Copyright Act (R.S.C., 1985, c. C-42)

Interpretation

Marginal note:No right to equitable remuneration

32.3 For the purposes of sections 29 to 32.2, an act that does not infringe copyright does not give rise to a right to remuneration conferred by section 19.

Compensation for Acts Done Before Recognition of Copyright of Performers and Broadcasters

Marginal note:Certain rights and interests protected

• 32.4 (1) Notwithstanding section 27, where a person has, before the later of January 1, 1996 and the day on which a country becomes a WTO member, incurred an expenditure or liability in connection with, or in preparation for, the doing of an act that would have infringed copyright under section 26 commencing on the later of those days, had that country been a WTO member, any right or interest of that person that

  • (a) arises from or in connection with the doing of that act, and

  • (b) is subsisting and valuable on the later of those days

  is not prejudiced or diminished by reason only that that country has become a WTO member, except as provided by an order of the Board made under subsection 78(3).

• Marginal note:Compensation

  (2) Notwithstanding subsection (1), a person’s right or interest that is protected by that subsection terminates if and when the owner of the copyright pays that person such compensation as is agreed to between the parties or, failing agreement, as is determined by the Board in accordance with section 78.

• Marginal note:Limitation

  (3) Nothing in subsections (1) and (2) affects any right of a performer available in law or equity.

Marginal note:Certain rights and interests protected

• 32.5 (1) Notwithstanding section 27, where a person has, before the later of the coming into force of Part II and the day on which a country becomes a Rome Convention country, incurred an expenditure or liability in connection with, or in preparation for, the doing of an act that would have infringed copyright under section 15 or 21 commencing on the later of those days, had Part II been in force or had that country been a Rome Convention country, any right or interest of that person that

  • (a) arises from or in connection with the doing of that act, and

  • (b) is subsisting and valuable on the later of those days

  is not prejudiced or diminished by reason only that Part II has come into force or that the country has become a Rome Convention country, except as provided by an order of the Board made under subsection 78(3).

• Marginal note:Compensation

  (2) Notwithstanding subsection (1), a person’s right or interest that is protected by that subsection terminates if and when the owner of the copyright pays that person such compensation as is agreed to between the parties or, failing agreement, as is determined by the Board in accordance with section 78.

• Marginal note:Limitation

  (3) Nothing in subsections (1) and (2) affects any right of a performer available in law or equity.