Copyright Act (R.S.C., 1985, c. C-42)

Civil Remedies

Marginal note:Right of recovery

• 88 (1) Without prejudice to any other remedies available to it, the collecting body may, for the period specified in an approved tariff, collect the levies due to it under the tariff and, in default of their payment, recover them in a court of competent jurisdiction.

• Marginal note:Failure to pay royalties

  (2) The court may order a person who fails to pay any levy due under this Part to pay an amount not exceeding five times the amount of the levy to the collecting body. The collecting body must distribute the payment in the manner set out in section 84.

• Marginal note:Order directing compliance

  (3) Where any obligation imposed by this Part is not complied with, the collecting body may, in addition to any other remedy available, apply to a court of competent jurisdiction for an order directing compliance with that obligation.

• Marginal note:Factors to consider

  (4) Before making an order under subsection (2), the court must take into account

  • (a) whether the person who failed to pay the levy acted in good faith or bad faith;

  • (b) the conduct of the parties before and during the proceedings; and

  • (c) the need to deter persons from failing to pay levies.

PART IXGeneral Provisions

Marginal note:No copyright, etc., except by statute

89 No person is entitled to copyright otherwise than under and in accordance with this Act or any other Act of Parliament, but nothing in this section shall be construed as abrogating any right or jurisdiction in respect of a breach of trust or confidence.

Marginal note:Interpretation

90 No provision of this Act relating to

• (a) copyright in performer’s performances, sound recordings or communication signals, or

• (b) the right of performers or makers to remuneration

shall be construed as prejudicing any rights conferred by Part I or, in and of itself, as prejudicing the amount of royalties that the Board may fix in respect of those rights.

Marginal note:Adherence to Berne and Rome Conventions

91 The Governor in Council shall take such measures as are necessary to secure the adherence of Canada to

• (a) the Convention for the Protection of Literary and Artistic Works concluded at Berne on September 9, 1886, as revised by the Paris Act of 1971; and

• (b) the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, done at Rome on October 26, 1961.

Marginal note:Review of Act

92 Five years after the day on which this section comes into force and at the end of each subsequent period of five years, a committee of the Senate, of the House of Commons or of both Houses of Parliament is to be designated or established for the purpose of reviewing this Act.