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