Copyright Act (R.S.C., 1985, c. C-42)

Marginal note: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.

Marginal note: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• (2) [Repealed, 1992, c. 1, s. 51]

• Marginal note: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 consideration 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.

• Marginal note:Rectification of Register by the Court

  (4) The Federal Court may, on application of the Registrar of Copyrights or of any interested person, order the rectification of the Register of Copyrights by

  • (a) the making of any entry wrongly omitted to be made in the Register,

  • (b) the expunging of any entry wrongly made in or remaining on the Register, or

  • (c) the correction of any error or defect in the Register,

  and any rectification of the Register under this subsection shall be retroactive from such date as the Court may order.

Marginal note:Execution of instruments

• 58. (1) Any assignment of copyright, or any licence granting an interest in a copyright, may be executed, subscribed or acknowledged 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.

• Marginal note:Execution of instruments

  (2) Any assignment of copyright, or any licence granting an interest in a copyright, may be executed, subscribed or acknowledged 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.

• Marginal note:Seals to be evidence

  (3) The official seal or seal of the court or the certificate of a diplomatic or consular officer is evidence of the execution of the instrument, and the instrument with the seal or certificate affixed or attached thereto is admissible as evidence in any action or proceeding brought under this Act without further proof.

• Marginal note: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.