Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2016-06-21 and last amended on 2015-06-23. Previous Versions

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 certified by the Board under Part VII or VIII, or

      • (ii) agreements referred to in section 70.12.

  • 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.

  • 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.
Marginal note:Presumptions respecting copyright and ownership
  •  (1) In any civil proceedings taken under this Act in which the defendant puts in issue either the existence of the copyright or the title of the plaintiff to it,

    • (a) copyright shall be presumed, unless the contrary is proved, to subsist in the work, performer’s performance, sound recording or communication signal, as the case may be; and

    • (b) the author, performer, maker or broadcaster, as the case may be, shall, unless the contrary is proved, be presumed to be the owner of the copyright.

  • Marginal note:Where no grant registered

    (2) Where any matter referred to in subsection (1) is at issue and no assignment of the copyright, or licence granting an interest in the copyright, has been registered under this Act,

    • (a) if a name purporting to be that of

      • (i) the author of the work,

      • (ii) the performer of the performer’s performance,

      • (iii) the maker of the sound recording, or

      • (iv) the broadcaster of the communication signal

      is printed or otherwise indicated thereon in the usual manner, the person whose name is so printed or indicated shall, unless the contrary is proved, be presumed to be the author, performer, maker or broadcaster;

    • (b) if

      • (i) no name is so printed or indicated, or if the name so printed or indicated is not the true name of the author, performer, maker or broadcaster or the name by which that person is commonly known, and

      • (ii) a name purporting to be that of the publisher or owner of the work, performer’s performance, sound recording or communication signal is printed or otherwise indicated thereon in the usual manner,

      the person whose name is printed or indicated as described in subparagraph (ii) shall, unless the contrary is proved, be presumed to be the owner of the copyright in question; and

    • (c) if, on a cinematographic work, a name purporting to be that of the maker of the cinematographic work appears in the usual manner, the person so named shall, unless the contrary is proved, be presumed to be the maker of the cinematographic work.

  • 1997, c. 24, s. 20;
  • 2012, c. 20, s. 44.
Marginal note:Liability for infringement
  •  (1) Where a person infringes copyright, the person is liable to pay such damages to the owner of the copyright as the owner has suffered due to the infringement and, in addition to those damages, such part of the profits that the infringer has made from the infringement and that were not taken into account in calculating the damages as the court considers just.

  • Marginal note:Proof of profits

    (2) In proving profits,

    • (a) the plaintiff shall be required to prove only receipts or revenues derived from the infringement; and

    • (b) the defendant shall be required to prove every element of cost that the defendant claims.

  • R.S., 1985, c. C-42, s. 35;
  • 1997, c. 24, s. 20.
 
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