PART VAdministration (continued)
Marginal note:Registration of assignment or licence
(2) [Repealed, 1992, c. 1, s. 51]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.
- R.S., 1985, c. C-42, s. 57;
- 1992, c. 1, s. 51;
- 1993, c. 15, s. 7;
- 1997, c. 24, s. 33.
Marginal note:Execution of instruments
58 (1) Any assignment of a copyright, or any licence granting an interest in a copyright, may be executed, subscribed or acknowledged at any place in a treaty country, a Rome Convention country or a WPPT country by the assignor, licensor or secured or hypothecary debtor, before any notary public, commissioner or other official, or the judge of any court, who is authorized by law to administer oaths or certify documents in that place and who also subscribes their signature and affixes to, or impresses on, the assignment or licence their official seal or the seal of the court of which they are a 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.
- R.S., 1985, c. C-42, s. 58;
- 1997, c. 24, s. 34;
- 2012, c. 20, s. 50.
Marginal note:Fees regulations
59 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
Marginal note:Subsistence of substituted right
60 (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).
Marginal note:Clerical errors do not invalidate
61 Clerical errors in any instrument of record in the Copyright Office do not invalidate the instrument, but they may be corrected under the authority of the Registrar of Copyrights.
- R.S., 1985, c. C-42, s. 61;
- 1992, c. 1, s. 52;
- 1993, c. 15, s. 10.
(a) for the purposes of paragraph 30.01(6)(d), respecting measures, which may vary according to circumstances specified in the regulations;
(b) for the purposes of paragraph 30.02(3)(d), respecting measures, which may vary according to circumstances specified in the regulations;
(c) prescribing the form of a notice of claimed infringement referred to in section 41.25 and prescribing the information that must be and that is not permitted to be contained in it;
(d) prescribing anything that by this Act is to be prescribed by regulation; and
(e) generally for carrying out the purposes and provisions of this Act.
Marginal note:Rights saved
(2) The Governor in Council may make orders for altering, revoking or varying any order in council made under this Act, but any order made under this section does not affect prejudicially any rights or interests acquired or accrued at the date when the order comes into operation, and shall provide for the protection of those rights and interests.
- R.S., 1985, c. C-42, s. 62;
- 1997, c. 24, s. 37;
- 2012, c. 20, s. 51;
- 2018, c. 27, s. 246.
Industrial Designs and Topographies
63 [Repealed, 1997, c. 24, s. 38]
article means any thing that is made by hand, tool or machine; (objet)
design means features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye; (dessin)
useful article means an article that has a utilitarian function and includes a model of any such article; (objet utilitaire)
utilitarian function, in respect of an article, means a function other than merely serving as a substrate or carrier for artistic or literary matter. (fonction utilitaire)
Marginal note:Non-infringement re certain designs
(2) Where copyright subsists in a design applied to a useful article or in an artistic work from which the design is derived and, by or under the authority of any person who owns the copyright in Canada or who owns the copyright elsewhere,
(a) the article is reproduced in a quantity of more than fifty, or
(b) where the article is a plate, engraving or cast, the article is used for producing more than fifty useful articles,
it shall not thereafter be an infringement of the copyright or the moral rights for anyone
(c) to reproduce the design of the article or a design not differing substantially from the design of the article by
(d) to do with an article, drawing or reproduction that is made as described in paragraph (c) anything that the owner of the copyright has the sole right to do with the design or artistic work in which the copyright subsists.
(3) Subsection (2) does not apply in respect of the copyright or the moral rights in an artistic work in so far as the work is used as or for
(a) a graphic or photographic representation that is applied to the face of an article;
(b) a trade-mark or a representation thereof or a label;
(c) material that has a woven or knitted pattern or that is suitable for piece goods or surface coverings or for making wearing apparel;
(d) an architectural work that is a building or a model of a building;
(e) a representation of a real or fictitious being, event or place that is applied to an article as a feature of shape, configuration, pattern or ornament;
(f) articles that are sold as a set, unless more than fifty sets are made; or
(g) such other work or article as may be prescribed by regulation.
(4) Subsections (2) and (3) apply only in respect of designs created after the coming into force of this subsection, and section 64 of this Act and the Industrial Design Act, as they read immediately before the coming into force of this subsection, as well as the rules made under them, continue to apply in respect of designs created before that coming into force.
- R.S., 1985, c. C-42, s. 64;
- R.S., 1985, c. 10 (4th Supp.), s. 11;
- 1993, c. 44, s. 68;
- 1997, c. 24, s. 39.
- Date modified: