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Copyright in
communication signals
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21. (1) Subject to subsection
(2), a broadcaster has a copyright in the communication signals that
it broadcasts, consisting of the sole right to do the following in
relation to the communication signal or any substantial part
thereof:
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(b) to reproduce any fixation of it that was made without
the broadcaster's consent,
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(c) to authorize another broadcaster to retransmit it to
the public simultaneously with its broadcast, and
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(d) in the case of a television communication signal, to
perform it in a place open to the public on payment of an entrance
fee,
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and to authorize any act described in
paragraph (a), (b) or (d).
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Conditions for
copyright
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(2) Subsection (1) applies only if the
broadcaster
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(a) at the time of the broadcast, had its headquarters in
Canada, in a country that is a WTO Member or in a Rome Convention
country; and
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(b) broadcasts the communication signal from that country.
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Exception
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(3) Notwithstanding subsection (2), if
the Minister is of the opinion that a Rome Convention country or a
country that is a WTO Member does not grant the right mentioned in
paragraph (1)(d), the Minister may, by a statement published
in the Canada Gazette, declare that broadcasters that have
their headquarters in that country are not entitled to that right.
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Reciprocity
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22. (1) Where the Minister is of
the opinion that a country other than a Rome Convention country
grants or has undertaken to grant
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(a) to performers and to makers of sound recordings, or
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that are Canadian citizens or permanent
residents of Canada within the meaning of the Immigration Act
or, if corporations, have their headquarters in Canada, as the case
may be, whether by treaty, convention, agreement or law, benefits
substantially equivalent to those conferred by this Part, the
Minister may, by a statement published in the Canada Gazette,
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(c) grant the benefits conferred by this Part
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(i) to performers and to makers of sound recordings, or
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as the case may be, that are citizens, subjects or permanent
residents of or, if corporations, have their headquarters in that
country, and
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(d) declare that that country shall, as regards those
benefits, be treated as if it were a country to which this Part
extends.
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Reciprocity
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(2) Where the Minister is of the opinion
that a country other than a Rome Convention country neither grants
nor has undertaken to grant
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(a) to performers, and to makers of sound recordings, or
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that are Canadian citizens or permanent
residents of Canada within the meaning of the Immigration Act
or, if corporations, have their headquarters in Canada, as the case
may be, whether by treaty, convention, agreement or law, benefits
substantially equivalent to those conferred by this Part, the
Minister may, by a statement published in the Canada Gazette,
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(c) grant the benefits conferred by this Part to
performers, makers of sound recordings or broadcasters that are
citizens, subjects or permanent residents of or, if corporations,
have their headquarters in that country, as the case may be, to
the extent that that country grants those benefits to performers,
makers of sound recordings or broadcasters that are Canadian
citizens or permanent residents of Canada within the meaning of
the Immigration Act or, if corporations, have their
headquarters in Canada, and
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(d) declare that that country shall, as regards those
benefits, be treated as if it were a country to which this Part
extends.
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Application of Act
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(3) Any provision of this Act that the
Minister specifies in a statement referred to in subsection (1) or
(2)
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(a) applies in respect of performers, makers of sound
recordings or broadcasters covered by that statement, as if they
were citizens of or, if corporations, had their headquarters in
Canada; and
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(b) applies in respect of a country covered by that
statement, as if that country were Canada.
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Application of Act
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(4) Subject to any exceptions that the
Minister may specify in a statement referred to in subsection (1) or
(2), the other provisions of this Act also apply in the way
described in subsection (3).
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TERM OF
RIGHTS
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Term of rights
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23. (1) Subject to this Act, the
rights conferred by sections 15, 18 and 21 terminate fifty years
after the end of the calendar year in which
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(a) in the case of a performer's performance,
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(i) its first fixation in a sound recording, or
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(ii) its performance, if it is not fixed in a sound recording,
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(b) in the case of a sound recording, the first fixation
occurred; or
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(c) in the case of a communication signal, it was
broadcast.
