Copyright Act (R.S.C., 1985, c. C-42)

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.

Regulations

Marginal note: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.

Industrial Designs and Topographies

63 [Repealed, 1997, c. 24, s. 38]

Marginal note:Interpretation

• 64 (1) In this section and section 64.1,

  article

  article means any thing that is made by hand, tool or machine; (objet)

  design

  design means features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye; (dessin)

  useful article

  useful article means an article that has a utilitarian function and includes a model of any such article; (objet utilitaire)

  utilitarian function

  utilitarian function, in respect of an article, means a function other than merely serving as a substrate or carrier for artistic or literary matter. (fonction utilitaire)

• Marginal note:Non-infringement re certain designs

  (2) Where copyright subsists in a design applied to a useful article or in an artistic work from which the design is derived and, by or under the authority of any person who owns the copyright in Canada or who owns the copyright elsewhere,

  • (a) the article is reproduced in a quantity of more than fifty, or

  • (b) where the article is a plate, engraving or cast, the article is used for producing more than fifty useful articles,

  it shall not thereafter be an infringement of the copyright or the moral rights for anyone

  • (c) to reproduce the design of the article or a design not differing substantially from the design of the article by

    • (i) making the article, or

    • (ii) making a drawing or other reproduction in any material form of the article, or

  • (d) to do with an article, drawing or reproduction that is made as described in paragraph (c) anything that the owner of the copyright has the sole right to do with the design or artistic work in which the copyright subsists.

• Marginal note:Exception

  (3) Subsection (2) does not apply in respect of the copyright or the moral rights in an artistic work in so far as the work is used as or for

  • (a) a graphic or photographic representation that is applied to the face of an article;

  • (b) a trademark or a representation thereof or a label;

  • (c) material that has a woven or knitted pattern or that is suitable for piece goods or surface coverings or for making wearing apparel;

  • (d) an architectural work that is a building or a model of a building;

  • (e) a representation of a real or fictitious being, event or place that is applied to an article as a feature of shape, configuration, pattern or ornament;

  • (f) articles that are sold as a set, unless more than fifty sets are made; or

  • (g) such other work or article as may be prescribed by regulation.

• Marginal note:Idem

  (4) Subsections (2) and (3) apply only in respect of designs created after the coming into force of this subsection, and section 64 of this Act and the Industrial Design Act, as they read immediately before the coming into force of this subsection, as well as the rules made under them, continue to apply in respect of designs created before that coming into force.

Marginal note:Non-infringement re useful article features

• 64.1 (1) The following acts do not constitute an infringement of the copyright or moral rights in a work:

  • (a) applying to a useful article features that are dictated solely by a utilitarian function of the article;

  • (b) by reference solely to a useful article, making a drawing or other reproduction in any material form of any features of the article that are dictated solely by a utilitarian function of the article;

  • (c) doing with a useful article having only features described in paragraph (a), or with a drawing or reproduction made as described in paragraph (b), anything that the owner of the copyright has the sole right to do with the work; and

  • (d) using any method or principle of manufacture or construction.

• Marginal note:Exception

  (2) Nothing in subsection (1) affects

  • (a) the copyright, or

  • (b) the moral rights, if any,

  in any sound recording, cinematograph film or other contrivance by means of which a work may be mechanically reproduced or performed.

Marginal note:Application of Act to topographies

• 64.2 (1) This Act does not apply, and shall be deemed never to have applied, to any topography or to any design, however expressed, that is intended to generate all or part of a topography.

• Marginal note:Computer programs

  (2) For greater certainty, the incorporation of a computer program into an integrated circuit product or the incorporation of a work into such a computer program may constitute an infringement of the copyright or moral rights in a work.

• Marginal note:Definitions

  (3) In this section, “topography” and “integrated circuit product” have the same meaning as in the Integrated Circuit Topography Act.

65 [Repealed, 1993, c. 44, s. 69]

PART VIICopyright Board

Marginal note:Establishment

• 66 (1) There is established a Board to be known as the Copyright Board, consisting of not more than five members, including a Chair and a Vice-chair, to be appointed by the Governor in Council.

• Marginal note:Service

  (2) The members of the Board shall be appointed to serve either full-time or part-time.

• Marginal note:Chair

  (3) The Chair must be a judge, either sitting or retired, of a superior court.

