Copyright Act (R.S.C., 1985, c. C-42)

Marginal note:Importation of books

• 44.2 (1) A court may, subject to this section, make an order described in subsection 44.12(3) in relation to a book where the court is satisfied that

  • (a) copies of the book are about to be imported into Canada, or have been imported into Canada but have not yet been released;

  • (b) copies of the book were made with the consent of the owner of the copyright in the book in the country where the copies were made, but were imported without the consent of the owner in Canada of the copyright in the book; and

  • (c) the copies would infringe copyright if they were made in Canada by the importer and the importer knows or should have known this.

• Marginal note:Who may apply

  (2) A court may make an order described in subsection 44.12(3) in relation to a book on application by

  • (a) the owner of the copyright in the book in Canada;

  • (b) the exclusive licensee of the copyright in the book in Canada; or

  • (c) the exclusive distributor of the book.

• Marginal note:Limitation

  (3) Subsections (1) and (2) only apply where there is an exclusive distributor of the book and the acts described in those subsections take place in the part of Canada or in respect of the particular sector of the market for which the person is the exclusive distributor.

• Marginal note:Application of certain provisions

  (4) Subsections 44.12(3) to (10) apply, with such modifications as the circumstances require, in respect of an order made under subsection (1).

Marginal note:Limitation

44.3 No exclusive licensee of the copyright in a book in Canada, and no exclusive distributor of a book, may obtain an order under section 44.2 against another exclusive licensee of the copyright in that book in Canada or against another exclusive distributor of that book.

Marginal note:Importation of other subject-matter

44.4 Section 44.12 applies, with such modifications as the circumstances require, in respect of a sound recording, performer’s performance or communication signal, where a fixation or a reproduction of a fixation of it

• (a) is about to be imported into Canada, or has been imported into Canada but has not yet been released;

• (b) either

  • (i) was made without the consent of the person who then owned the copyright in the sound recording, performer’s performance or communication signal, as the case may be, in the country where the fixation or reproduction was made, or

  • (ii) was made elsewhere than in a country to which Part II extends; and

• (c) would infringe the right of the owner of copyright in the sound recording, performer’s performance or communication signal if it was made in Canada by the importer and the importer knows or should have known this.

Marginal note:Exceptions

• 45 (1) Notwithstanding anything in this Act, it is lawful for a person

  • (a) to import for their own use not more than two copies of a work or other subject-matter made with the consent of the owner of the copyright in the country where it was made;

  • (b) to import for use by a department of the Government of Canada or a province copies of a work or other subject-matter made with the consent of the owner of the copyright in the country where it was made;

  • (c) at any time before copies of a work or other subject-matter are made in Canada, to import any copies, except copies of a book, made with the consent of the owner of the copyright in the country where the copies were made, that are required for the use of a library, archive, museum or educational institution;

  • (d) to import, for the use of a library, archive, museum or educational institution, not more than one copy of a book that is made with the consent of the owner of the copyright in the country where the book was made; and

  • (e) to import copies, made with the consent of the owner of the copyright in the country where they were made, of any used books, except textbooks of a scientific, technical or scholarly nature for use within an educational institution in a course of instruction.

• Marginal note:Satisfactory evidence

  (2) An officer of customs may, in the officer’s discretion, require a person seeking to import a copy of a work or other subject-matter under this section to produce satisfactory evidence of the facts necessary to establish the person’s right to import the copy.

PART VAdministration

Copyright Office

Marginal note:Copyright Office

46 The Copyright Office shall be attached to the Patent Office.

Marginal note:Powers of Commissioner and Registrar

47 The Commissioner of Patents shall exercise the powers conferred and perform the duties imposed on him by this Act under the direction of the Minister, and, in the absence of the Commissioner of Patents or if the Commissioner is unable to act, the Registrar of Copyrights or other officer temporarily appointed by the Minister may, as Acting Commissioner, exercise those powers and perform those duties under the direction of the Minister.

Marginal note:Registrar

48 There shall be a Registrar of Copyrights.

Marginal note:Register of Copyrights, certificates and certified copies

49 The Commissioner of Patents, the Registrar of Copyrights or an officer, clerk or employee of the Copyright Office may sign certificates and certified copies of the Register of Copyrights.

Marginal note:Other duties of Registrar

50 The Registrar of Copyrights shall perform such other duties in connection with the administration of this Act as may be assigned to him by the Commissioner of Patents.

51 [Repealed, 1992, c. 1, s. 48]

Marginal note:Control of business and officials

52 The Commissioner of Patents shall, subject to the Minister, oversee and direct the officers, clerks and employees of the Copyright Office, have general control of the business thereof and perform such other duties as are assigned to him by the Governor in Council.

Marginal note:Register to be evidence

• 53 (1) The Register of Copyrights is evidence of the particulars entered in it, and a copy of an entry in the Register is evidence of the particulars of the entry if it is certified by the Commissioner of Patents, the Registrar of Copyrights or an officer, clerk or employee of the Copyright Office as a true copy.

• Marginal note:Owner of copyright

  (2) A certificate of registration of copyright is evidence that the copyright subsists and that the person registered is the owner of the copyright.

• Marginal note:Assignee

  (2.1) A certificate of registration of an assignment of copyright is evidence that the right recorded on the certificate has been assigned and that the assignee registered is the owner of that right.

