Copyright Act

Version of section 33 from 2002-12-31 to 2012-11-06:

Marginal note:Certain rights and interests protected
  •  (1) Notwithstanding subsections 27(1), (2) and (4) and sections 27.1, 28.1 and 28.2, where a person has, before the later of January 1, 1996 and the day on which a country becomes a treaty country, incurred an expenditure or liability in connection with, or in preparation for, the doing of an act that would have infringed a copyright owner’s copyright or an author’s moral rights had that country been a treaty country, any right or interest of that person that

    • (a) arises from or in connection with the doing of that act, and

    • (b) is subsisting and valuable on the latest of those days

    is not prejudiced or diminished by reason only that that country has become a treaty country, except as provided by an order of the Board made under subsection 78(3).

  • 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.
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