Bill C-32

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	(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 text books of a scientific, technical or scholarly nature for use within an educational institution in a course of instruction.
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 satisfac tory evidence of the facts necessary to estab lish the person's right to import the copy.
	29. The heading before section 46 of the Act is replaced by the following:
	PART V
	ADMINISTRATION
	COPYRIGHT OFFICE
	30. Subsection 53(2) of the Act is replaced by the following:
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.
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.
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.
1992, c. 1, s. 50(1)	31. (1) Subsections 54(1) and (2) of the Act are replaced by the following:
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, assign ees of copyright, and persons to whom an interest in copyright has been granted by licence; and
	(c) such other particulars as may be pre scribed by regulation.
1992, c. 1, s. 50(2)	(2) Subsections 54(4) and (5) of the Act are replaced by the following:
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.
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.
1993, c. 15, s. 6	32. Sections 55 and 56 of the Act are replaced by the following:
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.
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.
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 assign ee of the copyright, or a person to whom an interest in the copyright has been granted by licence.
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-mat ter, 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 perform er'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 perfor mance, 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.
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.
1993, c. 15, s. 7(1)	33. (1) Subsection 57(1) of the Act is replaced by the following:
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) Subsection 57(3) of the Act is replaced by the following:
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 consider ation 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.
	34. (1) Subsections 58(1) and (2) of the Act are replaced by the following:
Execution of instruments	58. (1) Any assignment of copyright, or any licence granting an interest in a copyright, may be executed, subscribed or acknowl edged at any place in a treaty country or a Rome Convention country by the assignor, licensor or mortgagor, before any notary public, commissioner or other official or the judge of any court, who is authorized by law to administer oaths or perform notarial acts in that place, and who also subscribes their signature and affixes thereto or impresses thereon their official seal or the seal of the court of which they are such judge.
Execution of instruments	(2) Any assignment of copyright, or any licence granting an interest in a copyright, may be executed, subscribed or acknowl edged by the assignor, licensor or mortgagor, in any other foreign country before any notary public, commissioner or other official or the judge of any court of the foreign country, who is authorized to administer oaths or perform notarial acts in that foreign country and whose authority shall be proved by the certificate of a diplomatic or consular officer of Canada performing their functions in that foreign country.
	(2) Subsection 58(4) of the Act is replaced by the following:
Other testimony	(4) The provisions of subsections (1) and (2) shall be deemed to be permissive only, and the execution of any assignment of copyright, or any licence granting an interest in a copyright, may in any case be proved in accordance with the applicable rules of evidence.
	35. The Act is amended by adding the following after section 59:
	PART VI
	MISCELLANEOUS PROVISIONS
	36. The heading before section 61 of the Act is replaced by the following:
	CLERICAL ERRORS
	37. (1) The heading before section 62 of the English version of the Act is replaced by the following:
	REGULATIONS
	(2) Subsection 62(1) of the Act is replaced by the following:
Regulations	62. (1) The Governor in Council may make regulations
	(a) prescribing anything that by this Act is to be prescribed by regulation; and
	(b) generally for carrying out the purposes and provisions of this Act.
	38. Section 63 of the Act and the heading before it are replaced by the following:
	INDUSTRIAL DESIGNS AND TOPOGRAPHIES
R.S., c. 10 (4th Supp.), s. 11	39. Paragraph 64(3)(g) of the Act is replaced by the following:
	(g) such other work or article as may be prescribed by regulation.
R.S., c. 10 (4th Supp.), s. 11	40. Subsection 64.1(2) of the Act is replaced by the following:
Exception	(2) Nothing in subsection (1) affects
	(a) the copyright, or
	(b) the moral rights, if any,
	in any sound recording, cinematographic film or other contrivance by means of which a work may be mechanically reproduced or per formed.
	41. The Act is amended by adding the following before the heading ``copyright board'' before section 66:
	PART VII
	COPYRIGHT BOARD AND COLLECTIVE ADMINISTRATION OF COPYRIGHT
1988, c. 65, s. 64	42. Section 66.52 of the Act is replaced by the following:
Variation of decisions	66.52 A decision of the Board respecting royalties or their related terms and conditions that is made under subsection 68(3), sections 68.1 or 70.15 or or subsections 70.2(2), 70.6(1), 73(1) or 83(8) may, on application, be varied by the Board if, in its opinion, there has been a material change in circumstances since the decision was made.
	43. The Act is amended by adding the following after section 66.7:
Distribution, publication of notices	66.71 Independently of any other provision of this Act relating to the distribution or publication of information or documents by the Board, the Board may at any time cause to be distributed or published, in any manner and on any terms and conditions that it sees fit, any notice that it sees fit to be distributed or published.
	44. The Act is amended by adding the following after section 66.9:
Regulations	66.91 The Governor in Council may make regulations issuing policy directions to the Board and establishing general criteria to be applied by the Board or to which the Board must have regard
	(a) in establishing fair and equitable royal ties to be paid pursuant to this Act; and
	(b) in rendering its decisions in any matter within its jurisdiction.
R.S., c. 10 (4th Supp.), s. 12; 1993, c. 23, ss. 3 to 5	45. The heading before section 67 and sections 67 to 68 of the Act are replaced by the following: