Copyright: Its History and Its Law Part 64

(3.) Every painting, drawing or work of sculpture published in Canada shall be made in Canada, and the signature of the author shall be notice of copyright.

INFRINGEMENT

{Sidenote: Infringement of copyright}

4. Copyright in a work shall be deemed to be infringed by any person who, without the consent of the owner of the copyright, does anything the sole right to do which is by this Act conferred on the owner of the copyright: Provided that the following acts shall not const.i.tute an infringement of copyright;--

{Sidenote: Exceptions}

(i) any fair dealing with any work for the purposes of private study, research, criticism or review;

(ii) where the author of an artistic work is not the owner of the copyright therein, the use by the author of any mould, cast, sketch, plan, model or study made by him for the purpose of the work, provided that he does not thereby repeat or imitate the main design of the work;

(iii) the making of paintings, drawings, engravings or photographs of a work of sculpture or artistic craftsmanship, if situate in a public place or building, or the making of paintings, drawings, engravings or photographs (which are not in the nature of architectural drawings or plans) of any architectural work of art;

(iv) the publication in a newspaper of a report of a lecture delivered in public, unless the report is prohibited by notice given either--

(_a_) orally, at the beginning of the lecture, or, if the lecture is one of a series of lectures given by the same lecturer on the same subject at the same place, at the beginning of the first lecture of the series; or

(_b_) by a conspicuous written or printed notice affixed, before the lecture, or the first lecture of the series, is given, on the entrance doors of the building in which the lecture or series of lectures is given, or in a place near the lecturer.

(v) the representing of any scene or object, notwithstanding that there may be copyright in some other representation of such scene or object.

{Sidenote: Infringement by sale, etc.}

(2.) Copyright in a work shall also be deemed to be infringed by any person who sells or lets for hire, or exposes, offers or has in his possession for sale or hire, or distributes or exhibits in public, or imports for sale or hire into Canada, any work which to his knowledge infringes copyright or would infringe copyright if it had been made in Canada.

{Sidenote: Infringement by public performance}

(3.) Copyright in a work shall also be deemed to be infringed by any person who for private profit permits a theatre or other place of entertainment to be used for the performance in public of the work without the consent of the owner of the copyright, unless he proves that he acted innocently.

TERM OF COPYRIGHT

{Sidenote: Term of copyright}

5. The term for which copyright shall subsist, shall, except as otherwise provided by this Act, be the life of the author and a period of fifty years after his death unless previously determined by first publication elsewhere than in Canada, except as otherwise provided by this Act, or by failure to comply with any other requirement of this Act.

LICENSES TO REPUBLISH

{Sidenote: License to republish or perform work in public granted by Minister upon pet.i.tion}

6. If, at any time after a work has been published or performed in public, a pet.i.tion is presented to the Minister by any person interested, alleging that, by reason of the withholding of the work from the public or of the price charged for copies of the work or for the right to perform the work in public, the reasonable requirements of the public with respect to the work are not satisfied, and praying for the grant of a license to reproduce the work or perform the work in public, the Minister shall consider the pet.i.tion, and of, after inquiry, he is satisfied that the allegations contained therein are correct, and if within a reasonable time no remedy is provided by the owner of the copyright, he may grant to the pet.i.tioner a license to reproduce or perform the work in public in Canada on such terms as respects price and payment of royalties to the owner of the copyright in the work, and otherwise, as the Minister thinks fit.

{Sidenote: Appeal}

(2.) Any decision of the Minister under this section shall be subject to appeal to the Exchequer Court of Canada, and the decision of that court shall be final.

{Sidenote: Ownership of copyright}

OWNERSHIP AND a.s.sIGNMENT OF COPYRIGHT

7. Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein:

Provided that--

(_a_) where in the case of an engraving, photograph or portrait the work was ordered by some other person and was made for valuable consideration in pursuance of that order, then, in the absence of any agreement in writing to the contrary the person by whom the work was ordered shall be the first owner of the copyright;

(_b_) where the author was in the employment of some other person and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright.

{Sidenote: a.s.signment of copyright}

(2.) The owner of the copyright in any work may a.s.sign the right, either wholly or partially, and either generally or subject to limitations to any particular place, and either for the whole term of the copyright or any part thereof, and may grant any interest in the right by license, but no such a.s.signment or grant shall be valid unless it is in writing signed by the owner of the right in respect of which the a.s.signment or grant is made, or by his duly authorized agent.

{Sidenote: Registration of a.s.signment or license}

(3.) Any grant of an interest in a copyright, either by a.s.signment or license, shall be adjudged void against any subsequent a.s.signee or licensee for valuable consideration without actual notice unless such a.s.signment or license is registered in the manner directed by this Act before the registering of the instrument under which the subsequent a.s.signee or licensee claims.

{Sidenote: Duplicate copies}

(4.) For the purposes of this Act as to registration, any grant of an interest in a copyright, either by way of a.s.signment or license, shall be made in duplicate.

{Sidenote: Application for registration}

(5.) Application for registration of a grant of any interest in a copyright, either by way of a.s.signment or license, shall be made by production of both duplicates to the Department and payment of the prescribed fee. One duplicate shall be retained at the Department and the other shall be returned to the person depositing it, with a certificate of registration.

{Sidenote: a.s.signee or licensee must comply with Act}

(6.) Subject to the provisions of this Act the grant of an interest in a copyright, either by a.s.signment or license, shall be void unless the a.s.signee or licensee, at the time such grant is executed, satisfies the conditions conferring copyright prescribed by this Act.

CIVIL REMEDIES

{Sidenote: Civil remedies for infringement of copyright}

8. Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this Act, be ent.i.tled to all such remedies by way of injunction, damages, accounts and otherwise as are conferred by law.

{Sidenote: Costs}

(2.) The costs in any proceedings in respect of the infringement of copyright shall be in the absolute discretion of the court.

{Sidenote: Rights of owner respecting pirated copies}

9. All pirated copies of any work in which copyright subsists, and all plates used or intended to be used for the production of pirated copies of such work, shall be deemed to be the property of the owner of the copyright, who may take proceedings for the recovery of possession of such copies or in respect of the conversion thereof.