Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2013-11-02 and last amended on 2012-11-07. Previous Versions

Marginal note:Other duties of Registrar

 The Registrar of Copyrights shall perform such other duties in connection with the administration of this Act as may be assigned to him by the Commissioner of Patents.

  • R.S., c. C-30, s. 33.

 [Repealed, 1992, c. 1, s. 48]

Marginal note:Control of business and officials

 The Commissioner of Patents shall, subject to the Minister, oversee and direct the officers, clerks and employees of the Copyright Office, have general control of the business thereof and perform such other duties as are assigned to him by the Governor in Council.

  • R.S., c. C-30, s. 35.
Marginal note:Register to be evidence
  •  (1) The Register of Copyrights is evidence of the particulars entered in it, and a copy of an entry in the Register is evidence of the particulars of the entry if it is certified by the Commissioner of Patents, the Registrar of Copyrights or an officer, clerk or employee of the Copyright Office as a true copy.

  • Marginal note:Owner of copyright

    (2) A certificate of registration of copyright is evidence that the copyright subsists and that the person registered is the owner of the copyright.

  • Marginal note:Assignee

    (2.1) A certificate of registration of an assignment of copyright is evidence that the right recorded on the certificate has been assigned and that the assignee registered is the owner of that right.

  • Marginal note:Licensee

    (2.2) A certificate of registration of a licence granting an interest in a copyright is evidence that the interest recorded on the certificate has been granted and that the licensee registered is the holder of that interest.

  • Marginal note:Admissibility

    (3) A certified copy or certificate appearing to have been issued under this section is admissible in all courts without proof of the signature or official character of the person appearing to have signed it.

  • R.S., 1985, c. C-42, s. 53;
  • 1992, c. 1, s. 49;
  • 1993, c. 15, s. 5;
  • 1997, c. 24, s. 30.

Registration

Marginal note:Register of Copyrights
  •  (1) The Minister shall cause to be kept at the Copyright Office a register to be called the Register of Copyrights in which may be entered

    • (a) the names or titles of works and of other subject-matter in which copyright subsists;

    • (b) the names and addresses of authors, performers, makers of sound recordings, broadcasters, owners of copyright, assignees of copyright, and persons to whom an interest in copyright has been granted by licence; and

    • (c) such other particulars as may be prescribed by regulation.

  • (2) [Repealed, 1997, c. 24, s. 31]

  • Marginal note:Single entry sufficient

    (3) In the case of an encyclopaedia, newspaper, review, magazine or other periodical work, or work published in a series of books or parts, it is not necessary to make a separate entry for each number or part, but a single entry for the whole work is sufficient.

  • Marginal note:Indices

    (4) There shall also be kept at the Copyright Office such indices of the Register established under this section as may be prescribed by regulation.

  • Marginal note:Inspection and extracts

    (5) The Register and indices established under this section shall at all reasonable times be open to inspection, and any person is entitled to make copies of or take extracts from the Register.

  • Marginal note:Former registration effective

    (6) Any registration made under the Copyright Act, chapter 70 of the Revised Statutes of Canada, 1906, has the same force and effect as if made under this Act.

  • Marginal note:Subsisting copyright

    (7) Any work in which copyright, operative in Canada, subsisted immediately before January 1, 1924 is registrable under this Act.

  • R.S., 1985, c. C-42, s. 54;
  • 1992, c. 1, s. 50;
  • 1997, c. 24, s. 31.