INTELLECTUAL PROPERTY RIGHTS
NATIONAL LEGISLATION - CANADA
Copyright Act - Chapter C-42
INDEX
SHORT TITLE
INTERPRETATION
Definitions
Compilations
Idem
Definition of "maker"
Definition of "publication"
Issue of photographs and engravings
Where no consent of copyright owner
Unpublished works
Telecommunication
Communication to the public by telecommunication
Regulations
Exception
What constitutes rental
Motive of gain
Exclusive distributor
Exclusive licence
PART I
COPYRIGHT AND MORAL RIGHTS IN WORKS
COPYRIGHT
Copyright in works
Simultaneous fixing
WORKS IN WHICH COPYRIGHT MAY SUBSIST
Conditions for subsistence of copyright
Protection for older works
Limitation
Application of subsections (1.01) and (1.02)
First publication
Idem
Minister may extend copyright to other countries
Reciprocity protection preserved
TERM OF COPYRIGHT
Term of copyright
Anonymous and pseudonymous works
Anonymous and pseudonymous works of joint authorship
Term of copyright in posthumous works
Application of subsection (1)
Transitional provision
Transitional provision
Cases of joint authorship
Nationals of other countries
Term of copyright in photographs
Author of photograph
Cinematographic works
Where copyright belongs to Her Majesty
OWNERSHIP OF COPYRIGHT
Ownership of copyright
Engraving, photograph or portrait
Work made in the course of employment
Assignments and licences
Ownership in case of partial assignment
Assignment of right of action
Exclusive licence
Limitation where author is first owner of copyright
Restriction
MORAL RIGHTS
Moral rights
No assignment of moral rights
No waiver by assignment
Effect of waiver
Term
Succession
Subsequent succession
PART II
COPYRIGHT IN PERFORMER'S PERFORMANCES,
SOUND RECORDINGS AND COMMUNICATION SIGNALS
PERFORMERS' RIGHTS
Copyright in performer's performance
Conditions
Publication
Contractual arrangements
Cinematographic works
Right to remuneration
Application of subsection (2)
Exception
RIGHTS OF SOUND RECORDING MAKERS
Conditions for copyright
Conditions for copyright
Publication
PROVISIONS APPLICABLE TO BOTH
PERFORMERS AND SOUND RECORDING MAKERS
Right to remuneration
Royalties
Division of royalties
Conditions
Exception
Exception
Application of section 19
RIGHTS OF BROADCASTERS
Copyright in communication signals
Conditions for copyright
Exception
RECIPROCITY
Reciprocity
Reciprocity
Application of Act
Application of Act
TERM OF RIGHTS
Term of rights
Term of right to remuneration
Application of subsections (1) and (2)
Berne Convention countries, Rome Convention countries, WTO Members
Where term of protection expired
OWNERSHIP OF COPYRIGHT
Ownership of copyright
Assignment of rights
PERFORMERS' RIGHTS - WTO COUNTRIES
Performer's performance in WTO country
Where country joins WTO after Jan. 1, 1996
Performer's performances before Jan. 1, 1996
Where country joins WTO after Jan. 1, 1996
Term of performer's rights
Assignment of rights
Limitation
PART III
INFRINGEMENT OF COPYRIGHT AND MORAL
RIGHTS AND EXCEPTIONS TO INFRINGEMENT
INFRINGEMENT OF COPYRIGHT
General
Infringement generally
Secondary infringement
Knowledge of importer
Plates
Public performance for profit
Parallel Importation of Books
Importation of books
Secondary infringement
Limitation
Exclusive distributor
Notice
Regulations
MORAL RIGHTS INFRINGEMENT
Infringement generally
Nature of right of integrity
Where prejudice deemed
When work not distorted, etc.
EXCEPTIONS
Fair Dealing
Research or private study
Criticism or review
News reporting
Acts Undertaken without Motive of Gain
Motive of gain
Cost recovery
Educational Institutions
Reproduction for instruction
Reproduction for examinations, etc.
Where work commercially available
Performances
Unlawful reception
Literary collections
Libraries, Archives and Museums in Educational Institutions
Application to libraries, etc. within educational institutions
National Archives of Canada
Copies for archival purposes
Computer Programs
Permitted acts
Incidental Inclusion
Incidental use
Retransmission
Interpretation
Retransmission of local signals
Regulations
Persons with Perceptual Disabilities
Reproduction in alternate format
Limitation
Limitation
Statutory Obligations
No infringement
Limitation
Destruction of fixation or copy
Miscellaneous
Permitted acts
Further permitted acts
Further permitted acts
INTERPRETATION
No right to equitable remuneration
COMPENSATION FOR ACTS DONE BEFORE RECOGNITION
OF COPYRIGHT OF PERFORMERS AND BROADCASTERS
Certain rights and interests protected
Compensation
Limitation
Certain rights and interests protected
Compensation
Limitation
COMPENSATION FOR ACTS DONE BEFORE
RECOGNITION OF COPYRIGHT OR MORAL RIGHTS
Certain rights and interests protected
Compensation
PART IV
REMEDIES
CIVIL REMEDIES
Copyright
Moral rights
Costs
Idem
Presumptions respecting copyright and ownership
Where no grant registered
Liability for infringement
Proof of profits
Protection of separate rights
Where copyright owner to be made party
Owner's liability for costs
Apportionment of damages, profits
Concurrent jurisdiction of Federal Court
Recovery of possession of copies, plates
Powers of court
Notice to interested persons
Circumstances court to consider
Limitation
Injunction only remedy when defendant not aware of copyright
Exception where copyright registered
No injunction in case of a building
Certain remedies inapplicable
Limitation period for civil remedies
Restriction
CRIMINAL REMEDIES
Offences and punishment
Possession and performance offences and punishment
Power of court to deal with copies or plates
Limitation period
Parallel importation of books
Infringement in case of dramatic, operatic or musical work
Change or suppression of title or author's name
IMPORTATION
Importation of certain copyright works prohibited
Definitions
Power of court
Who may apply
Order of court
How application made
Court may require security
Application for directions
Minister may allow inspection
Where applicant fails to commence an action
Where court finds in plaintiff's favour
Other remedies not affected
Importation of books
Who may apply
Limitation
Application of certain provisions
Limitation
Importation of other subject-matter
Exceptions
Satisfactory evidence
Continue with INDEX of Copyright Act - Chapter C-42
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