Canada: Consolidation Of Amendments To The Copyright Act

Last Updated: December 20 2012
Article by Kevin Sartorio

Most Read Contributor in Canada, October 2018

Edited by Michael Crichton

Short Title

1. This Act may be cited as the Copyright Act.

INTERPRETATION

Definitions

2. In this Act,

"architectural work" means any building or structure or any model of a building or structure;

"architectural work of art" [Repealed, 1993, c. 44, s. 53]

"artistic work" includes paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanship, architectural works, and compilations of artistic works;

"Berne Convention country" means a country that is a party to the Convention for the Protection of Literary and Artistic Works concluded at Berne on September 9, 1886, or any one of its revisions, including the Paris Act of 1971;

"Board" means the Copyright Board established by subsection 66(1);

"book" means a volume or a part or division of a volume, in printed form, but does not include

a) a pamphlet,

b) a newspaper, review, magazine or other periodical,

c) a map, chart, plan or sheet music where the map, chart, plan or sheet music is separately published, and

d) an instruction or repair manual that accompanies a product or that is supplied as an accessory to a service;

"broadcaster" means a body that, in the course of operating a broadcasting undertaking, broadcasts a communication signal in accordance with the law of the country in which the broadcasting undertaking is carried on, but excludes a body whose primary activity in relation to communication signals is their retransmission;

"choreographic work" includes any work of choreography, whether or not it has any story line;

"cinematograph" [Repealed, 1997, c. 24, s. 1]

"cinematographic work" includes any work expressed by any process analogous to cinematography, whether or not accompanied by a soundtrack;

"collective society" means a society, association or corporation that carries on the business of collective administration of copyright or of the remuneration right conferred by section 19 or 81 for the benefit of those who, by assignment, grant of licence, appointment of it as their agent or otherwise, authorize it to act on their behalf in relation to that collective administration, and

a) operates a licensing scheme, applicable in relation to a repertoire of works, performer's performances, sound recordings or communication signals of more than one author, performer, sound recording maker or broadcaster, pursuant to which the society, association or corporation sets out classes of uses that it agrees to authorize under this Act, and the royalties and terms and conditions on which it agrees to authorize those classes of uses, or

b) carries on the business of collecting and distributing royalties or levies payable pursuant to this Act;

"collective work" means

a) an encyclopaedia, dictionary, year book or similar work,

b) a newspaper, review, magazine or similar periodical, and

c) any work written in distinct parts by different authors, or in which works or parts of works of different authors are incorporated;

"commercially available" means, in relation to a work or other subject-matter,

a) available on the Canadian market within a reasonable time and for a reasonable price and may be located with reasonable effort, or

b) for which a licence to reproduce, perform in public or communicate to the public by telecommunication is available from a collective society within a reasonable time and for a reasonable price and may be located with reasonable effort;

"communication signal" means radio waves transmitted through space without any artificial guide, for reception by the public;

compilation" means

a) a work resulting from the selection or arrangement of literary, dramatic, musical or artistic works or of parts thereof, or

b) a work resulting from the selection or arrangement of data;

"computer program" means a set of instructions or statements, expressed, fixed, embodied or

stored in any manner, that is to be used directly or indirectly in a computer in order to bring about a specific result;

"copyright" means the rights described in

a) section 3, in the case of a work,

b) sections 15 and 26, in the case of a performer's performance,

c) section 18, in the case of a sound recording, or

d) section 21, in the case of a communication signal;

"country" includes any territory;

"defendant" includes a respondent to an application;

"delivery" [Repealed, 1997, c. 24, s. 1]

"dramatic work" includes

a) any piece for recitation, choreographic work or mime, the scenic arrangement or acting form of which is fixed in writing or otherwise,

b) any cinematographic work, and

c) any compilation of dramatic works;

"educational institution" means

a) a non-profit institution licensed or recognized by or under an Act of Parliament or the legislature of a province to provide pre-school, elementary, secondary or post-secondary education,

b) a non-profit institution that is directed or controlled by a board of education regulated by or under an Act of the legislature of a province and that provides continuing, professional or vocational education or training,

c) a department or agency of any order of government, or any non-profit body, that controls or

supervises education or training referred to in paragraph (a) or (b), or

d) any other non-profit institution prescribed by regulation;

"engravings" includes etchings, lithographs, woodcuts, prints and other similar works, not being photographs;

"every original literary, dramatic, musical and artistic work" includes every original production in the literary, scientific or artistic domain, whatever may be the mode or form of its expression, such as compilations, books, pamphlets and other writings, lectures, dramatic or dramatico-musical works, musical works, translations, illustrations, sketches and plastic works relative to geography, topography, architecture or science;

"exclusive distributor" means, in relation to a book, a person who

a) has, before or after the coming into force of this definition, been appointed in writing, by the owner or exclusive licensee of the copyright in the book in Canada, as

