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Copyright Act (R.S.C., 1985, c. C-42)

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Act current to 2020-07-28 and last amended on 2020-07-01. Previous Versions

PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement (continued)

Interpretation

Marginal note:No right to equitable remuneration

 For the purposes of sections 29 to 32.2, an act that does not infringe copyright does not give rise to a right to remuneration conferred by section 19.

  • 1997, c. 24, s. 19

Compensation for Acts Done Before Recognition of Copyright of Performers and Broadcasters

Marginal note:Certain rights and interests protected

  •  (1) Notwithstanding section 27, where a person has, before the later of January 1, 1996 and the day on which a country becomes a WTO member, incurred an expenditure or liability in connection with, or in preparation for, the doing of an act that would have infringed copyright under section 26 commencing on the later of those days, had that country been a WTO member, any right or interest of that person that

    • (a) arises from or in connection with the doing of that act, and

    • (b) is subsisting and valuable on the later of those days

    is not prejudiced or diminished by reason only that that country has become a WTO member, except as provided by an order of the Board made under subsection 78(3).

  • Marginal note:Compensation

    (2) Notwithstanding subsection (1), a person’s right or interest that is protected by that subsection terminates if and when the owner of the copyright pays that person such compensation as is agreed to between the parties or, failing agreement, as is determined by the Board in accordance with section 78.

  • Marginal note:Limitation

    (3) Nothing in subsections (1) and (2) affects any right of a performer available in law or equity.

  • 1997, c. 24, s. 19

Marginal note:Certain rights and interests protected

  •  (1) Notwithstanding section 27, where a person has, before the later of the coming into force of Part II and the day on which a country becomes a Rome Convention country, incurred an expenditure or liability in connection with, or in preparation for, the doing of an act that would have infringed copyright under section 15 or 21 commencing on the later of those days, had Part II been in force or had that country been a Rome Convention country, any right or interest of that person that

    • (a) arises from or in connection with the doing of that act, and

    • (b) is subsisting and valuable on the later of those days

    is not prejudiced or diminished by reason only that Part II has come into force or that the country has become a Rome Convention country, except as provided by an order of the Board made under subsection 78(3).

  • Marginal note:Compensation

    (2) Notwithstanding subsection (1), a person’s right or interest that is protected by that subsection terminates if and when the owner of the copyright pays that person such compensation as is agreed to between the parties or, failing agreement, as is determined by the Board in accordance with section 78.

  • Marginal note:Limitation

    (3) Nothing in subsections (1) and (2) affects any right of a performer available in law or equity.

  • 1997, c. 24, s. 19

Marginal note:Certain rights and interests protected

 Despite sections 27, 28.1 and 28.2, if a person has, before the day on which subsection 15(1.1), 17.1(1) or 18(1.1) applies in respect of a particular performers’ performance or sound recording, incurred an expenditure or a liability in connection with, or in preparation for, the doing of an act that would, if done after that day, have infringed rights under that subsection, any right or interest of that person that arises from, or in connection with, the doing of that act and that is subsisting and valuable on that day is not, for two years after the day on which this section comes into force, prejudiced or diminished by reason only of the subsequent application of that subsection in respect of the performers’ performance or sound recording.

  • 2012, c. 20, s. 39

Compensation for Acts Done Before Recognition of Copyright or Moral Rights

Marginal note:Certain rights and interests protected

  •  (1) Despite subsections 27(1), (2) and (4) and sections 27.1, 28.1 and 28.2, if a person has, before the later of January 1, 1996 and the day on which a country becomes a treaty country other than a WCT country, incurred an expenditure or liability in connection with, or in preparation for, the doing of an act that, if that country had been such a treaty country, would have infringed copyright in a work or moral rights in respect of a work, any right or interest of that person that arises from, or in connection with, the doing of that act and that is subsisting and valuable on the later of those days is not, except as provided by an order of the Board made under subsection 78(3), prejudiced or diminished by reason only of that country having become such a treaty country.

  • Marginal note:Compensation

    (2) Notwithstanding subsection (1), a person’s right or interest that is protected by that subsection terminates, as against the copyright owner or author, if and when that copyright owner or the author, as the case may be, pays that person such compensation as is agreed to between the parties or, failing agreement, as is determined by the Board in accordance with section 78.

