GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Copyright Act — C-42 17.1
Moral rights 17.1 (1) In the cases referred to in subsections 15(2.1) and (2.2), a performer of a live aural performance or a performance fixed in a sound recording has, subject to subsection 28.2(1), the right to the integrity of the performance, and — in connection with an act mentioned in subsection 15(1.1) or one for which the performer has a right to remuneration under section 19 — the right, if it is reasonable in the circumstances, to be associated with the performance as its performer by name or under a pseudonym and the right to remain anonymous. No assignment of moral rights (2) Moral rights may not be assigned but may be waived in whole or in part. No waiver by assignment (3) An assignment of copyright in a performer’s performance does not by itself constitute a waiver of any moral rights. Effect of waiver (4) If a waiver of any moral right is made in favour of an owner or a licensee of a copyright, it may be invoked by any person authorized by the owner or licensee to use the performer’s performance, unless there is an indication to the contrary in the waiver. 2012, c. 20, s. 10
Copyright Act — C-42 17.2
Application and term 17.2 (1) Subsection 17.1(1) applies only in respect of a performer’s performance that occurs after the coming into force of that subsection. The moral rights subsist for the same term as the copyright in that performer’s performance. Succession (2) The moral rights in respect of a performer’s performance pass, on the performer’s death, to (a) the person to whom those rights are specifically bequeathed; (b) if there is not a specific bequest of those moral rights and the performer dies testate in respect of the copyright in the performer’s performance, the person to whom that copyright is bequeathed; or (c) if there is not a person as described in paragraph (a) or (b), the person entitled to any other property in respect of which the performer dies intestate. Subsequent succession (3) Subsection (2) applies, with any modifications that the circumstances require, on the death of any person who holds moral rights. 2012, c. 20, s. 10
Copyright Act — C-42 19
Right to remuneration — Canada 19 (1) If a sound recording has been published, the performer and maker are entitled, subject to subsection 20(1), to be paid equitable remuneration for its performance in public or its communication to the public by telecommunication, except for a communication in the circumstances referred to in paragraph 15(1.1)(d) or 18(1.1)(a) and any retransmission. Right to remuneration — Rome Convention country (1.1) If a sound recording has been published, the performer and maker are entitled, subject to subsections 20(1.1) and (2), to be paid equitable remuneration for its performance in public or its communication to the public by telecommunication, except for (a) a communication in the circumstances referred to in paragraph 15(1.1)(d) or 18(1.1)(a), if the person entitled to the equitable remuneration is entitled to the right referred to in those paragraphs for that communication; and (b) any retransmission. Right to remuneration — WPPT country (1.2) If a sound recording has been published, the performer and maker are entitled, subject to subsections 20(1.2) and (2.1), to be paid equitable remuneration for its performance in public or its communication to the public by telecommunication, except for a communication in the circumstances referred to in paragraph 15(1.1)(d) or 18(1.1)(a) and any retransmission. Royalties (2) For the purpose of providing the remuneration mentioned in this section, a person who performs a published sound recording in public or communicates it to the public by telecommunication is liable to pay royalties (a) in the case of a sound recording of a musical work, to the collective society authorized under Part VII.1 to collect them; or (b) in the case of a sound recording of a literary work or dramatic work, to either the maker of the sound recording or the performer. Division of royalties (3) The royalties, once paid pursuant to paragraph (2)(a) or (b), shall be divided so that (a) the performer or performers receive in aggregate fifty per cent; and (b) the maker or makers receive in aggregate fifty per cent. R.S., 1985, c. C-42, s. 19; 1994, c. 47, s. 59; 1997, c. 24, s. 14; 2012, c. 20, s. 12 2018, c. 27, s. 281
Copyright Act — C-42 19.1
Deemed publication — Canada 19.1 Despite subsection 2.2(1), a sound recording that has been made available to the public by telecommunication in a way that allows a member of the public to access it from a place and at a time individually chosen by that member of the public, or that has been communicated to the public by telecommunication in that way, is deemed to have been published for the purposes of subsection 19(1). 2012, c. 20, s. 13
Copyright Act — C-42 19.2
Deemed publication — WPPT country 19.2 Despite subsection 2.2(1), a sound recording that has been made available to the public by telecommunication in a way that allows a member of the public to access it from a place and at a time individually chosen by that member of the public, or that has been communicated to the public by telecommunication in that way, is deemed to have been published for the purposes of subsection 19(1.2). 2012, c. 20, s. 14
Copyright Act — C-42 20