• Marginal note:Tenure

  (4) Each member of the Board shall hold office during good behaviour for a term not exceeding five years, but may be removed at any time by the Governor in Council for cause.

• Marginal note:Re-appointment

  (5) A member of the Board is eligible to be re-appointed once only.

• Marginal note:Prohibition

  (6) A member of the Board shall not be employed in the public service within the meaning of the Federal Public Sector Labour Relations Act during the member’s term of office.

• Marginal note:Members deemed public service employees

  (7) A full-time member of the Board, other than the Chair, is deemed to be employed in

  • (a) the public service for the purposes of the Public Service Superannuation Act; and

  • (b) the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.

Marginal note:Duties of Chair

• 66.1 (1) The Chair shall direct the work of the Board and apportion its work among its members.

• Marginal note:Absence or incapacity of Chair

  (2) If the Chair is absent or incapacitated or if the office of Chair is vacant, the Vice-chair has all the powers and functions of the Chair during the absence, incapacity or vacancy.

• Marginal note:Duties of Vice-chair

  (3) The Vice-chair is the chief executive officer of the Board and has supervision over and direction of the Board and its staff.

Marginal note:Remuneration and expenses

66.2 The members of the Board shall be paid such remuneration as may be fixed by the Governor in Council and are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties under this Act while absent from their ordinary place of residence.

Marginal note:Conflict of interest prohibited

• 66.3 (1) A member of the Board shall not, directly or indirectly, engage in any activity, have any interest in a business or accept or engage in any office or employment that is inconsistent with the member’s duties.

• Marginal note:Termination of conflict of interest

  (2) Where a member of the Board becomes aware that he is in a conflict of interest contrary to subsection (1), the member shall, within one hundred and twenty days, terminate the conflict or resign.

Marginal note:Staff

• 66.4 (1) Such officers and employees as are necessary for the proper conduct of the work of the Board shall be appointed in accordance with the Public Service Employment Act.

• Marginal note:Idem

  (2) The officers and employees referred to in subsection (1) shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

• Marginal note:Technical assistance

  (3) The Board may engage on a temporary basis the services of persons having technical or specialized knowledge to advise and assist in the performance of its duties and the Board may, in accordance with Treasury Board directives, fix and pay the remuneration and expenses of those persons.

Marginal note:Concluding matters after membership expires

• 66.5 (1) A member of the Board whose term expires may conclude the matters that the member has begun to consider.

• Marginal note:Decisions

  (2) Matters before the Board shall be decided by a majority of the members of the Board and the presiding member shall have a second vote in the case of a tie.

Marginal note:Fair and equitable

66.501 The Board shall fix royalty and levy rates and any related terms and conditions under this Act that are fair and equitable, in consideration of

• (a) what would have been agreed upon between a willing buyer and a willing seller acting in a competitive market with all relevant information, at arm’s length and free of external constraints;

• (b) the public interest;

• (c) any regulation made under subsection 66.91(1); and

• (d) any other criterion that the Board considers appropriate.

Marginal note:Informal and expeditious

66.502 All matters before the Board shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit but, in any case, within any period or no later than any day provided for under this Act.

Marginal note:For greater certainty

66.503 For greater certainty, any person or entity may authorize any other person or entity to act on their behalf in any matter before the Board.

Marginal note:Case manager

• 66.504 (1) The Chair may assign a member, officer or employee of the Board or a person engaged under subsection 66.4(3) to act as a case manager of a matter before the Board.

• Marginal note:Powers

  (2) The case manager may give any directions or make any orders with respect to the case management of the matter, but is not permitted to make a direction or order that is inconsistent with

  • (a) this Act;

  • (b) regulations made under subsection 66.6(1), unless authorized to do so under regulations made under paragraph 66.6(1.1)(b); or

  • (c) regulations made under paragraph 66.91(2)(a) to (c), unless authorized to do so under regulations made under paragraph 66.91(2)(d).

• Marginal note:Deemed direction or order of Board

  (3) A direction given, or an order made, by a case manager is deemed to be a direction or order of the Board, including for the purposes of paragraph 28(1)(j) of the Federal Courts Act.

• Marginal note:Delegation

  (4) The Chair may delegate his or her power under subsection (1) to the Vice-chair.