Copyright: Its History and Its Law Part 67

29. In the case of a work of joint authorship copyright shall subsist during the life of the author who first dies and for a term of fifty years after his death, or during the life of the author who dies last, whichever period is the longer.

{Sidenote: Collective works}

30. Where the work of an author is first published as an article or other contribution in a collective work (that is to say):--

(_a_) an encyclopaedia, dictionary, year book, or similar work;

(_b_) a newspaper, review, magazine, or other similar periodical;

(_c_) a work written in distinct parts by different authors;

{Sidenote: Respective rights of contributors and proprietors}

and the proprietor of the collective work is not by virtue of this Act or any a.s.signment thereunder the owner of the copyright in the article or contribution, then, subject to any agreement to the contrary, the owner of the copyright in each article or contribution shall retain his copyright therein, but the proprietor of the collective work shall at all times have the right of reproducing and authorising the reproduction of the work as a whole, and for a period of fifty years from the date of first publication of the collective work shall have the sole right of reproducing and authorising the reproduction of the work as a whole, and shall be ent.i.tled to the same remedies in respect of the infringement of the copyright in any part of the work as if he were the owner of the copyright.

{Sidenote: Copyright in photographs, records and perforated rolls}

31. The term for which copyright shall subsist in photographs, and in records, perforated rolls and other contrivances by means of which a work may be mechanically performed or delivered, shall be fifty years from the making of the negative or plate, and the person who was owner of the original negative or plate from which the photograph or other contrivance was directly or indirectly derived at the time when such negative or plate was made shall be deemed to be the author of the work, and where such owner is a body corporate the body corporate shall be deemed for the purposes of this Act to reside within the parts of His Majesty's dominions to which this Act extends if it has established a place of business within such parts.

{Sidenote: Application of Act to registered designs}

32. This Act shall not apply to designs capable of being registered under _The Trade Mark and Design Act_, except designs which, though capable of being so registered, are not used or intended to be used as models or patterns to be multiplied by any industrial process.

{Sidenote: Rules}

(2.) General rules under section 39 of _The Trade Mark and Design Act_, may be made for determining the conditions under which a design shall be deemed to be used for such purposes as aforesaid.

EXISTING WORKS

{Sidenote: Copyright in existing works, and subst.i.tuted rights}

{Sidenote: Proviso}

33. Where any person is, immediately before the commencement of this Act, ent.i.tled to any such right in any work specified in the first column of the First Schedule to this Act, or to any interest in such a right, he shall as from that date be ent.i.tled to the subst.i.tuted right set forth in the second column of that Schedule, or to the same interest in such a subst.i.tuted right, and to no other right or interest, and such subst.i.tuted right or interest therein 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 ent.i.tled to copyright thereunder: Provided that--

{Sidenote: Rights of author}

{Sidenote: Rights of a.s.signee}

(_a_) if the author of any work in which copyright subsists at the commencement of this Act has before that date a.s.signed the copyright or granted any interest therein for the whole term of the copyright, then at the date when but for the pa.s.sing of this Act the right would have expired the corresponding right conferred by this Act shall, in the absence of express agreement, pa.s.s to the author of the work, and any interest therein created before the commencement of this Act and then subsisting shall determine; but the person who immediately before the date at which the right would so have expired was the owner of the right or interest shall be ent.i.tled at his option (to be signified in writing not more than one year nor less than six months before the last-mentioned date) either--

{Sidenote: a.s.signment for remainder of term}

(i) to an a.s.signment 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,

{Sidenote: Reproduction on payment of royalties}

(ii) without any such a.s.signment or grant, to continue to reproduce or perform the work in like manner as theretofore on the payment of such royalties to the author as, failing agreement, may be determined by arbitration:

{Sidenote: Prior proceedings not affected}

(_b_) nothing in this section shall affect anything done before the commencement of this Act;

{Sidenote: Existing rights saved}

(_c_) where any person has, before the twenty-sixth day of April, nineteen hundred and eleven, taken any action or incurred any expenditure for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, but for the pa.s.sing of this Act, have been lawful, nothing in this section shall diminish or prejudice any right or interest arising from or in connection with such action or expenditure which are subsisting and valuable at the said date, unless the person who by virtue of this section becomes ent.i.tled to restrain such reproduction or performance agrees to pay such compensation as, failing agreement, may be determined by arbitration;

{Sidenote: Rights in records, perforated rolls and contrivances}

(_d_) the sole right of making and authorising the making of records, perforated rolls or other contrivances by means of which literary, dramatic or musical works may be mechanically performed shall not be enjoyed by the owner of the copyright in any literary, dramatic, or musical work for the mechanical performance of which any such contrivances have been lawfully made within His Majesty's dominions by any person before the twenty-sixth day of April, nineteen hundred and eleven;

{Sidenote: Subst.i.tuted rights acquired only under this Act}

(_e_) where any person is, immediately before the commencement of this Act, ent.i.tled to any right in any work specified in the first column of the First Schedule to this Act or to any interest in such right, and such person does not satisfy the conditions conferring copyright laid down by this Act, he shall be ent.i.tled to no other right or interest, and such right shall subsist for the term for which it would have subsisted but for the pa.s.sing of this Act.

{Sidenote: Limitation of existing rights}

(2.) Subject to the provisions of this Act, copyright shall not subsist in any work made before the commencement of this Act, otherwise than under and in accordance with the provisions of this section.

IMPERIAL RECIPROCITY

{Sidenote: Application of Act to works of authors resident in British dominions other than Canada}

34. The Governor in Council may by order in council direct that this Act (except such part, if any, thereof as may be specified in the order and subject to such conditions and limitations as may be specified) shall apply to literary, dramatic, musical and artistic works the authors whereof were at the time of the making of the work bona fide residents in a part of His Majesty's dominions, other than Canada, to which the order relates, or British subjects resident elsewhere than in Canada:

{Sidenote: Proviso}

Provided that, before making an order in council under this section with respect to any part of His Majesty's dominions, the Governor in Council shall be satisfied that that part has made or has undertaken to make such provisions as it appears to the Governor in Council expedient to require for the protection of persons ent.i.tled to copyright under this Act.

INTERNATIONAL

{Sidenote: Application of Act to works of residents in foreign countries}

35. The Governor in Council may, by order in council, direct that this Act (except such parts thereof, if any, as may be specified in the order) shall apply to literary, dramatic, musical and artistic works the authors whereof were at the time of the making thereof subjects or citizens of or bona fide residents in a foreign country to which the order relates, and thereupon, subject to the provisions of this Act and of the order, this Act shall apply accordingly:

{Sidenote: Proviso}

Provided that--

(i) before making an order in council under this section the Governor in Council shall be satisfied that that foreign country has made or has undertaken to make such provisions as it appears to the Governor in Council expedient to require for the protection of works ent.i.tled to copyright under this Act;

(ii) the order in council may provide that the term of copyright within Canada shall not exceed that conferred by the law of the country to which the order relates;

(iii) the order in council may provide that the enjoyment of the rights conferred by this Act shall be subject to the accomplishment of such conditions and formalities as may be prescribed by the order;

(iv) in applying the provisions of this Act as to existing works the order in council may make such modifications as appear necessary, and may provide that nothing in those provisions as so applied shall be construed as reviving any right of preventing the production or importation of any translation in any case where the right has ceased.