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:Non-infringement re useful article features

  • 64.1 (1) The following acts do not constitute an infringement of the copyright or moral rights in a work:

    • (a) applying to a useful article features that are dictated solely by a utilitarian function of the article;

    • (b) by reference solely to a useful article, making a drawing or other reproduction in any material form of any features of the article that are dictated solely by a utilitarian function of the article;

    • (c) doing with a useful article having only features described in paragraph (a), or with a drawing or reproduction made as described in paragraph (b), anything that the owner of the copyright has the sole right to do with the work; and

    • (d) using any method or principle of manufacture or construction.

  • Marginal note:Exception

    (2) Nothing in subsection (1) affects

    • (a) the copyright, or

    • (b) the moral rights, if any,

    in any sound recording, cinematograph film or other contrivance by means of which a work may be mechanically reproduced or performed.

  • R.S., 1985, c. 10 (4th Supp.), s. 11;
  • 1997, c. 24, s. 40.
Marginal note:Application of Act to topographies

  • 64.2 (1) This Act does not apply, and shall be deemed never to have applied, to any topography or to any design, however expressed, that is intended to generate all or part of a topography.

  • Marginal note:Computer programs

    (2) For greater certainty, the incorporation of a computer program into an integrated circuit product or the incorporation of a work into such a computer program may constitute an infringement of the copyright or moral rights in a work.

  • Marginal note:Definitions

    (3) In this section, “topography” and “integrated circuit product” have the same meaning as in the Integrated Circuit Topography Act.

  • 1990, c. 37, s. 33.

65. [Repealed, 1993, c. 44, s. 69]

PART VIICOPYRIGHT BOARD AND COLLECTIVE ADMINISTRATION OF COPYRIGHT

Copyright Board

Marginal note:Establishment

  • 66. (1) There is hereby established a Board, to be known as the Copyright Board, consisting of not more than five members, including a chairman and a vice-chairman, to be appointed by the Governor in Council.

  • Marginal note:Service

    (2) The members of the Board shall be appointed to serve either full-time or part-time.

  • Marginal note:Chairman

    (3) The chairman must be a judge, either sitting or retired, of a superior, county or district court.

  • Marginal note:Tenure

    (4) Each member of the Board shall hold office during good behaviour for a term not exceeding five years, but may be removed at any time by the Governor in Council for cause.

  • Marginal note:Re-appointment

    (5) A member of the Board is eligible to be re-appointed once only.

  • Marginal note:Prohibition

    (6) A member of the Board shall not be employed in the public service within the meaning of the Public Service Labour Relations Act during the member’s term of office.

  • Marginal note:Members deemed public service employees

    (7) A full-time member of the Board, other than the chairman, shall be deemed to be employed in

  • R.S., 1985, c. C-42, s. 66;
  • R.S., 1985, c. 10 (1st Supp.), s. 1, c. 10 (4th Supp.), s. 12;
  • 2003, c. 22, s. 154(E), 224(E), 225(E).
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