Attention Copyright. Anything Referenced is property of the Author. 

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.

  • 1997, c. 24, s. 32

Marginal note:Registration of assignment or licence

  • 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

    • (a) the original instrument or a certified copy of it, or other evidence satisfactory to the Registrar of the assignment or licence; and

    • (b) the fee prescribed by or determined under the regulations.

  • (2) [Repealed, 1992, c. 1, s. 51]

  • Marginal note:When assignment or licence is void

    (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.

  • Marginal note:Rectification of Register by the Court

    (4) The Federal Court may, on application of the Registrar of Copyrights or of any interested person, order the rectification of the Register of Copyrights by

    • (a) the making of any entry wrongly omitted to be made in the Register,

    • (b) the expunging of any entry wrongly made in or remaining on the Register, or

    • (c) the correction of any error or defect in the Register,

    and any rectification of the Register under this subsection shall be retroactive from such date as the Court may order.

  • R.S., 1985, c. C-42, s. 57

  • 1992, c. 1, s. 51

  • 1993, c. 15, s. 7

  • 1997, c. 24, s. 33

Marginal note:Execution of instruments

  • 58 (1) 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 country by the assignor, licensor or secured or hypothecary debtor, before any notary public, commissioner or other official, or the judge of any court, who is authorized by law to administer oaths or certify documents in that place and who also subscribes their signature and affixes to, or impresses on, the assignment or licence their official seal or the seal of the court of which they are a judge.

  • Marginal note:Execution of instruments

    (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.

  • Marginal note:Seals to be evidence

    (3) The official seal or seal of the court or the certificate of a diplomatic or consular officer is evidence of the execution of the instrument, and the instrument with the seal or certificate affixed or attached thereto is admissible as evidence in any action or proceeding brought under this Act without further proof.

  • Marginal note:Other testimony

    (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.

  • R.S., 1985, c. C-42, s. 58

  • 1997, c. 24, s. 34

  • 2012, c. 20, s. 50

Fees

Marginal note:Fees regulations

59 The Governor in Council may make regulations

  • (a) 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

  • (b) prescribing the time and manner in which the fees must be paid.

  • R.S., 1985, c. C-42, s. 59

  • 1993, c. 15, s. 8

Subsistence of substituted right

  • 60 (1) 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, entitled to the substituted right set out in column II of that Schedule, or to the same interest in the substituted right, and to no other right or interest, and the substituted right shall subsist for the term for which it would have subsisted if this Act had been in force at the date when the work was made, and the work had been one entitled to copyright thereunder.

  • Marginal note:Where author has assigned the right

    (2) Where the author of any work in which any right that is set out in column I of Schedule I subsists on January 1, 1924 has, before that date, assigned the right or granted any interest therein for the whole term of the right, then at the date when, but for the passing of this Act, the right would have expired, the substituted right conferred by this section shall, in the absence of express agreement, pass to the author of the work, and any interest therein created before January 1, 1924 and then subsisting shall determine, but the person who immediately before the date at which the right would have expired was the owner of the right or interest is entitled at his option either

    • (a) on giving such notice as is hereinafter mentioned, to an assignment of the right or the grant of a similar interest therein for the remainder of the term of the right for such consideration as, failing agreement, may be determined by arbitration, or

    • (b) without any assignment or grant, to continue to reproduce or perform the work in like manner as theretofore subject to the payment, if demanded by the author within three years after the date at which the right would have expired, of such royalties to the author as, failing agreement, may be determined by arbitration, or, where the work is incorporated in a collective work and the owner of the right or interest is the proprietor of that collective work, without any payment,

    and the notice referred to in paragraph (a) must be given not more than one year or less than six months before the date at which the right would have expired, and must be sent by registered post to the author, or, if he cannot with reasonable diligence be found, advertised in the Canada Gazette.

  • Marginal note:Definition of author

    (3) For the purposes of this section, author includes the legal representatives of a deceased author.

