Copyright: Its History and Its Law Part 68

{Sidenote: Extent of order}

(2.) An order in council under this section may extend to all the several countries named or described therein.

{Sidenote: Evidence of foreign copyright}

36. Where it is necessary to prove the existence in a foreign country to which an order in council under this Act applies of the copyright in any work, or the ownership of such right, an extract from a register, or a certificate, or other doc.u.ment stating the existence of such right, or the person who is the owner of such right, if authenticated by the official seal of a Minister of State of such foreign country, or by the official seal or the signature of a British diplomatic or consular officer acting in such country, shall be admissible as evidence of the facts named therein, and all courts shall take judicial notice of every such official seal and signature as is in this section mentioned, and shall admit in evidence, without proof, the doc.u.ments authenticated by it.

EVIDENCE

{Sidenote: Certified copies as evidence}

37. All copies or extracts certified by the Department shall be received in evidence without further proof and without production of the originals.

{Sidenote: Validity of doc.u.ments}

38. All doc.u.ments executed and accepted by the Minister shall be held valid, so far as relates to official proceedings under this Act.

FEES

39. The following fees shall be paid to the Minister before an application for any of the following purposes is received, that is to say:--

{Sidenote: Registration fees}

Registering a copyright $1.00 Registering a temporary copyright 0.50 Registering an a.s.signment 1.00 Certified copy of registration 0.50 Registering any decision of a court of justice, for every folio of 100 words 0.50

{Sidenote: Fees for Office copies}

Certified copies of doc.u.ments:-- For first folio of one hundred words 0.25 For every subsequent folio (fractions of or under one-half folio not being counted, and of one-half or more being counted) 0.10

{Sidenote: Fees in full of all services}

(2.) The said fees shall be in full of all services performed under this Act by the Minister or by any person employed by him.

{Sidenote: Application}

(3.) All fees received under this Act shall be paid over to the Minister of Finance and shall form part of the Consolidated Revenue Fund of Canada.

{Sidenote: No exemption from fees}

(4.) No person shall be exempt from the payment of any fee or charge payable in respect of any services performed under this Act for such person.

CLERICAL ERRORS NOT TO INVALIDATE

{Sidenote: Clerical errors may be corrected}

40. Clerical errors which occur in the framing or copying of an instrument drawn by any officer or employee in or of the Department shall not be construed as invalidating such instrument, but when discovered they may be corrected under the authority of the Minister.

RULES AND REGULATIONS

{Sidenote: Rules, regulations and forms}

41. The Minister may, from time to time, subject to the approval of the Governor in Council, make such rules and regulations, and prescribe such forms as appear to him necessary and expedient for the purposes of this Act; and such regulations and forms, circulated in print for the use of the public, shall be deemed to be correct for the purposes of this Act.

{Sidenote: Abrogation of common law rights}

42. No person shall be ent.i.tled to copyright or any similar right in any literary, dramatic, musical or artistic work otherwise than under and in accordance with the provisions of this Act, or of any other statutory enactment for the time being in force.

{Sidenote: Orders in Council}

43. The Governor in Council may make orders for altering, revoking, or varying any order in council made under this Act, but any order made under this section shall not affect prejudicially any rights or interests acquired or accrued at the date when the order comes into operation, and shall provide for the protection of such rights and interests.

{Sidenote: Publication}

{Sidenote: Laid before Parliament}

(2.) Every order in council made under this Act shall be published in _The Canada Gazette_, and shall be laid before Parliament as soon as may be after it is made, and shall have effect as if enacted in this Act.

{Sidenote: Repeal of certain enactments}

44. Subject to the provisions of this Act, the enactments mentioned in the Second Schedule to this Act are, so far as they are operative in Canada, hereby repealed to the extent specified in the third column of that Schedule.

{Sidenote: Repeal}

45. Chapter 70 of the Revised Statutes, 1906, and chapter 17 of the statutes of 1908, are repealed.

{Sidenote: Commencement of Act}

46. This Act shall come into force on a day to be named by proclamation of the Governor General.

FIRST SCHEDULE

EXISTING RIGHTS

------------------------------------------------------------------------ EXISTING RIGHT SUBSt.i.tUTED RIGHT ------------------------------------------------------------------------

(_a_) _In the case of Works other than Dramatic and Musical Works._

Copyright. Copyright as defined by this Act.

(_b_) _In the case of Musical and Dramatic Works._