Copyright Act (R.S.C., 1985, c. C-42)

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Act current to 2019-03-27 and last amended on 2018-12-13. Previous Versions

PART VIMiscellaneous Provisions (continued)

Industrial Designs and Topographies (continued)

Marginal note:Non-infringement re useful article features

  •  (1) The following acts do not constitute an infringement of the copyright or moral rights in a work:

    • (a) applying to a useful article features that are dictated solely by a utilitarian function of the article;

    • (b) by reference solely to a useful article, making a drawing or other reproduction in any material form of any features of the article that are dictated solely by a utilitarian function of the article;

    • (c) doing with a useful article having only features described in paragraph (a), or with a drawing or reproduction made as described in paragraph (b), anything that the owner of the copyright has the sole right to do with the work; and

    • (d) using any method or principle of manufacture or construction.

  • Marginal note:Exception

    (2) Nothing in subsection (1) affects

    • (a) the copyright, or

    • (b) the moral rights, if any,

    in any sound recording, cinematograph film or other contrivance by means of which a work may be mechanically reproduced or performed.

  • R.S., 1985, c. 10 (4th Supp.), s. 11;
  • 1997, c. 24, s. 40.

Marginal note:Application of Act to topographies

  •  (1) This Act does not apply, and shall be deemed never to have applied, to any topography or to any design, however expressed, that is intended to generate all or part of a topography.

  • Marginal note:Computer programs

    (2) For greater certainty, the incorporation of a computer program into an integrated circuit product or the incorporation of a work into such a computer program may constitute an infringement of the copyright or moral rights in a work.

  • Marginal note:Definitions

    (3) In this section, “topography” and “integrated circuit product” have the same meaning as in the Integrated Circuit Topography Act.

  • 1990, c. 37, s. 33.

 [Repealed, 1993, c. 44, s. 69]

PART VIICopyright Board and Collective Administration of Copyright

Copyright Board

Marginal note:Establishment

  •  (1) There is hereby established a Board, to be known as the Copyright Board, consisting of not more than five members, including a chairman and a vice-chairman, to be appointed by the Governor in Council.

  • Marginal note:Service

    (2) The members of the Board shall be appointed to serve either full-time or part-time.

  • Marginal note:Chairman

    (3) The chairman must be a judge, either sitting or retired, of a superior, county or district court.

  • Marginal note:Tenure

    (4) Each member of the Board shall hold office during good behaviour for a term not exceeding five years, but may be removed at any time by the Governor in Council for cause.

  • Marginal note:Re-appointment

    (5) A member of the Board is eligible to be re-appointed once only.

  • Marginal note:Prohibition

    (6) A member of the Board shall not be employed in the public service within the meaning of the Federal Public Sector Labour Relations Act during the member’s term of office.

  • Marginal note:Members deemed public service employees

    (7) A full-time member of the Board, other than the chairman, shall be deemed to be employed in

  • R.S., 1985, c. C-42, s. 66;
  • R.S., 1985, c. 10 (1st Supp.), s. 1, c. 10 (4th Supp.), s. 12;
  • 2003, c. 22, s. 154(E), 224(E), 225(E);
  • 2017, c. 9, s. 55.

Marginal note:Duties of chairman

  •  (1) The chairman shall direct the work of the Board and apportion its work among the members of the Board.

  • Marginal note:Absence or incapacity of chairman

    (2) If the chairman is absent or incapacitated or if the office of chairman is vacant, the vice-chairman has all the powers and functions of the chairman during the absence, incapacity or vacancy.

  • Marginal note:Duties of vice-chairman

    (3) The vice-chairman is the chief executive officer of the Board and has supervision over and direction of the Board and its staff.

  • R.S., 1985, c. 10 (4th Supp.), s. 12.

Marginal note:Remuneration and expenses

 The members of the Board shall be paid such remuneration as may be fixed by the Governor in Council and are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties under this Act while absent from their ordinary place of residence.

  • R.S., 1985, c. 10 (4th Supp.), s. 12.

Marginal note:Conflict of interest prohibited

  •  (1) A member of the Board shall not, directly or indirectly, engage in any activity, have any interest in a business or accept or engage in any office or employment that is inconsistent with the member’s duties.

  • Marginal note:Termination of conflict of interest

    (2) Where a member of the Board becomes aware that he is in a conflict of interest contrary to subsection (1), the member shall, within one hundred and twenty days, terminate the conflict or resign.

  • R.S., 1985, c. 10 (4th Supp.), s. 12.

Marginal note:Staff

  •  (1) Such officers and employees as are necessary for the proper conduct of the work of the Board shall be appointed in accordance with the Public Service Employment Act.

  • Marginal note:Idem

    (2) The officers and employees referred to in subsection (1) shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

  • Marginal note:Technical assistance

    (3) The Board may engage on a temporary basis the services of persons having technical or specialized knowledge to advise and assist in the performance of its duties and the Board may, in accordance with Treasury Board directives, fix and pay the remuneration and expenses of those persons.

  • R.S., 1985, c. 10 (4th Supp.), s. 12;
  • 2003, c. 22, s. 225(E).

Marginal note:Concluding matters after membership expires

  •  (1) A member of the Board whose term expires may conclude the matters that the member has begun to consider.

  • Marginal note:Decisions

    (2) Matters before the Board shall be decided by a majority of the members of the Board and the presiding member shall have a second vote in the case of a tie.

  • R.S., 1985, c. 10 (4th Supp.), s. 12.

Marginal note:Interim decisions

 The Board may, on application, make an interim decision.

  • R.S., 1985, c. 10 (4th Supp.), s. 12.

Marginal note:Variation of decisions

 A decision of the Board respecting royalties or their related terms and conditions that is made under subsection 68(3), sections 68.1 or 70.15 or or subsections 70.2(2), 70.6(1), 73(1) or 83(8) may, on application, be varied by the Board if, in its opinion, there has been a material change in circumstances since the decision was made.

  • R.S., 1985, c. 10 (4th Supp.), s. 12;
  • 1988, c. 65, s. 64;
  • 1997, c. 24, s. 42.

Marginal note:Regulations

  •  (1) The Board may, with the approval of the Governor in Council, make regulations governing

    • (a) the practice and procedure in respect of the Board’s hearings, including the number of members of the Board that constitutes a quorum;

    • (b) the time and manner in which applications and notices must be made or given;

    • (c) the establishment of forms for the making or giving of applications and notices; and

    • (d) the carrying out of the work of the Board, the management of its internal affairs and the duties of its officers and employees.

  • Marginal note:Publication of proposed regulations

    (2) A copy of each regulation that the Board proposes to make under subsection (1) shall be published in the Canada Gazette at least sixty days before the proposed effective date thereof and a reasonable opportunity shall be given to interested persons to make representations with respect thereto.

  • Marginal note:Exception

    (3) No proposed regulation that has been published pursuant to subsection (2) need again be published under that subsection, whether or not it has been altered as a result of representations made with respect thereto.

  • R.S., 1985, c. 10 (4th Supp.), s. 12.
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