(i) the only distributor of the book in Canada or any part of Canada, or

(ii) the only distributor of the book in Canada or any part of Canada in respect of a particular sector of the market, and

b) meets the criteria established by regulations made under section 2.6,

and, for greater certainty, if there are no regulations made under section 2.6, then no person qualifies under this definition as an "exclusive distributor";

"Her Majesty's Realms and Territories" [Repealed, 1997, c. 24, s. 1] "infringing" means

a) in relation to a work in which copyright subsists, any copy, including any colourable imitation, made or dealt with in contravention of this Act,

b) in relation to a performer's performance in respect of which copyright subsists, any fixation or copy of a fixation of it made or dealt with in contravention of this Act,

c) in relation to a sound recording in respect of which copyright subsists, any copy of it made or dealt with in contravention of this Act, or

d) in relation to a communication signal in respect of which copyright subsists, any fixation or

copy of a fixation of it made or dealt with in contravention of this Act.

The definition includes a copy that is imported in the circumstances set out in paragraph 27(2)(e) and section 27.1 but does not otherwise include a copy made with the consent of the owner of the copyright in the country where the copy was made;

"lecture" includes address, speech and sermon;

"legal representatives" includes heirs, executors, administrators, successors and assigns, or agents or attorneys who are thereunto duly authorized in writing;

"library, archive or museum" means

a) an institution, whether or not incorporated, that is not established or conducted for profit or that does not form a part of, or is not administered or directly or indirectly controlled by, a body that is established or conducted for profit, in which is held and maintained a collection of documents and other materials that is open to the public or to researchers, or

b) any other non-profit institution prescribed by regulation;

"literary work" includes tables, computer programs, and compilations of literary works; "maker" means

a) in relation to a cinematographic work, the person by whom the arrangements necessary for the making of the work are undertaken, or

b) in relation to a sound recording, the person by whom the arrangements necessary for the first fixation of the sounds are undertaken;

"Minister", except in section 44.1, means the Minister of Industry;

"moral rights" means the rights described in subsections 14.1(1);

"moral rights" means the rights described in subsections 14.1(1) and 17.1(1);

"musical work" means any work of music or musical composition, with or without words, and includes any compilation thereof;

"perceptual disability" means a disability that prevents or inhibits a person from reading or hearing a literary, musical, dramatic or artistic work in its original format, and includes such a disability resulting from

a) severe or total impairment of sight or hearing or the inability to focus or move one's eyes,

b) the inability to hold or manipulate a book, or

c) an impairment relating to comprehension;

"performance" means any acoustic or visual representation of a work, performer's performance, sound recording or communication signal, including a representation made by means of any mechanical instrument, radio receiving set or television receiving set;

"performer's performance" means any of the following when done by a performer:

a) a performance of an artistic work, dramatic work or musical work, whether or not the work was previously fixed in any material form, and whether or not the work's term of copyright protection under this Act has expired,

b) a recitation or reading of a literary work, whether or not the work's term of copyright protection under this Act has expired, or

c) an improvisation of a dramatic work, musical work or literary work, whether or not the improvised work is based on a pre-existing work;

"photograph" includes photo-lithograph and any work expressed by any process analogous to photography;

"plaintiff" includes an applicant;

"plate" includes

a) any stereotype or other plate, stone, block, mould, matrix, transfer or negative used or intended to be used for printing or reproducing copies of any work, and

b) any matrix or other appliance used or intended to be used for making or reproducing sound recordings, performer's performances or communication signals;

"premises" means, in relation to an educational institution, a place where education or training referred to in the definition "educational institution" is provided, controlled or supervised by the educational institution;

"receiving device" [Repealed, 1993, c. 44, s. 79]

"Rome Convention country" means a country that is a party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, done at Rome on October 26, 1961;

"sculpture" includes a cast or model;

"sound recording" means a recording, fixed in any material form, consisting of sounds, whether or not of a performance of a work, but excludes any soundtrack of a cinematographic work where it accompanies the cinematographic work;

"telecommunication" means any transmission of signs, signals, writing, images or sounds or intelligence of any nature by wire, radio, visual, optical or other electromagnetic system;

"treaty country" means a Berne Convention country, UCC country or WTO Member;

"treaty country" means a Berne Convention country, UCC country, WCT country or WTO Member;

"UCC country" means a country that is a party to the Universal Copyright Convention, adopted on September 6, 1952 in Geneva, Switzerland, or to that Convention as revised in Paris, France on July 24, 1971;

"WCT country" means a country that is a party to the WIPO Copyright Treaty, adopted in Geneva on December 20, 1996;

"work" includes the title thereof when such title is original and distinctive;

"work of joint authorship" means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors;

"work of sculpture" [Repealed, 1997, c. 24, s. 1]

"WPPT country" means a country that is a party to the WIPO Performances and Phonograms Treaty, adopted in Geneva on December 20, 1996;

"WTO Member" means a Member of the World Trade Organization as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act.

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