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IMPORTATION
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1993, c. 44, s. 66
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27. (1) The
portion of subsection 44.1(1) of the Act before the definition
``court'' is replaced by the following:
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Definitions
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44.1 (1) In this section and
sections 44.2 and 44.3,
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1993, c. 44, s. 66
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(2) Subsection
44.1(2) of the Act is replaced by the following:
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Power of court
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(2) A court may make an order described
in subsection (3) where the court is satisfied that
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(a) copies of the work are about to be imported into
Canada, or have been imported into Canada but have not yet been
released;
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(i) copies of the work were made without the consent of the
person who then owned the copyright in the country where the
copies were made, or
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(ii) the copies were made elsewhere than in a country to which
this Act extends; and
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(c) the copies would infringe copyright if they were made
in Canada by the importer and the importer knows or should have
known this.
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Who may apply
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(2.1) A court may make an order
described in subsection (3) on application by the owner or exclusive
licensee of copyright in a work in Canada.
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1993, c. 44, s. .66
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(3) Subsection
44.1(4) of the English version of the Act is replaced by the
following:
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How application made
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(4) An application for an order made
under subsection (2) may be made in an action or otherwise, and
either on notice or ex parte, except that it must always be
made on notice to the Minister.
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1993, c. 44, s. 66
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(4) Subsections
44.1(8) and (9) of the Act are replaced by the following:
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Where applicant fails
to commence an action
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(8) Unless an order made under
subsection (2) provides otherwise, the Minister shall, subject to
the Customs Act and to any other Act of Parliament that
prohibits, controls or regulates the importation or exportation of
goods, release the copies of the work without further notice to the
applicant if, two weeks after the applicant has been notified under
subparagraph (3)(a)(ii), the applicant has not notified the
Minister that the applicant has commenced a proceeding for a final
determination by the court of the issues referred to in paragraphs
(2)(b) and (c).
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Where court finds in
plaintiff's favour
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(9) Where, in a proceeding commenced
under this section, the court finds that the circumstances referred
to in paragraphs (2)(b) and (c) existed, the court may
make any order that it considers appropriate in the circumstances,
including an order that the copies of the work be destroyed, or that
they be delivered up to the plaintiff as the plaintiff's property
absolutely.
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R.S., c. 41 (3rd
Supp.), s. 117; 1994, c. 47, ss. 66, 67
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28. Sections
44.2 and 45 of the Act are replaced by the following: |
Importation of books
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44.2 (1) A court may, subject to
this section, make an order described in subsection 44.1(3) in
relation to a book where the court is satisfied that
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(a) copies of the book are about to be imported into
Canada, or have been imported into Canada but have not yet been
released;
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(b) 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 in
Canada of the copyright in the book; and
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(c) the copies would infringe copyright if they were made
in Canada by the importer and the importer knows or should have
known this.
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Who may apply
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(2) A court may make an order described
in subsection 44.1(3) in relation to a book on application by
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(a) the owner of the copyright in the book in Canada;
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(b) the exclusive licensee of the copyright in the book in
Canada; or
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(c) the exclusive distributor of the book.
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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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Application of certain
provisions
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(4) Subsections 44.1(3) to (10) apply,
with such modifications as the circumstances require, in respect of
an order made under subsection (1).
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Limitation
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44.3 No exclusive licensee of the
copyright in a book in Canada, and no exclusive distributor of a
book, may obtain an order under section 44.2 against another
exclusive licensee of the copyright in that book in Canada or
against another exclusive distributor of that book.
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Importation of other
subject
matter
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44.4 Section 44.1 applies, with
such modifications as the circumstances require, in respect of a
sound recording, performer's performance or communication signal,
where a fixation or a reproduction of a fixation of it
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(a) is about to be imported into Canada, or has been
imported into Canada but has not yet been released;
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(i) was made without the consent of the person who then owned
the copyright in the sound recording, performer's performance or
communication signal, as the case may be, in the country where
the fixation or reproduction was made, or
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(ii) was made elsewhere than in a country to which Part II
extends; and
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(c) would infringe the right of the owner of copyright in
the sound recording, performer's performance or communication
signal if it was made in Canada by the importer and the importer
knows or should have known this.
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Exceptions
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45. (1) Notwithstanding anything
in this Act, it is lawful for a person
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(a) to import for their own use not more than two copies of
a work or other subject-matter made with the consent of the owner
of the copyright in the country where it was made;
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(b) to import for use by a department of the Government of
Canada or a province copies of a work or other subject-matter made
with the consent of the owner of the copyright in the country
where it was made;
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(c) at any time before copies of a work or other
subject-matter are made in Canada, to import any copies, except
copies of a book, made with the consent of the owner of the
copyright in the country where the copies were made, that are
required for the use of a library, archive, museum or educational
institution;
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(d) to import, for the use of a library, archive, museum or
educational institution, not more than one copy of a book that is
made with the consent of the owner of the copyright in the country
where the book was made; and
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(e) to import copies, made with the consent of the owner of
the copyright in the country where they were made, of any used
books, except textbooks of a scientific, technical or scholarly
nature for use within an educational institution in a course of
instruction.
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Satisfactory evidence
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(2) An officer of customs may, in the
officer's discretion, require a person seeking to import a copy of a
work or other subject-matter under this section to produce
satisfactory evidence of the facts necessary to establish the
person's right to import the copy.
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29. The heading
before section 46 of the Act is replaced by the following:
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PART V:
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ADMINISTRATION |
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30. Subsection
53(2) of the Act is replaced by the following:
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Owner of copyright
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(2) A certificate of registration of
copyright is evidence that the copyright subsists and that the
person registered is the owner of the copyright.
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Assignee
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(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.
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Licensee
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(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.