  • Marginal note:Works made before this Act in force

    (4) Subject to this Act, copyright shall not subsist in any work made before January 1, 1924 otherwise than under and in accordance with the provisions of this section.

  • R.S., 1985, c. C-42, s. 60

  • R.S., 1985, c. 10 (4th Supp.), s. 17(F)

  • 1997, c. 24, s. 52(F)

Clerical Errors

Marginal note:Clerical errors do not invalidate

61 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.

  • R.S., 1985, c. C-42, s. 61

  • 1992, c. 1, s. 52

  • 1993, c. 15, s. 10

Regulations

  • 62 (1) The Governor in Council may make regulations

    • (a) for the purposes of paragraph 30.01(6)(d), respecting measures, which may vary according to circumstances specified in the regulations;

    • (b) for the purposes of paragraph 30.02(3)(d), respecting measures, which may vary according to circumstances specified in the regulations;

    • (c) prescribing the form of a notice of claimed infringement referred to in section 41.25 and prescribing the information that must be and that is not permitted to be contained in it;

    • (d) prescribing anything that by this Act is to be prescribed by regulation; and

    • (e) generally for carrying out the purposes and provisions of this Act.

  • Marginal note:Rights saved

    (2) The Governor in Council may make orders for altering, revoking or varying any order in council made under this Act, but any order made under this section does not affect prejudicially any rights or interests acquired or accrued at the date when the order comes into operation, and shall provide for the protection of those rights and interests.

  • R.S., 1985, c. C-42, s. 62

  • 1997, c. 24, s. 37

  • 2012, c. 20, s. 51

  • 2018, c. 27, s. 246

Copyright Act (R.S.C., 1985, c. C-42)

Moral rights

  • 17.1 (1) In the cases referred to in subsections 15(2.1) and (2.2), a performer of a live aural performance or a performance fixed in a sound recording has, subject to subsection 28.2(1), the right to the integrity of the performance, and — in connection with an act mentioned in subsection 15(1.1) or one for which the performer has a right to remuneration under section 19 — the right, if it is reasonable in the circumstances, to be associated with the performance as its performer by name or under a pseudonym and the right to remain anonymous.

  • Marginal note:No assignment of moral rights

    (2) Moral rights may not be assigned but may be waived in whole or in part.

  • Marginal note:No waiver by assignment

    (3) An assignment of copyright in a performer’s performance does not by itself constitute a waiver of any moral rights.

  • Marginal note:Effect of waiver

    (4) If a waiver of any moral right is made in favour of an owner or a licensee of a copyright, it may be invoked by any person authorized by the owner or licensee to use the performer’s performance, unless there is an indication to the contrary in the waiver.

  • 2012, c. 20, s. 10

Application and term

  • 17.2 (1) Subsection 17.1(1) applies only in respect of a performer’s performance that occurs after the coming into force of that subsection. The moral rights subsist for the same term as the copyright in that performer’s performance.

  • Marginal note:Succession

    (2) The moral rights in respect of a performer’s performance pass, on the performer’s death, to

    • (a) the person to whom those rights are specifically bequeathed;

    • (b) if there is not a specific bequest of those moral rights and the performer dies testate in respect of the copyright in the performer’s performance, the person to whom that copyright is bequeathed; or

    • (c) if there is not a person as described in paragraph (a) or (b), the person entitled to any other property in respect of which the performer dies intestate.

  • Marginal note:Subsequent succession

    (3) Subsection (2) applies, with any modifications that the circumstances require, on the death of any person who holds moral rights.

  • 2012, c. 20, s. 10

Rights of Sound Recording Makers

Marginal note:Copyright in sound recordings

  • 18 (1) Subject to subsection (2), the maker of a sound recording has a copyright in the sound recording, consisting of the sole right to do the following in relation to the sound recording or any substantial part thereof:

    • (a) to publish it for the first time,

    • (b) to reproduce it in any material form, and

    • (c) to rent it out,

    and to authorize any such acts.