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Term of right to
remuneration
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(2) The rights to remuneration conferred
on performers and makers by section 19 have the same terms,
respectively, as those provided by paragraphs (1)(a) and (b).
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Application of
subsections (1) and (2)
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(3) Subsections (1) and (2) apply
whether the fixation, performance or broadcast occurred before or
after the coming into force of this Part.
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Berne Convention
countries, Rome Convention countries, WTO Members
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(4) Where the performer's performance,
sound recording or communication signal meets the requirements set
out in section 15, 18 or 21, as the case may be, a country that
becomes a Berne Convention country, a Rome Convention country or a
WTO Member after the date of the fixation, performance or broadcast
is, as of becoming a Berne Convention country, Rome Convention
country or WTO Member, as the case may be, deemed to have been such
at the date of the fixation, performance or broadcast.
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Where term of
protection expired
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(5) Subsection (4) does not confer any
protection in Canada where the term of protection in the country
referred to in that subsection had expired before that country
became a Berne Convention country, Rome Convention country or WTO
Member, as the case may be.
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Ownership of copyright
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24. The first owner of the
copyright
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(a) in a performer's performance, is the performer;
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(b) in a sound recording, is the maker; or
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(c) in a communication signal, is the broadcaster that
broadcasts it.
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Assignment of rights
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25. Subsections 13(4) to (7)
apply, with such modifications as the circumstances require, in
respect of the rights conferred by this Part on performers, makers
of sound recordings and broadcasters.
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Performer's
performance in WTO country
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26. (1) Where a performer's
performance takes place on or after January 1, 1996 in a country
that is a WTO Member, the performer has, as of the date of the
performer's performance, a copyright in the performer's performance,
consisting of the sole right to do the following in relation to the
performer's performance or any substantial part thereof:
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(a) if it is not fixed, to communicate it to the public by
telecommunication and to fix it in a sound recording, and
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(b) if it has been fixed in a sound recording without the
performer's authorization, to reproduce the fixation or any
substantial part thereof,
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and to authorize any such acts.
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Where country joins
WTO after Jan. 1, 1996
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(2) Where a performer's performance
takes place on or after January 1, 1996 in a country that becomes a
WTO Member after the date of the performer's performance, the
performer has the copyright described in subsection (1) as of the
date the country becomes a WTO Member.
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Performer's
performances before Jan. 1, 1996
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(3) Where a performer's performance
takes place before January 1, 1996 in a country that is a WTO
Member, the performer has, as of January 1, 1996, the sole right to
do and to authorize the act described in paragraph (1)(b).
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Where country joins
WTO after Jan. 1, 1996
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(4) Where a performer's performance
takes place before January 1, 1996 in a country that becomes a WTO
Member on or after January 1, 1996, the performer has the right
described in subsection (3) as of the date the country becomes a WTO
Member.
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Term of performer's
rights
|
(5) The rights conferred by this section
subsist for the remainder of the calendar year in which the
performer's performance takes place and a period of fifty years
following the end of that calendar year.
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Assignment of rights
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(6) Subsections 13(4) to (7) apply, with
such modifications as the circumstances require, in respect of a
performer's rights conferred by this section.
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Limitation
|
(7) Notwithstanding an assignment of a
performer's right conferred by this section, the performer, as well
as the assignee, may
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(a) prevent the reproduction of
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(i) any fixation of the performer's performance, or
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(ii) any substantial part of such a fixation,
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where the fixation was made without the performer's consent or the
assignee's consent; and
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(b) prevent the importation of any fixation of the
performer's performance, or any reproduction of such a fixation,
that the importer knows or ought to have known was made without
the performer's consent or the assignee's consent.
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R.S., c. 1 (3rd
Supp.), s. 13; c. 10 (4th Supp.), s. 5; 1993, c. 44, s. 64(1), (2)
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15. The heading
before section 27 and sections 27 and 28 of the Act are replaced by
the following:
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PART III:
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INFRINGEMENT OF COPYRIGHT AND MORAL RIGHTS AND
EXCEPTIONS TO INFRINGEMENT |
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INFRINGEMENT OF COPYRIGHT |
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General |
Infringement generally
|
27. (1) It is an infringement of
copyright for any person to do, without the consent of the owner of
the copyright, anything that by this Act only the owner of the
copyright has the right to do.