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1992, c. 1, s. 50(1)
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31. (1)
Subsections 54(1) and (2) of the Act are replaced by the following:
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Register of Copyrights
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54. (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
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(a) the names or titles of works and of other
subject-matter in which copyright subsists;
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(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
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(c) such other particulars as may be prescribed by
regulation.
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1992, c. 1, s. 50(2)
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(2) Subsections
54(4) and (5) of the Act are replaced by the following: |
Indices
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(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.
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Inspection and
extracts
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(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.
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1993, c. 15, s. 6
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32. Sections 55
and 56 of the Act are replaced by the following: |
Copyright in works
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55. (1) 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 whom an interest in the
copyright has been granted by licence.
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Application for
registration
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(2) An application under subsection (1)
must be filed with the Copyright Office, be accompanied by the fee
prescribed by or determined under the regulations, and contain the
following information:
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(a) the name and address of the owner of the copyright in
the work;
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(b) a declaration that the applicant is the author of the
work, the owner of the copyright in the work, an assignee of the
copyright, or a person to whom an interest in the copyright has
been granted by licence;
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(c) the category of the work;
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(d) the title of the work;
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(e) the name of the author and, if the author is dead, the
date of the author's death, if known;
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(f) in the case of a published work, the date and place of
the first publication; and
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(g) any additional information prescribed by regulation.
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Copyright in subject-
matter other than works
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56. (1) 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 person to whom an
interest in the copyright has been granted by licence.
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Application for
registration
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(2) An application under subsection (1)
must be filed with the Copyright Office, be accompanied by the fee
prescribed by or determined under the regulations, and contain the
following information:
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(a) the name and address of the owner of the copyright in
the subject-matter;
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(b) a declaration that the applicant is the owner of the
copyright in the subject-matter, an assignee of the copyright, or
a person to whom an interest in the copyright has been granted by
licence;
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(c) whether the subject-matter is a performer's
performance, a sound recording or a communication signal;
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(d) the title, if any, of the subject-matter;
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(i) in the case of a performer's performance, its first fixation
in a sound recording or, if it is not fixed in a sound
recording, its first performance,
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(ii) in the case of a sound recording, the first fixation, or
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(iii) in the case of a communication signal, its broadcast; and
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(f) any additional information prescribed by regulation.
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Recovery of damages
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56.1 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 assumption of such authority is
recoverable in any court of competent jurisdiction.
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1993, c. 15, s. 7(1)
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33. (1)
Subsection 57(1) of the Act is replaced by the following: |
Registration of
assignment or licence
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57. (1) The Registrar of
Copyrights shall register an assignment of copyright, or a licence
granting an interest in a copyright, on being furnished with
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(a) the original instrument or a certified copy of it, or
other evidence satisfactory to the Registrar of the assignment or
licence; and
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(b) the fee prescribed by or determined under the
regulations.
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(2) Subsection
57(3) of the Act is replaced by the following:
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When assignment or
licence is void
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(3) Any assignment of copyright, or any
licence granting an interest in a copyright, shall be adjudged void
against any subsequent assignee or licensee for valuable
consideration without actual notice, unless the prior assignment or
licence is registered in the manner prescribed by this Act before
the registering of the instrument under which the subsequent
assignee or licensee claims.
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34. (1)
Subsections 58(1) and (2) of the Act are replaced by the following:
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Execution of
instruments
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58. (1) Any assignment of
copyright, or any licence granting an interest in a copyright, may
be executed, subscribed or acknowledged at any place in a treaty
country or a Rome Convention country by the assignor, licensor or
mortgagor, before any notary public, commissioner or other official
or the judge of any court, who is authorized by law to administer
oaths or perform notarial acts in that place, and who also
subscribes their signature and affixes thereto or impresses thereon
their official seal or the seal of the court of which they are such
judge.
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Execution of
instruments
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(2) Any assignment of copyright, or any
licence granting an interest in a copyright, may be executed,
subscribed or acknowledged by the assignor, licensor or mortgagor,
in any other foreign country before any notary public, commissioner
or other official or the judge of any court of the foreign country,
who is authorized to administer oaths or perform notarial acts in
that foreign country and whose authority shall be proved by the
certificate of a diplomatic or consular officer of Canada performing
their functions in that foreign country.
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(2) Subsection
58(4) of the Act is replaced by the following:
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Other testimony
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(4) The provisions of subsections (1)
and (2) shall be deemed to be permissive only, and the execution of
any assignment of copyright, or any licence granting an interest in
a copyright, may in any case be proved in accordance with the
applicable rules of evidence.
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35. The Act is
amended by adding the following after section 59:
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PART VI:
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MISCELLANEOUS
PROVISIONS |
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36. The heading before section 61 of
the Act is replaced by the following:
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37. (1) The heading before section 62
of the English version of the Act is replaced by the following:
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(2) Subsection 62(1) of the Act is
replaced by the following:
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Regulations
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62. (1) The Governor in Council
may make regulations
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(a) prescribing anything that by this Act is to be
prescribed by regulation; and
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(b) generally for carrying out the purposes and provisions
of this Act.
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38. Section 63 of the Act and the
heading before it are replaced by the following:
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R.S., c. 10 (4th
Supp.), s. 11
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39. Paragraph 64(3)(g) of the
Act is replaced by the following:
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(g) such other work or article as may be prescribed by
regulation.
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R.S., c. 10 (4th
Supp.), s. 11
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40. Subsection
64.1(2) of the Act is replaced by the following:
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Exception
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(2) Nothing in subsection (1) affects
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(b) the moral rights, if any,
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in any sound recording, cinematograph
film or other contrivance by means of which a work may be
mechanically reproduced or performed.
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41. The Act is amended by adding the
following before the heading ``copyright board'' before section 66:
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