Conditions — Canada 20 (1) The right to remuneration conferred by subsection 19(1) applies only if (a) the maker was, at the date of the first fixation, a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if a corporation, had its headquarters in Canada; or (b) all the fixations done for the sound recording occurred in Canada. Conditions — Rome Convention country (1.1) The right to remuneration conferred by subsection 19(1.1) applies only if (a) the maker was, at the date of the first fixation, a citizen or permanent resident of a Rome Convention country or, if a corporation, had its headquarters in a Rome Convention country; or (b) all the fixations done for the sound recording occurred in a Rome Convention country. Conditions — WPPT country (1.2) The right to remuneration conferred by subsection 19(1.2) applies only if (a) the maker was, at the date of the first fixation, a citizen or permanent resident of a WPPT country or, if a corporation, had its headquarters in a WPPT country; or (b) all the fixations done for the sound recording occurred in a WPPT country. Exception — Rome Convention country (2) Despite subsection (1.1), if the Minister is of the opinion that a Rome Convention country does not grant a right to remuneration, similar in scope and duration to that provided by subsection 19(1.1), for the performance in public or the communication to the public of a sound recording whose maker, at the date of its first fixation, was a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if a corporation, had its headquarters in Canada, the Minister may, by a statement published in the Canada Gazette , limit the scope and duration of the protection for sound recordings whose first fixation is done by a maker who is a citizen or permanent resident of that country or, if a corporation, has its headquarters in that country. Exception — WPPT country (2.1) Despite subsection (1.2), if the Minister is of the opinion that a WPPT country does not grant a right to remuneration, similar in scope and duration to that provided by subsection 19(1.2), for the performance in public or the communication to the public of a sound recording whose maker, at the date of its first fixation, was a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if a corporation, had its headquarters in Canada, the Minister may, by a statement published in the Canada Gazette , limit the scope and duration of the protection for sound recordings whose first fixation is done by a maker who is a citizen or permanent resident of that country or, if a corporation, has its headquarters in that country. (3) [Repealed, 2020, c. 1, s. 28] (4) [Repealed, 2020, c. 1, s. 28] R.S., 1985, c. C-42, s. 20; 1994, c. 47, s. 59; 1997, c. 24, s. 14; 2001, c. 27, s. 238; 2012, c. 20, s. 15 2020, c. 1, s. 28
Copyright Act — C-42 21
Copyright in communication signals 21 (1) Subject to subsection (2), a broadcaster has a copyright in the communication signals that it broadcasts, consisting of the sole right to do the following in relation to the communication signal or any substantial part thereof: (a) to fix it, (b) to reproduce any fixation of it that was made without the broadcaster’s consent, (c) to authorize another broadcaster to retransmit it to the public simultaneously with its broadcast, and (d) in the case of a television communication signal, to perform it in a place open to the public on payment of an entrance fee, and to authorize any act described in paragraph (a), (b) or (d). Conditions for copyright (2) Subsection (1) applies only if the broadcaster (a) at the time of the broadcast, had its headquarters in Canada, in a country that is a WTO Member or in a Rome Convention country; and (b) broadcasts the communication signal from that country. Exception (3) Notwithstanding subsection (2), if the Minister is of the opinion that a Rome Convention country or a country that is a WTO Member does not grant the right mentioned in paragraph (1)(d), the Minister may, by a statement published in the Canada Gazette , declare that broadcasters that have their headquarters in that country are not entitled to that right. R.S., 1985, c. C-42, s. 21; 1994, c. 47, s. 59; 1997, c. 24, s. 14
Copyright Act — C-42 22
Reciprocity 22 (1) If the Minister is of the opinion that a country other than a Rome Convention country or a WPPT country grants or has undertaken to grant (a) to performers and to makers of sound recordings, or (b) to broadcasters that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette , (c) grant the benefits conferred by this Part (i) to performers and to makers of sound recordings, or (ii) to broadcasters as the case may be, that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country, and (d) declare that that country shall, as regards those benefits, be treated as if it were a country to which this Part extends. Reciprocity (2) If the Minister is of the opinion that a country other than a Rome Convention country or a WPPT country neither grants nor has undertaken to grant (a) to performers, and to makers of sound recordings, or (b) to broadcasters that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette , (c) grant the benefits conferred by this Part to performers, makers of sound recordings or broadcasters that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country, as the case may be, to the extent that that country grants that those benefits to performers, makers of sound recordings or broadcasters that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, and (d) declare that that country shall, as regards those benefits, be treated as if it were a country to which this Part extends. Application of Act (3) Any provision of this Act that the Minister specifies in a statement referred to in subsection (1) or (2) (a) applies in respect of performers, makers of sound recordings or broadcasters covered by that statement, as if they were citizens of or, if corporations, had their headquarters in Canada; and (b) applies in respect of a country covered by that statement, as if that country were Canada. Application of Act (4) Subject to any exceptions that the Minister may specify in a statement referred to in subsection (1) or (2), the other provisions of this Act also apply in the way described in subsection (3). R.S., 1985, c. C-42, s. 22; 1994, c. 47, s. 59; 1997, c. 24, s. 14; 2001, c. 27, s. 239; 2012, c. 20, s. 16