  • Marginal note:Copyright in sound recordings

    (1.1) Subject to subsections (2.1) and (2.2), a sound recording maker’s copyright in the sound recording also includes the sole right to do the following acts in relation to the sound recording or any substantial part of it and to authorize any of those acts:

    • (a) to make it available to the public by telecommunication in a way that allows a member of the public to have access to it from a place and at a time individually chosen by that member of the public and to communicate it to the public by telecommunication in that way; and

    • (b) if it is in the form of a tangible object, to sell or otherwise transfer ownership of the tangible object, as long as that ownership has never previously been transferred in or outside Canada with the authorization of the owner of the copyright in the sound recording.

  • Marginal note:Conditions for copyright

    (2) Subsection (1) applies only if

    • (a) at the time of the first fixation or, if that first fixation was extended over a considerable period, during any substantial part of that period, the maker of the sound recording

      • (i) was a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act,

      • (ii) was a citizen or permanent resident of a Berne Convention country, a Rome Convention country, a WPPT country or a country that is a WTO Member, or

      • (iii) had its headquarters in one of those countries, in the case of a corporation; or

    • (b) the first publication of the sound recording in a quantity sufficient to satisfy the reasonable demands of the public occurred in any country referred to in paragraph (a).

  • Marginal note:Conditions for copyright

    (2.1) Subsection (1.1) applies if

    • (a) at the time of the first fixation or, if that first fixation was extended over a considerable period, during any substantial part of that period, the maker of the sound recording

      • (i) was a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

      • (ii) had its headquarters in Canada, in the case of a corporation; or

    • (b) the first publication of the sound recording in a quantity sufficient to satisfy the reasonable demands of the public occurred in Canada.

  • Marginal note:Conditions for copyright

    (2.2) Subsection (1.1) also applies if

    • (a) at the time of the first fixation or, if that first fixation was extended over a considerable period, during any substantial part of that period, the maker of the sound recording

      • (i) was a citizen or permanent resident of a WPPT country, or

      • (ii) had its headquarters in a WPPT country, in the case of a corporation; or

    • (b) the first publication of the sound recording in a quantity sufficient to satisfy the reasonable demands of the public occurred in a WPPT country.

  • Marginal note:Publication

    (3) The first publication is deemed to have occurred in a country referred to in paragraph (2)(a) notwithstanding that it in fact occurred previously elsewhere, if the interval between those two publications does not exceed thirty days.

  • Marginal note:Publication

    (4) The first publication of a sound recording is deemed to have occurred in a WPPT country, despite an earlier publication elsewhere, if the interval between the publication in that WPPT country and the earlier publication does not exceed 30 days.

  • R.S., 1985, c. C-42, s. 18

  • R.S., 1985, c. 10 (4th Supp.), s. 17(F)

  • 1994, c. 47, s. 59

  • 1997, c. 24, s. 14

  • 2001, c. 27, s. 237

  • 2012, c. 20, s. 11

  • 5 (1) Subject to this Act, copyright shall subsist in Canada, for the term hereinafter mentioned, in every original literary, dramatic, musical and artistic work if any one of the following conditions is met:

    • (a) in the case of any work, whether published or unpublished, including a cinematographic work, the author was, at the date of the making of the work, a citizen or subject of, or a person ordinarily resident in, a treaty country;

    • (b) in the case of a cinematographic work, whether published or unpublished, the maker, at the date of the making of the cinematographic work,

      • (i) if a corporation, had its headquarters in a treaty country, or

      • (ii) if a natural person, was a citizen or subject of, or a person ordinarily resident in, a treaty country; or

    • (c) in the case of a published work, including a cinematographic work,

      • (i) in relation to subparagraph 2.2(1)(a)(i), the first publication in such a quantity as to satisfy the reasonable demands of the public, having regard to the nature of the work, occurred in a treaty country, or

      • (ii) in relation to subparagraph 2.2(1)(a)(ii) or (iii), the first publication occurred in a treaty country.

