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INTELLECTUAL PROPERTY RIGHTS
NATIONAL LEGISLATION - CANADA
Copyright Regulations and Tariff of Fees
As of October 1, 1997 the Copyright fees changed. An official copy of the Copyright Regulations and fees was also published in the Canada Gazette Part II October 15, 1997.
COPYRIGHT REGULATIONS AND TARIFF OF FEES
1. The definitions in this section apply in these Regulations.
2. (1) All correspondence intended for the Commissioner shall be addressed to the Copyright Office.
(2) Subject to subsection (4), correspondence addressed to the Copyright Office shall be considered to be received by the Copyright Office on the day that the correspondence is delivered to one of the following establishments, where the delivery is made during the business hours of that establishment, namely,
(3) Correspondence addressed to the Copyright Office may be transmitted to the Copyright Office by facsimile, in which case the facsimile shall be considered to be received by the Copyright Office on the day it is transmitted, where the transmission takes place before midnight local time of the place where the Copyright Office is located.
(4) Where the delivery mentioned in subsection (2) is made after business hours, correspondence addressed to the Copyright Office shall be considered to be received by the Copyright Office on the next working day at the start of business hours.
3. (1) Communication in respect of a copyright shall be in writing, but the Commissioner may also accept oral communications.
(2) The Commissioner may request that an oral communication be confirmed in writing.
4. (1) Any address required to be furnished pursuant to the Act or these Regulations shall be a complete mailing address and shall include the street name and number, where one exists, and the postal code.
(2) Where the Commissioner has not been notified of a change of address, the Commissioner is not responsible for any correspondence not received by an author, legal representative, any person purporting to be the agent of an author or their legal representative, or by an assignor, assignee, licensor or licensee.
5. (1) An application for the registration of a copyright
(2) An application for the registration of a copyright referred to in subsection (1) shall be accompanied by the fee set out in column 2 of item 1 of the schedule.
6. (1) A request for the registration of an assignment of
copyright, or a licence granting an interest in a copyright, shall
(2) A request for registration referred to in subsection (1) shall be accompanied by
7. Where the Commissioner determines that an application for registration of copyright, or a request for registration of an assignment of copyright, or a licence granting an interest in a copyright, is defective because it lacks any information or other item, the Commissioner shall notify the person applying for or requesting registration and that person shall have sixty days from the date of that notice to cure the defect. If the defect is not cured within that sixty day period, the Commissioner shall notify that person that the application or request has been rejected, in which case no further action may be taken for registration unless a fresh application or request is made and the applicable fee set out in the schedule for that fresh application or request is paid.
8. All applications for registration of copyright, requests for registration of an assignment of copyright, or a licence granting an interest in a copyright, and any correspondence to the Commissioner shall be legible and clear and, if in paper form, on white paper that measures at least 8 inches by 11 inches (21 cm by 28 cm) but not more than 8 1/2 inches by 14 inches (22 cm by 35 cm) on one side only, with left and upper margins of at least 1 inch (2.5 cm).
9. The fee to be paid by a user of a service of the Copyright Office set out in column 1 of any of items 3 to 6 of the schedule is the fee set out in column 2 of that item.
10. The Copyright Rules are repealed.
11. These Regulations come into force on the date on which they are registered.
(Subsection 5(2), paragraph 6(2)(b) and sections 7 and 9)
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