Copyright Act — C-42 23
Term of copyright — performer’s performance 23 (1) Subject to this Act, copyright in a performer’s performance subsists until the end of 50 years after the end of the calendar year in which the performance occurs. However, (a) if the performance is fixed in a sound recording before the copyright expires, the copyright continues until the end of 70 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs; and (b) if a sound recording in which the performance is fixed is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first such publication occurs and the end of 100 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs. Term of copyright — sound recording (1.1) Subject to this Act, copyright in a sound recording subsists until the end of 70 years after the end of the calendar year in which the first fixation of the sound recording occurs. However, if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of 100 years after the end of the calendar year in which that first fixation occurs. Term of copyright — communication signal (1.2) Subject to this Act, copyright in a communication signal subsists until the end of 50 years after the end of the calendar year in which the communication signal is broadcast. Term of right to remuneration (2) The rights to remuneration conferred on performers and makers by section 19 have the same terms, respectively, as those provided by subsections (1) and (1.1). Application of subsections (1) to (2) (3) Subsections (1) to (2) apply whether the fixation, performance or broadcast occurred before or after the coming into force of this section. Berne Convention countries, Rome Convention countries, WTO Members (4) Where the performer’s performance, sound recording or communication signal meets the requirements set out in section 15, 18 or 21, as the case may be, a country that becomes a Berne Convention country, a Rome Convention country or a WTO Member after the date of the fixation, performance or broadcast is, as of becoming a Berne Convention country, Rome Convention country or WTO Member, as the case may be, deemed to have been such at the date of the fixation, performance or broadcast. Where term of protection expired (5) Subsection (4) does not confer any protection in Canada where the term of protection in the country referred to in that subsection had expired before that country became a Berne Convention country, Rome Convention country or WTO Member, as the case may be. R.S., 1985, c. C-42, s. 23; 1994, c. 47, s. 59; 1997, c. 24, s. 14; 2012, c. 20, s. 17; 2015, c. 36, s. 81 2020, c. 1, s. 29
Copyright Act — C-42 24
Ownership of copyright 24 The first owner of the copyright (a) in a performer’s performance, is the performer; (b) in a sound recording, is the maker; or (c) in a communication signal, is the broadcaster that broadcasts it. R.S., 1985, c. C-42, s. 24; 1994, c. 47, s. 59; 1997, c. 24, s. 14
Copyright Act — C-42 25
Assignment of rights 25 Subsections 13(4) to (7) apply, with such modifications as the circumstances require, in respect of the rights conferred by this Part on performers, makers of sound recordings and broadcasters. R.S., 1985, c. C-42, s. 25; 1993, c. 44, s. 62; 1994, c. 47, s. 59; 1997, c. 24, s. 14
Copyright Act — C-42 26
Performer’s performance in WTO country 26 (1) Where a performer’s performance takes place on or after January 1, 1996 in a country that is a WTO Member, the performer has, as of the date of the performer’s performance, a copyright in the performer’s performance, consisting of the sole right to do the following in relation to the performer’s performance or any substantial part thereof: (a) if it is not fixed, to communicate it to the public by telecommunication and to fix it in a sound recording, and (b) if it has been fixed in a sound recording without the performer’s authorization, to reproduce the fixation or any substantial part thereof, and to authorize any such acts. Where country joins WTO after Jan. 1, 1996 (2) Where a performer’s performance takes place on or after January 1, 1996 in a country that becomes a WTO Member after the date of the performer’s performance, the performer has the copyright described in subsection (1) as of the date the country becomes a WTO Member. Performer’s performances before Jan. 1, 1996 (3) Where a performer’s performance takes place before January 1, 1996 in a country that is a WTO Member, the performer has, as of January 1, 1996, the sole right to do and to authorize the act described in paragraph (1)(b). Where country joins WTO after Jan. 1, 1996 (4) Where a performer’s performance takes place before January 1, 1996 in a country that becomes a WTO Member on or after January 1, 1996, the performer has the right described in subsection (3) as of the date the country becomes a WTO Member. Term of performer’s rights (5) The rights conferred by this section subsist for the remainder of the calendar year in which the performer’s performance takes place and a period of fifty years following the end of that calendar year. Assignment of rights (6) Subsections 13(4) to (7) apply, with such modifications as the circumstances require, in respect of a performer’s rights conferred by this section. Limitation (7) Notwithstanding an assignment of a performer’s right conferred by this section, the performer, as well as the assignee, may (a) prevent the reproduction of (i) any fixation of the performer’s performance, or (ii) any substantial part of such a fixation, where the fixation was made without the performer’s consent or the assignee’s consent; and (b) prevent the importation of any fixation of the performer’s performance, or any reproduction of such a fixation, that the importer knows or ought to have known was made without the performer’s consent or the assignee’s consent. R.S., 1985, c. C-42, s. 26; R.S., 1985, c. 10 (4th Supp.), s. 17(F); 1993, c. 44, s. 63; 1994, c. 47, s. 59; 1997, c. 24, s. 14