  • Marginal note:Protection for older works

    (1.01) For the purposes of subsection (1), a country that becomes a Berne Convention country, a WCT country or a WTO Member after the date of the making or publication of a work is deemed to have been a Berne Convention country, a WCT country or a WTO Member, as the case may be, at that date, subject to subsection (1.02) and sections 33 to 33.2.

  • Marginal note:Limitation

    (1.02) Subsection (1.01) does not confer copyright protection in Canada on a work whose term of copyright protection in the country referred to in that subsection had expired before that country became a Berne Convention country, a WCT country or a WTO Member, as the case may be.

  • Marginal note:Application of subsections (1.01) and (1.02)

    (1.03) Subsections (1.01) and (1.02) apply, and are deemed to have applied, regardless of whether the country in question became a Berne Convention country, a WCT country or a WTO Member before or after the coming into force of those subsections.

  • Marginal note:First publication

    (1.1) The first publication described in subparagraph (1)(c)(i) or (ii) is deemed to have occurred in a treaty country notwithstanding that it in fact occurred previously elsewhere, if the interval between those two publications did not exceed thirty days.

  • Marginal note:Idem

    (1.2) Copyright shall not subsist in Canada otherwise than as provided by subsection (1), except in so far as the protection conferred by this Act is extended as hereinafter provided to foreign countries to which this Act does not extend.

  • Marginal note:Minister may extend copyright to other countries

    (2) Where the Minister certifies by notice, published in the Canada Gazette, that any country that is not a treaty country grants or has undertaken to grant, either by treaty, convention, agreement or law, to citizens of Canada, the benefit of copyright on substantially the same basis as to its own citizens or copyright protection substantially equal to that conferred by this Act, the country shall, for the purpose of the rights conferred by this Act, be treated as if it were a country to which this Act extends, and the Minister may give a certificate, notwithstanding that the remedies for enforcing the rights, or the restrictions on the importation of copies of works, under the law of such country, differ from those in this Act.

  • (2.1) [Repealed, 1994, c. 47, s. 57]

  • (3) to (6) [Repealed, 1997, c. 24, s. 5]

  • Marginal note:Reciprocity protection preserved

    (7) For greater certainty, the protection to which a work is entitled by virtue of a notice published under subsection (2), or under that subsection as it read at any time before the coming into force of this subsection, is not affected by reason only of the country in question becoming a treaty country.

  • R.S., 1985, c. C-42, s. 5

  • 1993, c. 15, s. 2, c. 44, s. 57

  • 1994, c. 47, s. 57

  • 1997, c. 24, s. 5

  • 2001, c. 34, s. 34

  • 2012, c. 20, s. 5

Previous Version

Term of Copyright

Marginal note:Term of copyright

6 The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the life of the author, the remainder of the calendar year in which the author dies, and a period of fifty years following the end of that calendar year.

  • R.S., 1985, c. C-42, s. 6

  • 1993, c. 44, s. 58

Marginal note:Anonymous and pseudonymous works

6.1 Except as provided in section 6.2, where the identity of the author of a work is unknown, copyright in the work shall subsist for whichever of the following terms ends earlier:

  • (a) a term consisting of the remainder of the calendar year of the first publication of the work and a period of fifty years following the end of that calendar year, and

  • (b) a term consisting of the remainder of the calendar year of the making of the work and a period of seventy-five years following the end of that calendar year,

but where, during that term, the author’s identity becomes commonly known, the term provided in section 6 applies.

