed to have occurred in a WPPT country, despite an earlier publication elsewhere, if the interval between the publication in that WPPT country and the earlier publication does not exceed 30 days.

• — 2012, c. 20, s. 11(2)

  • 1997, c. 24, s. 14; 2001, c. 27, s. 237

    • 11. (2) Subsection 18(2) of the Act is replaced by the following:

      • Conditions for copyright

        (2) Subsection (1) applies only if

        • (a) at the time of the first fixation or, if that first fixation was extended over a considerable period, during any substantial part of that period, the maker of the sound recording

          • (i) was a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act,

          • (ii) was a citizen or permanent resident of a Berne Convention country, a Rome Convention country, a WPPT country or a country that is a WTO Member, or

          • (iii) had its headquarters in one of those countries, in the case of a corporation; or

        • (b) the first publication of the sound recording in a quantity sufficient to satisfy the reasonable demands of the public occurred in any country referred to in paragraph (a).

• — 2012, c. 20, ss. 11(4), (5)

  • • 11. (4) Section 18 of the Act is amended by adding the following before subsection (3):

      • Conditions for copyright

        (2.2) Subsection (1.1) also applies if

        • (a) at the time of the first fixation or, if that first fixation was extended over a considerable period, during any substantial part of that period, the maker of the sound recording

          • (i) was a citizen or permanent resident of a WPPT country, or

          • (ii) had its headquarters in a WPPT country, in the case of a corporation; or

        • (b) the first publication of the sound recording in a quantity sufficient to satisfy the reasonable demands of the public occurred in a WPPT country.

    • (5) Section 18 of the Act is amended by adding the following after subsection (3):

      • Publication

        (4) The first publication of a sound recording is deemed to have occurred in a WPPT country, despite an earlier publication elsewhere, if the interval between the publication in that WPPT country and the earlier publication does not exceed 30 days.

• — 2012, c. 20, s. 12(2)

  • • 12. (2) Section 19 of the Act is amended by adding the following before subsection (2):

      • Right to remuneration — WPPT country

        (1.2) If a sound recording has been published, the performer and maker are entitled, subject to subsections 20(1.2) and (2.1), to be paid equitable remuneration for its performance in public or its communication to the public by telecommunication, except for a communication in the circumstances referred to in paragraph 15(1.1)(d) or 18(1.1)(a) and any retransmission.

• — 2012, c. 20, s. 14

  • 14. The Act is amended by adding the following before section 20:

    • Deemed publication — WPPT country

      19.2 Despite subsection 2.2(1), a sound recording that has been made available to the public by telecommunication in a way that allows a member of the public to access it from a place and at a time individually chosen by that member of the public, or that has been communicated to the public by telecommunication in that way, is deemed to have been published for the purposes of subsection 19(1.2).

• — 2012, c. 20, s. 15(2)

  • • 15. (2) Section 20 of the Act is amended by adding the following before subsection (2):

      • Conditions — WPPT country

        (1.2) The right to remuneration conferred by subsection 19(1.2) applies only if

        • (a) the maker was, at the date of the first fixation, a citizen or permanent resident of a WPPT country or, if a corporation, had its headquarters in a WPPT country; or

        • (b) all the fixations done for the sound recording occurred in a WPPT country.

• — 2012, c. 20, s. 15(4)

  • • 15. (4) Section 20 of the Act is amended by adding the following after subsection (2):

      • Exception — WPPT country

        (2.1) Despite subsection (1.2), if the Minister is of the opinion that a WPPT country does not grant a right to remuneration, similar in scope and duration to that provided by subsection 19(1.2), for the performance in public or the communication to the public of a sound recording whose maker, at the date of its first fixation, was a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if a corporation, had its headquarters in Canada, the Minister may, by a statement published in the Canada Gazette, limit the scope and duration of the protection for sound recordings whose first fixation is done by a maker who is a citizen or permanent resident of that country or, if a corporation, has its headquarters in that country.

