Copyright Act (R.S.C., 1985, c. C-42)

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

Fees

Marginal note:Fees regulations

 The Governor in Council may make regulations

  • (a) prescribing fees, or the manner of determining fees, to be paid for anything required or authorized to be done in the administration of this Act; and

  • (b) prescribing the time and manner in which the fees must be paid.

  • R.S., 1985, c. C-42, s. 59;
  • 1993, c. 15, s. 8.

PART VIMISCELLANEOUS PROVISIONS

Substituted Right

Marginal note:Subsistence of substituted right
  •  (1) Where any person is immediately before January 1, 1924 entitled to any right in any work that is set out in column I of Schedule I, or to any interest in such a right, he is, as from that date, entitled to the substituted right set out in column II of that Schedule, or to the same interest in the substituted right, and to no other right or interest, and the substituted right shall subsist for the term for which it would have subsisted if this Act had been in force at the date when the work was made, and the work had been one entitled to copyright thereunder.

  • Marginal note:Where author has assigned the right

    (2) Where the author of any work in which any right that is set out in column I of Schedule I subsists on January 1, 1924 has, before that date, assigned the right or granted any interest therein for the whole term of the right, then at the date when, but for the passing of this Act, the right would have expired, the substituted right conferred by this section shall, in the absence of express agreement, pass to the author of the work, and any interest therein created before January 1, 1924 and then subsisting shall determine, but the person who immediately before the date at which the right would have expired was the owner of the right or interest is entitled at his option either

    • (a) on giving such notice as is hereinafter mentioned, to an assignment of the right or the grant of a similar interest therein for the remainder of the term of the right for such consideration as, failing agreement, may be determined by arbitration, or

    • (b) without any assignment or grant, to continue to reproduce or perform the work in like manner as theretofore subject to the payment, if demanded by the author within three years after the date at which the right would have expired, of such royalties to the author as, failing agreement, may be determined by arbitration, or, where the work is incorporated in a collective work and the owner of the right or interest is the proprietor of that collective work, without any payment,

    and the notice referred to in paragraph (a) must be given not more than one year or less than six months before the date at which the right would have expired, and must be sent by registered post to the author, or, if he cannot with reasonable diligence be found, advertised in the Canada Gazette.

  • Definition of “author”

    (3) For the purposes of this section, “author” includes the legal representatives of a deceased author.

  • Marginal note:Works made before this Act in force

    (4) Subject to this Act, copyright shall not subsist in any work made before January 1, 1924 otherwise than under and in accordance with the provisions of this section.

  • R.S., 1985, c. C-42, s. 60;
  • R.S., 1985, c. 10 (4th Supp.), s. 17(F);
  • 1997, c. 24, s. 52(F).