  • 1993, c. 44, s. 58

Marginal note:Anonymous and pseudonymous works of joint authorship

6.2 Where the identity of all the authors of a work of joint authorship is unknown, copyright in the work shall subsist for whichever of the following terms ends earlier:

  • (a) a term consisting of the remainder of the calendar year of the first publication of the work and a period of fifty years following the end of that calendar year, and

  • (b) a term consisting of the remainder of the calendar year of the making of the work and a period of seventy-five years following the end of that calendar year,

but where, during that term, the identity of one or more of the authors becomes commonly known, copyright shall subsist for the life of whichever of those authors dies last, the remainder of the calendar year in which that author dies, and a period of fifty years following the end of that calendar year.

  • 1993, c. 44, s. 58

Marginal note:Term of copyright in posthumous works

  • 7 (1) Subject to subsection (2), in the case of a literary, dramatic or musical work, or an engraving, in which copyright subsists at the date of the death of the author or, in the case of a work of joint authorship, at or immediately before the date of the death of the author who dies last, but which has not been published or, in the case of a lecture or a dramatic or musical work, been performed in public or communicated to the public by telecommunication, before that date, copyright shall subsist until publication, or performance in public or communication to the public by telecommunication, whichever may first happen, for the remainder of the calendar year of the publication or of the performance in public or communication to the public by telecommunication, as the case may be, and for a period of fifty years following the end of that calendar year.

  • Marginal note:Application of subsection (1)

    (2) Subsection (1) applies only where the work in question was published or performed in public or communicated to the public by telecommunication, as the case may be, before the coming into force of this section.

  • Marginal note:Transitional provision

    (3) Where

    • (a) a work has not, at the coming into force of this section, been published or performed in public or communicated to the public by telecommunication,

    • (b) subsection (1) would apply to that work if it had been published or performed in public or communicated to the public by telecommunication before the coming into force of this section, and

    • (c) the relevant death referred to in subsection (1) occurred during the period of fifty years immediately before the coming into force of this section,

    copyright shall subsist in the work for the remainder of the calendar year in which this section comes into force and for a period of fifty years following the end of that calendar year, whether or not the work is published or performed in public or communicated to the public by telecommunication after the coming into force of this section.

  • Marginal note:Transitional provision

    (4) Where

    • (a) a work has not, at the coming into force of this section, been published or performed in public or communicated to the public by telecommunication,

    • (b) subsection (1) would apply to that work if it had been published or performed in public or communicated to the public by telecommunication before the coming into force of this section, and

    • (c) the relevant death referred to in subsection (1) occurred more than fifty years before the coming into force of this section,

    copyright shall subsist in the work for the remainder of the calendar year in which this section comes into force and for a period of five years following the end of that calendar year, whether or not the work is published or performed in public or communicated to the public by telecommunication after the coming into force of this section.

  • R.S., 1985, c. C-42, s. 7

  • 1993, c. 44, s. 58

  • 1997, c. 24, s. 6

Best running economy on Earth... They made me King... 

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   whether in tort (including negligence), contract, or otherwise,

   unless required by applicable law (such as deliberate and grossly

   negligent acts) or agreed to in writing, shall any Contributor be

   liable to You for damages, including any direct, indirect, special,

   incidental, or consequential damages of any character arising as a

   result of this License or out of the use or inability to use the

   Work (including but not limited to damages for loss of goodwill,

   work stoppage, computer failure or malfunction, or any and all

   other commercial damages or losses), even if such Contributor

   has been advised of the possibility of such damages.

 

9. Accepting Warranty or Additional Liability. While redistributing

   the Work or Derivative Works thereof, You may choose to offer,

   and charge a fee for, acceptance of support, warranty, indemnity,

   or other liability obligations and/or rights consistent with this

   License. However, in accepting such obligations, You may act only

   on Your own behalf and on Your sole responsibility, not on behalf

   of any other Contributor, and only if You agree to indemnify,

   defend, and hold each Contributor harmless for any liability

   incurred by, or claims asserted against, such Contributor by reason

   of your accepting any such warranty or additional liability.

 

END OF TERMS AND CONDITIONS