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Secondary infringement
|
(2) It is an infringement of copyright
for any person to
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(b) distribute to such an extent as to affect prejudicially
the owner of the copyright,
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(c) by way of trade distribute, expose or offer for sale or
rental, or exhibit in public,
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(d) possess for the purpose of doing anything referred to
in paragraphs (a) to (c), or
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(e) import into Canada for the purpose of doing anything
referred to in paragraphs (a) to (c),
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a copy of a work, sound recording or
fixation of a performer's performance or of a communication signal
that the person knows or should have known infringes copyright or
would infringe copyright if it had been made in Canada by the person
who made it.
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Knowledge of importer
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(3) In determining whether there is an
infringement under subsection (2) in the case of an activity
referred to in any of paragraphs (2)(a) to (d) in
relation to a copy that was imported in the circumstances referred
to in paragraph (2)(e), it is irrelevant whether the importer
knew or should have known that the importation of the copy infringed
copyright.
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Plates
|
(4) It is an infringement of copyright
for any person to make or possess a plate that has been specifically
designed or adapted for the purpose of making infringing copies of a
work or other subject-matter.
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Public performance for
profit
|
(5) It is an infringement of copyright
for any person, for profit, to permit a theatre or other place of
entertainment to be used for the performance in public of a work or
other subject-matter without the consent of the owner of the
copyright unless that person was not aware, and had no reasonable
ground for suspecting, that the performance would be an infringement
of copyright.
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Parallel
Importation of Books |
Importation of books
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27.1 (1) Subject to any
regulations made under subsection (6), it is an infringement of
copyright in a book for any person to import the book where
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(a) copies of the book were made with the consent of the
owner of the copyright in the book in the country where the copies
were made, but were imported without the consent of the owner of
the copyright in the book in Canada; and
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(b) the person knows or should have known that the book
would infringe copyright if it was made in Canada by the importer.
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Secondary infringement
|
(2) Subject to any regulations made
under subsection (6), where the circumstances described in paragraph
(1)(a) exist, it is an infringement of copyright in an
imported book for any person who knew or should have known that the
book would infringe copyright if it was made in Canada by the
importer to
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(a) sell or rent out the book;
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(b) by way of trade, distribute, expose or offer for sale
or rental, or exhibit in public, the book; or
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(c) possess the book for the purpose of any of the
activities referred to in paragraph (a) or (b).
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Limitation
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(3) Subsections (1) and (2) only apply
where there is an exclusive distributor of the book and the acts
described in those subsections take place in the part of Canada or
in respect of the particular sector of the market for which the
person is the exclusive distributor.
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Exclusive distributor
|
(4) An exclusive distributor is deemed,
for the purposes of entitlement to any of the remedies under Part IV
in relation to an infringement under this section, to derive an
interest in the copyright in question by licence.
|
Notice
|
(5) No exclusive distributor, copyright
owner or exclusive licensee is entitled to a remedy under Part IV in
relation to an infringement under this section unless, before the
infringement occurred, notice has been given within the prescribed
time and in the prescribed manner to the person referred to in
subsection (1) or (2), as the case may be, that there is an
exclusive distributor of the book.
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Regulations
|
(6) The Governor in Council may, by
regulation, establish terms and conditions for the importation of
certain categories of books, including remaindered books, books
intended solely for re-export and books imported by special order.
|
1988, c. 65, s. 63
|
16. Section 28.01 of the Act is
renumbered as section 31 and that section and the heading before it
are repositioned accordingly and that heading is replaced by the
following:
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Retransmission |
1994, c. 47, s. 60
|
17. The heading
before section 28.02 and sections 28.02 and 28.03 of the Act are
repealed.
|
1994, c. 47, s. 61
|
18. (1) Section
29 of the Act and the heading before it are replaced by the
following:
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