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INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - CANADA

Copyright Act - Chapter C-42



(Continued)

INDEX

PART V

ADMINISTRATION

COPYRIGHT OFFICE

Copyright Office

Powers of Commissioner and Registrar

Registrar

Register of Copyrights, certificates and certified copies

Other duties of Registrar

Control of business and officials

Register to be evidence

Owner of copyright

Assignee

Licensee

Admissibility

REGISTRATION

Register of Copyrights

Single entry sufficient

Indices

Inspection and extracts

Former registration effective

Subsisting copyright

Copyright in works

Application for registration

Copyright in subject-matter other than works

Application for registration

Recovery of damages

Registration of assignment or licence

When assignment or licence is void

Rectification of Register by the Court

Execution of instruments

Execution of instruments

Seals to be evidence

Other testimony

FEES

Fees regulations

PART VI

MISCELLANEOUS PROVISIONS

SUBSTITUTED RIGHT

Subsistence of substituted right

Where author has assigned the right

Definition of "author"

Works made before this Act in force

CLERICAL ERRORS

Clerical errors do not invalidate

REGULATIONS

Regulations

Rights saved

INDUSTRIAL DESIGNS AND TOPOGRAPHIES

Interpretation

Non-infringement re certain designs

Exception

Idem

Non-infringement re useful article features

Exception

Application of Act to topographies

Computer programs

Definitions

PART VII

COPYRIGHT BOARD AND COLLECTIVE ADMINISTRATION OF COPYRIGHT

COPYRIGHT BOARD

Establishment

Service

Chairman

Tenure

Re-appointment

Prohibition

Members deemed public service employees

Duties of chairman

Absence or incapacity of chairman

Duties of vice-chairman

Remuneration and expenses

Conflict of interest prohibited

Termination of conflict of interest

Staff

Idem

Technical assistance

Concluding matters after membership expires

Decisions

Interim decisions

Variation of decisions

Regulations

Publication of proposed regulations

Exception

General powers, etc.

Enforcement of decisions

Procedure

Effect of variation of decision

Distribution, publication of notices

Studies

Report

Tabling

Regulations

COLLECTIVE ADMINISTRATION OF PERFORMING RIGHTS AND OF COMMUNICATION RIGHTS

Public access to repertoires

Filing of proposed tariffs

Where no previous tariff

Effective period of tariffs

Prohibition of enforcement

Publication of proposed tariffs

Board to consider proposed tariffs and objections

Criteria and factors

Certification

Publication of approved tariffs

Special and transitional royalty rates

Effect of paying royalties

Definition of "advertising revenues"

Preferential royalty rates

Regulations

Effect of fixing royalties

Proceedings barred if royalties tendered or paid

Continuation of rights

PUBLIC PERFORMANCES IN PLACES OTHER THAN THEATRES

Radio performances in places other than theatres

Expenses to be taken into account

COLLECTIVE ADMINISTRATION IN RELATION TO RIGHTS UNDER SECTIONS 3, 15, 18 AND 21

Collective Societies

Public information

Tariff or agreement

Tariffs

Filing of proposed tariffs

Where no previous tariff

Application of certain provisions

Certification

Application of certain provisions

Distribution, publication of notices

Prohibition of enforcement

Continuation of rights

Where agreement exists

Agreement

Fixing of Royalties in Individual Cases

Application to fix amount of royalty, etc.

Fixing royalties, etc.

Agreement

Idem

Effect of Board decision

Examination of Agreements

Definition of "Director"

Filing agreement with the Board

Idem

Access by Director

Request for examination

Examination and fixing of royalty

Idem

ROYALTIES IN PARTICULAR CASES

Filing of proposed tariffs

Times for filing

Where no previous tariff

Effective period of tariffs

Publication of proposed tariffs

Board to consider proposed tariffs and objections

Certification

No discrimination

Publication of approved tariffs

Special case

Regulations

Effect of fixing royalties

Claims by non-members

Royalties that may be recovered

Exclusion of remedies

Regulations

OWNERS WHO CANNOT BE LOCATED

Circumstances in which licence may be issued by Board

Conditions of licence

Payment to owner

Regulations

COMPENSATION FOR ACTS DONE BEFORE RECOGNITION OF COPYRIGHT OR MORAL RIGHTS

Board may determine compensation

Limitation

Interim orders

PART VIII

PRIVATE COPYING

Interpretation

Definitions

Copying for Private Use

Where no infringement of copyright

Limitation

Right of Remuneration

Assignment of rights

Levy on Blank Audio Recording Media

Liability to pay levy

No levy for exports

Filing of proposed tariffs

Collecting body

Times for filing

Where no previous tariff

Effective period of levies

Publication of proposed tariffs

Board to consider proposed tariffs and objections

Duties of Board

Factors Board to consider

Publication of approved tariffs

Authors, etc., not represented by collective society

Exclusion of other remedies

Powers of Board

Single proposed tariff

Distribution of Levies Paid

Distribution by collecting body

Reciprocity

Reciprocity

Application of Act

Application of Act

Exemption from Levy

Where no levy payable

Refunds

If registration system exists

Regulations

Civil Remedies

Right of recovery

Failure to pay royalties

Order directing compliance

Factors to consider

PART IX

GENERAL PROVISIONS

No copyright, etc., except by statute

Interpretation

Adherence to Berne and Rome Conventions

Review of Act

Reference to parliamentary committee

SCHEDULE I

EXISTING RIGHTS

SCHEDULE II

SCHEDULE III

RELATED PROVISIONS

Restriction

Idem

Application re computer programs

Making of records, perforated rolls, etc.

Infringements before coming into force

Continuation in office

First certified statements of royalties

Transitional: Statements of royalties

No duplication of royalties

Where this Act does not apply

Application of amendments to s. 10

Application of amendments to s. 11

Application of certain amendments

Idem

Cinematographs

Idem

Application of section 5

Coming into force

AMENDMENTS NOT IN FORCE

Term of copyright in photographs

Where author majority shareholder

Author of photograph

News and commentary

Royalties for reproduction and performance

Reproduction of broadcast

Royalties for reproduction

Royalties for performance

Records and marking

Regulations

Libraries, Archives and Museums

Management and maintenance of collection

Limitation

Destruction of intermediate copies

Regulations

Research or private study

Copies of articles for research, etc.

Restriction

Conditions

Patrons of other libraries, etc.

Destruction of intermediate copies

Regulations

Copying works deposited in archive

Notice

Regulations

Where copyright owner cannot be found

Notice

Posthumous works

Machines Installed in Educational Institutions, Libraries, Archives and Museums

No infringement by educational institution, etc.

Application

Order

Agreement with copyright owner

Regulations

Ephemeral Recordings

Record keeping

Right of access by copyright owners

Destruction

Royalties

Archive

Definition of "official archive"

Application

Telecommunications by networks

Limitations

Definition of "programming undertaking"

The undertaking must hold a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act.

Pre-recorded recordings

Record keeping

Right of access by copyright owners

Destruction

Royalty

Application

Definition of "broadcasting undertaking"

Summary proceedings

Practice and procedure

Actions

Meaning of "application"

Statutory damages

Where defendant unaware of infringement

Special case

Collective societies

Factors to consider

No award

Exemplary or punitive damages not affected

Maximum amount that may be recovered

Agreements with more than one collective society

Application

Wide injunction

Application of injunction


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