Copyright Act — C-42 27
as a result of enabling the acts of copyright infringement; and (f) the economic viability of the provision of the service if it were not used to enable acts of copyright infringement. Knowledge of importer (3) In determining whether there is an infringement under subsection (2) in the case of an activity referred to in any of paragraphs (2)(a) to (d) in relation to a copy that was imported in the circumstances referred to in paragraph (2)(e), it is irrelevant whether the importer knew or should have known that the importation of the copy infringed copyright. Plates (4) It is an infringement of copyright for any person to make or possess a plate that has been specifically designed or adapted for the purpose of making infringing copies of a work or other subject-matter. Public performance for profit (5) It is an infringement of copyright for any person, for profit, to permit a theatre or other place of entertainment to be used for the performance in public of a work or other subject-matter without the consent of the owner of the copyright unless that person was not aware, and had no reasonable ground for suspecting, that the performance would be an infringement of copyright. R.S., 1985, c. C-42, s. 27; R.S., 1985, c. 1 (3rd Supp.), s. 13, c. 10 (4th Supp.), s. 5; 1993, c. 44, s. 64; 1997, c. 24, s. 15; 2012, c. 20, s. 18; 2014, c. 32, s. 3
Copyright Act — C-42 27.1
Importation of books 27.1 (1) Subject to any regulations made under subsection (6), it is an infringement of copyright in a book for any person to import the book where (a) copies of the book were made with the consent of the owner of the copyright in the book in the country where the copies were made, but were imported without the consent of the owner of the copyright in the book in Canada; and (b) the person knows or should have known that the book would infringe copyright if it was made in Canada by the importer. Secondary infringement (2) Subject to any regulations made under subsection (6), where the circumstances described in paragraph (1)(a) exist, it is an infringement of copyright in an imported book for any person who knew or should have known that the book would infringe copyright if it was made in Canada by the importer to (a) sell or rent out the book; (b) by way of trade, distribute, expose or offer for sale or rental, or exhibit in public, the book; or (c) possess the book for the purpose of any of the activities referred to in paragraph (a) or (b). Limitation (3) Subsections (1) and (2) only apply where there is an exclusive distributor of the book and the acts described in those subsections take place in the part of Canada or in respect of the particular sector of the market for which the person is the exclusive distributor. Exclusive distributor (4) An exclusive distributor is deemed, for the purposes of entitlement to any of the remedies under Part IV in relation to an infringement under this section, to derive an interest in the copyright in question by licence. Notice (5) No exclusive distributor, copyright owner or exclusive licensee is entitled to a remedy under Part IV in relation to an infringement under this section unless, before the infringement occurred, notice has been given within the prescribed time and in the prescribed manner to the person referred to in subsection (1) or (2), as the case may be, that there is an exclusive distributor of the book. Regulations (6) The Governor in Council may, by regulation, establish terms and conditions for the importation of certain categories of books, including remaindered books, books intended solely for re-export and books imported by special order. 1997, c. 24, s. 15
Copyright Act — C-42 28.02 and 28.03
28.02 and 28.03 [Repealed, 1997, c. 24, s. 17]
Copyright Act — C-42 28.1
Infringement generally 28.1 Any act or omission that is contrary to any of the moral rights of the author of a work or of the performer of a performer’s performance is, in the absence of the author’s or performer’s consent, an infringement of those rights. R.S., 1985, c. 10 (4th Supp.), s. 6; 2012, c. 20, s. 19
Copyright Act — C-42 28.2
Nature of right of integrity 28.2 (1) The author’s or performer’s right to the integrity of a work or performer’s performance is infringed only if the work or the performance is, to the prejudice of its author’s or performer’s honour or reputation, (a) distorted, mutilated or otherwise modified; or (b) used in association with a product, service, cause or institution. Where prejudice deemed (2) In the case of a painting, sculpture or engraving, the prejudice referred to in subsection (1) shall be deemed to have occurred as a result of any distortion, mutilation or other modification of the work. When work not distorted, etc. (3) For the purposes of this section, (a) a change in the location of a work, the physical means by which a work is exposed or the physical structure containing a work, or (b) steps taken in good faith to restore or preserve the work shall not, by that act alone, constitute a distortion, mutilation or other modification of the work. R.S., 1985, c. 10 (4th Supp.), s. 6; 2012, c. 20, s. 20