Copyright Act

Version of section 10 from 2002-12-31 to 2012-11-06:

Marginal note:Term of copyright in photographs
  •  (1) Where the owner referred to in subsection (2) is a corporation, the term for which copyright subsists in a photograph shall be the remainder of the year of the making of the initial negative or plate from which the photograph was derived or, if there is no negative or plate, of the initial photograph, plus a period of fifty years.

  • Marginal note:Where author majority shareholder

    (1.1) Where the owner is a corporation, the majority of the voting shares of which are owned by a natural person who would have qualified as the author of the photograph except for subsection (2), the term of copyright is the term set out in section 6.

  • Marginal note:Author of photograph

    (2) The person who

    • (a) was the owner of the initial negative or other plate at the time when that negative or other plate was made, or

    • (b) was the owner of the initial photograph at the time when that photograph was made, where there was no negative or other plate,

    is deemed to be the author of the photograph and, where that owner is a body corporate, the body corporate is deemed for the purposes of this Act to be ordinarily resident in a treaty country if it has established a place of business therein.

  • R.S., 1985, c. C-42, s. 10;
  • 1993, c. 44, s. 60;
  • 1994, c. 47, s. 69(F);
  • 1997, c. 24, s. 7.
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