Bill C-516
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1st Session, 41st Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
house of commons of canada
BILL C-516
An Act to amend the Copyright Act (artist's resale right)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Artist’s Resale Right Act.
R.S., c. C-42
COPYRIGHT ACT
2. The Copyright Act is amended by adding the following after section 4:
Interpretation
4.1 In this section and sections 4.2 to 4.9,
“art market professional”
« professionnel du marché de l’art »
« professionnel du marché de l’art »
“art market professional” means any person engaged in the business of dealing in artistic works, including
(a) an auctioneer,
(b) the owner or operator of an art gallery,
(c) the owner or operator of a museum,
(d) an art dealer, and
(e) an antique dealer;
“Canadian citizen”
« citoyen canadien »
« citoyen canadien »
“Canadian citizen” means a Canadian citizen within the meaning of the Citizenship Act;
“permanent resident of Canada”
« résident permanent du Canada »
« résident permanent du Canada »
“permanent resident of Canada” means a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;
“resale right”
« droit de suite »
« droit de suite »
“resale right” means the right described in subsection 4.2(1);
“resale royalty”
« redevance pour droit de suite »
« redevance pour droit de suite »
“resale royalty” means the royalty described in subsection 4.2(3);
“sale price”
« prix de vente »
« prix de vente »
“sale price” means the price paid by the buyer for the work, but does not include any buyer's premium or other fee or tax payable on the sale;
“work”
« oeuvre »
« oeuvre »
“work” means an artistic work, including a painting, sculpture, collage, print, lithograph, tapestry and a ceramic or glassware item, but not including a map, chart, plan, photograph or architectural work or a copy of an artistic work, unless the copy is one of a limited number that has been made by the author or with their authorization.
Artist’s resale right
4.2 (1) The author of a work in which copyright subsists shall have a right to a resale royalty on any sale of the work for five hundred dollars or more that is subsequent to the first transfer of ownership by the author.
Duration of resale right
(2) The resale right in a work continues to subsist as long as copyright subsists in the work.
Resale royalty
(3) The resale royalty is an amount equal to five per cent of the sale price.
Definition of “transfer of ownership by the author”
(4) For the purpose of subsection (1), “transfer of ownership by the author” includes
(a) a donation or gift by the author;
(b) transmission from the author by testamentary disposition or by intestate succession;
(c) disposal by the author’s personal representatives for the purposes of the administration of the author’s estate; or
(d) disposal by an official receiver or a trustee in bankruptcy for the purposes of realization of the author’s estate.
Joint authors
4.3 (1) In the case of a work of joint authorship, the resale right is the property of the authors as owners in common.
Equal shares
(2) The resale right is held by joint authors in equal shares unless otherwise agreed in writing.
No assignment
4.4 (1) Subject to section 4.9, a resale right is not transferable.
No waiver
(2) A resale right may not be waived.
Liability to pay
4.5 (1) The liability to pay the resale royalty arises at the time of the sale described in subsection 4.2(1).
Joint and several liability
(2) The following persons are jointly and severally liable to pay the resale royalty:
(a) the seller of the work or, if there is more than one seller, all of the sellers; and
(b) every person who acted in the capacity of an art market professional as agent for the seller.
Conditions for resale right
4.6 The resale right conferred by subsection 4.2(1) applies only if the author was, at the time of the sale described in subsection 4.2(1), a Canadian citizen or permanent resident of Canada, or a citizen, national or permanent resident of a country that provides Canadian citizens and permanent residents of Canada with a resale right that is substantially similar to the resale right provided for under section 4.2.
Collective society
4.7 (1) The resale right in a work may only be exercised through a collective society.
Deemed mandate
(2) If the holder of a resale right in a work has not transferred the management of the resale right to a collective society, the collective society that manages copyright on behalf of the author of such work is deemed to be mandated to manage the resale right.
Choice of holder
(3) If there is more than one such collective society, the holder shall choose which of them is so mandated.
Holder’s rights and obligations
(4) The holder of a resale right to whom subsection (2) applies has the same rights and obligations in respect of the management of the resale right as a holder who has transferred the management of the resale right to a collective society.
Management of resale right
(5) For the purposes of this section, the management of a resale right is the collection of resale royalties on behalf of the holder of the right in return for a fixed fee or a percentage of the royalty.
Right to information
4.8 (1) The holder of a resale right has the right to obtain, on a confidential basis, all information regarding a sale described in subsection 4.2(1) that is necessary to establish the amount of the resale royalty due and, if applicable, the name and address of the person responsible for paying the resale royalty.
Written request
(2) If the holder of a resale right submits a written request for the information referred to in subsection (1) to a person referred to in subsection 4.5(2), that person shall take all reasonable steps to provide that information to the holder within 90 days after the day on which the request was received.
Failure to provide information
(3) If the person referred to in subsection 4.5(2) fails to provide the requested information within the 90-day period, the holder of the resale right may apply to a court of competent jurisdiction for an order requiring the person to whom the request is made to supply the information.
Death of holder
4.9 On the death of the holder of a resale right in respect of a work, the resale right passes to
(a) the person to whom that right is specifically bequeathed;
(b) if there is no specific bequest of the resale right and the holder dies testate in respect of the copyright in the work, the person to whom the copyright is bequeathed; or
(c) if there is no person as described in paragraph (a) or (b), the person entitled to any other property in respect of which the author dies intestate.
Published under authority of the Speaker of the House of Commons