  • R.S., 1985, c. C-42, s. 33
  • R.S., 1985, c. 10 (4th Supp.), s. 7
  • 1997, c. 24, s. 19
  • 2012, c. 20, s. 40

Marginal note:Certain rights and interests protected

  •  (1) Despite subsections 27(1), (2) and (4) and sections 27.1, 28.1 and 28.2, if a person has, before the later of the day on which this section comes into force and the day on which a country that is a treaty country but not a WCT country becomes a WCT country, incurred an expenditure or liability in connection with, or in preparation for, the doing of an act that, if that country had been a WCT country, would have infringed a right under paragraph 3(1)(j), any right or interest of that person that arises from, or in connection with, the doing of that act and that is subsisting and valuable on the later of those days is not, except as provided by an order of the Board made under subsection 78(3), prejudiced or diminished by reason only of that country having become a WCT country.

  • Marginal note:Compensation

    (2) Despite subsection (1), a person’s right or interest that is protected by that subsection terminates as against the copyright owner if and when the owner pays the person any compensation that is agreed to between the parties or, failing agreement, that is determined by the Board in accordance with section 78.

  • 2012, c. 20, s. 41

Marginal note:Certain rights and interests protected

  •  (1) Despite subsections 27(1), (2) and (4) and sections 27.1, 28.1 and 28.2, if a person has, before the later of the day on which this section comes into force and the day on which a country that is not a treaty country becomes a WCT country, incurred an expenditure or a liability in connection with, or in preparation for, the doing of an act that, if that country had been a WCT country, would have infringed copyright in a work or moral rights in respect of a work, any right or interest of that person that arises from, or in connection with, the doing of that act and that is subsisting and valuable on the later of those days is not, except as provided by an order of the Board made under subsection 78(3), prejudiced or diminished by reason only of that country having become a WCT country.

  • Marginal note:Compensation

    (2) Despite subsection (1), a person’s right or interest that is protected by that subsection terminates as against the copyright owner if and when that owner pays the person any compensation that is agreed to between the parties or, failing agreement, that is determined by the Board in accordance with section 78.

  • 2012, c. 20, s. 41

PART IVRemedies

Civil Remedies

Infringement of Copyright and Moral Rights

Marginal note:Copyright

  •  (1) Where copyright has been infringed, the owner of the copyright is, subject to this Act, entitled to all remedies by way of injunction, damages, accounts, delivery up and otherwise that are or may be conferred by law for the infringement of a right.

  • Marginal note:Moral rights

    (2) In any proceedings for an infringement of moral rights, the court may grant to the holder of those rights all remedies by way of injunction, damages, accounts, delivery up and otherwise that are or may be conferred by law for the infringement of a right.

  • Marginal note:Costs

    (3) The costs of all parties in any proceedings in respect of the infringement of a right conferred by this Act shall be in the discretion of the court.

  • Marginal note:Summary proceedings

    (4) The following proceedings may be commenced or proceeded with by way of application or action and shall, in the case of an application, be heard and determined without delay and in a summary way:

    • (a) proceedings for infringement of copyright or moral rights;

    • (b) proceedings taken under section 44.12, 44.2 or 44.4; and

    • (c) proceedings taken in respect of

      • (i) a tariff approved by the Board under Part VII.1 or VIII, or

      • (ii) agreements referred to in subsection 67(3).

  • Marginal note:Practice and procedure

    (5) The rules of practice and procedure, in civil matters, of the court in which proceedings are commenced by way of application apply to those proceedings, but where those rules do not provide for the proceedings to be heard and determined without delay and in a summary way, the court may give such directions as it considers necessary in order to so provide.

  • Marginal note:Actions

    (6) The court in which proceedings are instituted by way of application may, where it considers it appropriate, direct that the proceeding be proceeded with as an action.

  • Marginal note:Meaning of application

    (7) In this section, application means a proceeding that is commenced other than by way of a writ or statement of claim.

  • R.S., 1985, c. C-42, s. 34
  • R.S., 1985, c. 10 (4th Supp.), s. 8
  • 1993, c. 15, s. 3(E), c. 44, s. 65
  • 1994, c. 47, s. 62
  • 1997, c. 24, s. 20
  • 2012, c. 20, s. 43
  • 2014, c. 32, s. 6
  • 2018, c. 27, s. 286
 
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