Copyright Act
Sections and provisions with full text and the judgments that cite each one.
Section 47 — Powers of Commissioner and Registrar
The Commissioner of Patents shall exercise the powers conferred and perform the duties imposed on him by this Act under the direction of the Minister, and, in the absence of the Commissioner of…
Section 48 — Registrar
There shall be a Registrar of Copyrights.
Section 49 — Register of Copyrights, certificates and certified copies
The Commissioner of Patents, the Registrar of Copyrights or an officer, clerk or employee of the Copyright Office may sign certificates and certified copies of the Register of Copyrights.
Section 50 — 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.
Section 51
[Repealed, 1992, c. 1, s. 48]
Section 52 — 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…
Section 53 — Register to be evidence
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…
Section 54 — Register of Copyrights
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 the names or titles of works and of other subject-matter in…
Section 55 — Copyright in works
Application for the registration of a copyright in a work may be made by or on behalf of the author of the work, the owner of the copyright in the work, an assignee of the copyright, or a person to…
Section 56 — Copyright in subject-matter other than works
Application for the registration of a copyright in subject-matter other than a work may be made by or on behalf of the owner of the copyright in the subject-matter, an assignee of the copyright, or a…
Section 56.1 — Recovery of damages
Where a person purports to have the authority to apply for the registration of a copyright under section 55 or 56 on behalf of another person, any damage caused by a fraudulent or erroneous…
Section 57 — Registration of assignment or licence
The Registrar of Copyrights shall register an assignment of copyright, or a licence granting an interest in a copyright, on being furnished with the original instrument or a certified copy of it, or…
Section 58 — Execution of instruments
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…
Section 59 — Fees regulations
The Governor in Council may make regulations prescribing fees, or the manner of determining fees, to be paid for anything required or authorized to be done in the administration of this Act; and…
Section 60 — Subsistence of substituted right
Where any person is immediately before January 1, 1924 entitled to any right in any work that is set out in column I of Schedule I, or to any interest in such a right, he is, as from that date,…
Section 61 — Clerical errors do not invalidate
Clerical errors in any instrument of record in the Copyright Office do not invalidate the instrument, but they may be corrected under the authority of the Registrar of Copyrights.
Section 62 — Regulations
The Governor in Council may make regulations for the purposes of paragraph 30.01(6)(d), respecting measures, which may vary according to circumstances specified in the regulations; for the purposes…
Section 63
[Repealed, 1997, c. 24, s. 38]
Section 64 — Interpretation
In this section and section 64.1, article means any thing that is made by hand, tool or machine; ( objet ) design means features of shape, configuration, pattern or ornament and any combination of…
Section 64.1 — Non-infringement re useful article features
The following acts do not constitute an infringement of the copyright or moral rights in a work: applying to a useful article features that are dictated solely by a utilitarian function of the…
Section 64.2 — Application of Act to topographies
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. For greater…
Section 65
[Repealed, 1993, c. 44, s. 69]
Section 66 — Establishment
There is established a Board to be known as the Copyright Board, consisting of not more than five members, including a Chair and a Vice-chair, to be appointed by the Governor in Council. The members…
Section 66.1 — Duties of Chair
The Chair shall direct the work of the Board and apportion its work among its members. If the Chair is absent or incapacitated or if the office of Chair is vacant, the Vice-chair has all the powers…
Section 66.2 — Remuneration and expenses
The members of the Board shall be paid such remuneration as may be fixed by the Governor in Council and are entitled to be paid reasonable travel and living expenses incurred by them in the course of…
Section 66.3 — Conflict of interest prohibited
A member of the Board shall not, directly or indirectly, engage in any activity, have any interest in a business or accept or engage in any office or employment that is inconsistent with the member’s…
Section 66.4 — Staff
Such officers and employees as are necessary for the proper conduct of the work of the Board shall be appointed in accordance with the Public Service Employment Act . The officers and employees…
Section 66.5 — Concluding matters after membership expires
A member of the Board whose term expires may conclude the matters that the member has begun to consider. Matters before the Board shall be decided by a majority of the members of the Board and the…
Section 66.501 — Fair and equitable
The Board shall fix royalty and levy rates and any related terms and conditions under this Act that are fair and equitable, in consideration of what would have been agreed upon between a willing…
Section 66.502 — Informal and expeditious
All matters before the Board shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit but, in any case, within any period or no later than any…
Section 66.503 — For greater certainty
For greater certainty, any person or entity may authorize any other person or entity to act on their behalf in any matter before the Board.
Section 66.504 — Case manager
The Chair may assign a member, officer or employee of the Board or a person engaged under subsection 66.4(3) to act as a case manager of a matter before the Board. The case manager may give any…
Section 66.51 — Interim decisions
The Board may, on application, make an interim decision.
Section 66.52 — Variation of decisions
A decision of the Board respecting royalties or their related terms and conditions that is made under subsection 70(1), 71(2), 76.1(1) or 83(8) may, on application, be varied by the Board if, in its…
Section 66.6 — Regulations
The Board may, with the approval of the Governor in Council, make regulations governing the practice and procedure in respect of the Board’s hearings, including the number of members of the Board…
Section 66.7 — General powers, etc.
The Board has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its decisions and other matters necessary or…
Section 66.71 — Distribution, publication of notices
Independently of any other provision of this Act relating to the distribution or publication of information or documents by the Board, the Board may at any time cause to be distributed or published,…
Section 66.8 — Studies
The Board shall conduct such studies with respect to the exercise of its powers as are requested by the Minister.
Section 66.9 — Report
The Board shall, not later than August 31 in each year, submit to the Governor in Council through the Minister an annual report on the Board’s activities for the preceding year describing briefly the…
Section 66.91 — Regulations
The Governor in Council may make regulations issuing policy directions to the Board and establishing general criteria to be applied by the Board or to which the Board must have regard in establishing…
Section 67 — Filing of proposed tariffs
A collective society may file a proposed tariff with the Board for the purpose of establishing royalties with respect to rights the collective society administers under section 3, 15, 18, 19 or 21.…
Section 67.1 — Designation of collective society — paragraph 19(2)(a)
On application by a collective society, the Board may designate the collective society as the sole collective society authorized to collect all royalties referred to in paragraph 19(2)(a) with…
Section 67.2 — Requests regarding repertoire
A collective society shall answer, within a reasonable time, all reasonable requests from any person for information about its repertoire of works, performer’s performances, sound recordings or…
Section 67.3
[Repealed, 1997, c. 24, s. 45]
Section 68 — Filing
A proposed tariff must be filed no later than October 15 of the second calendar year before the calendar year in which the proposed tariff is to take effect or, if a day is established under…
Section 68.1 — Form and content
A proposed tariff must be filed in both official languages and include the acts to which the tariff is to apply; the proposed royalty rates and any related terms and conditions; and the effective…
Section 68.2 — Publication and notification
The Board, in the manner that it sees fit, shall publish the proposed tariff as well as a notice that any objection to the proposed tariff must be filed within the period set out in subsection 68.3…
Section 68.3 — Filing of objection
An objection to a proposed tariff may be filed with the Board by an educational institution, if the proposed tariff is filed for the purpose of collecting royalties referred to in subsection 29.7(2)…
Section 68.4 — Reply to objection
The collective society may file a reply to an objection with the Board. The Board shall provide a copy of the filed reply to the person or entity that filed the objection.
Section 69 — Request to withdraw or amend
A collective society may, before a proposed tariff filed by it has been approved by the Board, make an application to the Board requesting that the proposed tariff be withdrawn; or a reference to an…