• Marginal note:Licensee

  (2.2) A certificate of registration of a licence granting an interest in a copyright is evidence that the interest recorded on the certificate has been granted and that the licensee registered is the holder of that interest.

• Marginal note:Admissibility

  (3) A certified copy or certificate appearing to have been issued under this section is admissible in all courts without proof of the signature or official character of the person appearing to have signed it.

Registration

Marginal note:Register of Copyrights

• 54 (1) The Minister shall cause to be kept at the Copyright Office a register to be called the Register of Copyrights in which may be entered

  • (a) the names or titles of works and of other subject-matter in which copyright subsists;

  • (b) the names and addresses of authors, performers, makers of sound recordings, broadcasters, owners of copyright, assignees of copyright, and persons to whom an interest in copyright has been granted by licence; and

  • (c) such other particulars as may be prescribed by regulation.

• (2) [Repealed, 1997, c. 24, s. 31]

• Marginal note:Single entry sufficient

  (3) In the case of an encyclopaedia, newspaper, review, magazine or other periodical work, or work published in a series of books or parts, it is not necessary to make a separate entry for each number or part, but a single entry for the whole work is sufficient.

• Marginal note:Indices

  (4) There shall also be kept at the Copyright Office such indices of the Register established under this section as may be prescribed by regulation.

• Marginal note:Inspection and extracts

  (5) The Register and indices established under this section shall at all reasonable times be open to inspection, and any person is entitled to make copies of or take extracts from the Register.

• Marginal note:Former registration effective

  (6) Any registration made under the Copyright Act, chapter 70 of the Revised Statutes of Canada, 1906, has the same force and effect as if made under this Act.

• Marginal note:Subsisting copyright

  (7) Any work in which copyright, operative in Canada, subsisted immediately before January 1, 1924 is registrable under this Act.

Marginal note:Copyright in works

• 55 (1) Application for the registration of a copyright in a work may be made by or on behalf of the author of the work, the owner of the copyright in the work, an assignee of the copyright, or a person to whom an interest in the copyright has been granted by licence.

• Marginal note:Application for registration

  (2) An application under subsection (1) must be filed with the Copyright Office, be accompanied by the fee prescribed by or determined under the regulations, and contain the following information:

  • (a) the name and address of the owner of the copyright in the work;

  • (b) a declaration that the applicant is the author of the work, the owner of the copyright in the work, an assignee of the copyright, or a person to whom an interest in the copyright has been granted by licence;

  • (c) the category of the work;

  • (d) the title of the work;

  • (e) the name of the author and, if the author is dead, the date of the author’s death, if known;

  • (f) in the case of a published work, the date and place of the first publication; and

  • (g) any additional information prescribed by regulation.

Marginal note:Copyright in subject-matter other than works

• 56 (1) Application for the registration of a copyright in subject-matter other than a work may be made by or on behalf of the owner of the copyright in the subject-matter, an assignee of the copyright, or a person to whom an interest in the copyright has been granted by licence.

• Marginal note:Application for registration

  (2) An application under subsection (1) must be filed with the Copyright Office, be accompanied by the fee prescribed by or determined under the regulations, and contain the following information:

  • (a) the name and address of the owner of the copyright in the subject-matter;

  • (b) a declaration that the applicant is the owner of the copyright in the subject-matter, an assignee of the copyright, or a person to whom an interest in the copyright has been granted by licence;

  • (c) whether the subject-matter is a performer’s performance, a sound recording or a communication signal;

  • (d) the title, if any, of the subject-matter;

  • (e) the date of

    • (i) in the case of a performer’s performance, its first fixation in a sound recording or, if it is not fixed in a sound recording, its first performance,

    • (ii) in the case of a sound recording, the first fixation, or

    • (iii) in the case of a communication signal, its broadcast; and

  • (f) any additional information prescribed by regulation.

Marginal note:Recovery of damages

56.1 Where a person purports to have the authority to apply for the registration of a copyright under section 55 or 56 on behalf of another person, any damage caused by a fraudulent or erroneous assumption of such authority is recoverable in any court of competent jurisdiction.

Marginal note:Registration of assignment or licence

• 57 (1) The Registrar of Copyrights shall register an assignment of copyright, or a licence granting an interest in a copyright, on being furnished with

  • (a) the original instrument or a certified copy of it, or other evidence satisfactory to the Registrar of the assignment or licence; and

  • (b) the fee prescribed by or determined under the regulations.

• (2) [Repealed, 1992, c. 1, s. 51]

• Marginal note:When assignment or licence is void

  (3) Any assignment of copyright, or any licence granting an interest in a copyright, shall be adjudged void against any subsequent assignee or licensee for valuable consideration without actual notice, unless the prior assignment or licence is registered in the manner prescribed by this Act before the registering of the instrument under which the subsequent assignee or licensee claims.

• Marginal note:Rectification of Register by the Court

  (4) The Federal Court may, on application of the Registrar of Copyrights or of any interested person, order the rectification of the Register of Copyrights by

  • (a) the making of any entry wrongly omitted to be made in the Register,

  • (b) the expunging of any entry wrongly made in or remaining on the Register, or

  • (c) the correction of any error or defect in the Register,

  and any rectification of the Register under this subsection shall be retroactive from such date as the Court may order.