Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2014-04-02 and last amended on 2012-11-07. Previous Versions

Marginal note:Compilations
  •  (1) A compilation containing two or more of the categories of literary, dramatic, musical or artistic works shall be deemed to be a compilation of the category making up the most substantial part of the compilation.

  • Marginal note:Idem

    (2) The mere fact that a work is included in a compilation does not increase, decrease or otherwise affect the protection conferred by this Act in respect of the copyright in the work or the moral rights in respect of the work.

  • 1993, c. 44, s. 54.

Definition of “maker”

 For greater certainty, the arrangements referred to in paragraph (b) of the definition “maker” in section 2, as that term is used in section 19 and in the definition “eligible maker” in section 79, include arrangements for entering into contracts with performers, financial arrangements and technical arrangements required for the first fixation of the sounds for a sound recording.

  • 1997, c. 24, s. 2.

Definition of “publication”

  •  (1) For the purposes of this Act, “publication” means

    • (a) in relation to works,

      • (i) making copies of a work available to the public,

      • (ii) the construction of an architectural work, and

      • (iii) the incorporation of an artistic work into an architectural work, and

    • (b) in relation to sound recordings, making copies of a sound recording available to the public,

    but does not include

    • (c) the performance in public, or the communication to the public by telecommunication, of a literary, dramatic, musical or artistic work or a sound recording, or

    • (d) the exhibition in public of an artistic work.

  • Marginal note:Issue of photographs and engravings

    (2) For the purpose of subsection (1), the issue of photographs and engravings of sculptures and architectural works is not deemed to be publication of those works.

  • Marginal note:Where no consent of copyright owner

    (3) For the purposes of this Act, other than in respect of infringement of copyright, a work or other subject-matter is not deemed to be published or performed in public or communicated to the public by telecommunication if that act is done without the consent of the owner of the copyright.

  • Marginal note:Unpublished works

    (4) Where, in the case of an unpublished work, the making of the work is extended over a considerable period, the conditions of this Act conferring copyright are deemed to have been complied with if the author was, during any substantial part of that period, a subject or citizen of, or a person ordinarily resident in, a country to which this Act extends.

  • 1997, c. 24, s. 2.