• — 2012, c. 20, s. 16

  • 1997, c. 24, s. 14; 2001, c. 27, s. 239(1)

    • 16. (1) The portion of subsection 22(1) of the Act before paragraph (a) is replaced by the following:

      • Reciprocity

        • 22. (1) If the Minister is of the opinion that a country other than a Rome Convention country or a WPPT country grants or has undertaken to grant

    • 1997, c. 24, s. 14; 2001, c. 27, s. 239(2)

      (2) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:

      • Reciprocity

        (2) If the Minister is of the opinion that a country other than a Rome Convention country or a WPPT country neither grants nor has undertaken to grant

• — Sections 41.25 and 41.26 as enacted by 2012, c. 20, s. 47

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    • Notice of claimed infringement

      • 41.25 (1) An owner of the copyright in a work or other subject-matter may send a notice of claimed infringement to a person who provides

        • (a) the means, in the course of providing services related to the operation of the Internet or another digital network, of telecommunication through which the electronic location that is the subject of the claim of infringement is connected to the Internet or another digital network;

        • (b) for the purpose set out in subsection 31.1(4), the digital memory that is used for the electronic location to which the claim of infringement relates; or

        • (c) an information location tool as defined in subsection 41.27(5).

      • Form and content of notice

        (2) A notice of claimed infringement shall be in writing in the form, if any, prescribed by regulation and shall

        • (a) state the claimant’s name and address and any other particulars prescribed by regulation that enable communication with the claimant;

        • (b) identify the work or other subject-matter to which the claimed infringement relates;

        • (c) state the claimant’s interest or right with respect to the copyright in the work or other subject-matter;

        • (d) specify the location data for the electronic location to which the claimed infringement relates;

        • (e) specify the infringement that is claimed;

        • (f) specify the date and time of the commission of the claimed infringement; and

        • (g) contain any other information that may be prescribed by regulation.

    • Obligations related to notice

      • 41.26 (1) A person described in paragraph 41.25(1)(a) or (b) who receives a notice of claimed infringement that complies with subsection 41.25(2) shall, on being paid any fee that the person has lawfully charged for doing so,

        • (a) as soon as feasible forward the notice electronically to the person to whom the electronic location identified by the location data specified in the notice belongs and inform the claimant of its forwarding or, if applicable, of the reason why it was not possible to forward it; and

        • (b) retain records that will allow the identity of the person to whom the electronic location belongs to be determined, and do so for six months beginning on the day on which the notice of claimed infringement is received or, if the claimant commences proceedings relating to the claimed infringement and so notifies the person before the end of those six months, for one year after the day on which the person receives the notice of claimed infringement.

      • Fees related to notices

        (2) The Minister may, by regulation, fix the maximum fee that a person may charge for performing his or her obligations under subsection (1). If no maximum is fixed by regulation, the person may not charge any amount under that subsection.

      • Damages related to notices

        (3) A claimant’s only remedy against a person who fails to perform his or her obligations under subsection (1) is statutory damages in an amount that the court considers just, but not less than $5,000 and not more than $10,000.

      • Regulations — change of amounts

        (4) The Governor in Council may, by regulation, increase or decrease the minimum or maximum amount of statutory damages set out in subsection (3).

• — Subsection 41.27(3) as enacted by 2012, c. 20, s. 47

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    • Limitation

      (3) If the provider receives a notice of claimed infringement, relating to a work or other subject-matter, that complies with subsection 41.25(2) after the work or other subject-matter has been removed from the electronic location set out in the notice, then subsection (1) applies, with respect to reproductions made from that electronic location, only to infringements that occurred before the day that is 30 days — or the period that may be prescribed by regulation — after the day on which the provider receives the notice.

• — 2012, c. 20, s. 50

  • 1997, c. 24, s. 34(1)

    50. Subsection 58(1) of the Act is replaced by the following:

    • Execution of instruments

      • 58. (1) Any assignment of a copyright, or any licence granting an interest in a copyright, may be executed, subscribed or acknowledged at any place in a treaty country, a Rome Convention country or a WPPT country by the assignor, licensor or secured or hypothecary debtor, before any notary public, commissioner or other official, or the judge of any court, who is authorized by law to administer oaths or certify documents in that place and who also subscribes their signature and affixes to, or impresses on, the assignment or licence their official seal or the seal of the court of which they are a judge.