Chapter XXXII: Part III: Supplemental Provisions (2)

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26. Application for registration of a copyright shall be made in accordance with the prescribed form, and shall be deposited at the Department together with three copies of the work if it is a book, map, chart, musical composition, photograph, print, cut or engraving, and with a written description thereof if the work is a painting, drawing or a work of sculpture, and with one complete typewritten copy thereof if the work is a dramatic work copies of which are not published.

{Sidenote: Weekly list of registered works}

{Sidenote: Copies transmitted and retained}

27. The Minister shall cause to be transmitted to the Library of the Parliament of Canada and to the British Museum a weekly list of all works registered under this Act together with one copy of each work deposited at the Department: Provided that the Minister may retain at the Department such copies of deposited works as appear in his opinion proper, but a copy of any work so retained shall be transmitted to the Library of Parliament of Canada or to the British Museum upon receipt of a demand in writing from the proper authority, such demand to be received by the Minister within six months after the date of registration of the work. Any copy of a work retained by the Minister as to which no demand is received within the time limited shall be returned to the owner of the copyright, or otherwise disposed of as to the Minister seems proper.

SPECIAL PROVISIONS AS TO CERTAIN WORKS

{Sidenote: Copyright in posthumous works}

28. In the case of a literary, dramatic or musical work or engraving which has not been published, nor, in the case of a dramatic or musical work been performed in public, nor, in the case of a lecture, been delivered in public, in the lifetime of the author, copyright shall, subject to the provisions of this Act as to first publication elsewhere than in Canada, subsist till publication, or performance or delivery in public, whichever may first happen, and for a term of fifty years thereafter.

{Sidenote: Works of joint authors}

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 assignment 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 entitled 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 substituted rights}

{Sidenote: Proviso}

33. Where any person is, immediately before the commencement of this Act, entitled 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 entitled to the substituted right set forth in the second column of that Schedule, or to the same interest in such a substituted right, and to no other right or interest, and such substituted 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 entitled to copyright thereunder: Provided that--

{Sidenote: Rights of author}

{Sidenote: Rights of assignee}

(_a_) if the author of any work in which copyright subsists at the
commencement of this Act has before that date assigned the
copyright or granted any interest therein for the whole term of the
copyright, then at the date when but for the passing of this Act
the right would have expired the corresponding right conferred by
this Act shall, in the absence of express agreement, pass 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
entitled 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: Assignment for remainder of term}

(i) to an assignment 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 assignment 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 passing 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 entitled 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: Substituted rights acquired only under this Act}

(_e_) where any person is, immediately before the commencement of
this Act, entitled 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 entitled to no other
right or interest, and such right shall subsist for the term for
which it would have subsisted but for the passing 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 entitled 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 entitled 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.

{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 document 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 documents 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 documents}

38. All documents 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 assignment 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 documents:--
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 entitled 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 | SUBSTITUTED RIGHT
|
------------------------------------------------------------------------

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

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

For the purposes of this Schedule the following expressions, where used in the first column thereof, have the following meanings:--

"copyright," in the case of a work which according to the
law in force immediately before the commencement of this Act
has not been published before that date and statutory
copyright wherein depends on publication, includes the right
at common law (if any) to restrain publication or other
dealing with the work;

"performing right," in the case of a work which has not been
performed in public before the commencement of this Act,
includes the right at common law (if any) to restrain the
performance thereof in public.

SECOND SCHEDULE

ENACTMENTS REPEALED

8. AUSTRALIAN COPYRIGHT ACT, 1905

(Assented to 21st December, 1905)

Be it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia as follows:--

PART I.--PRELIMINARY

{Sidenote: Short title}

1. _Short Title._--This Act may be cited as the Copyright Act, 1905.

{Sidenote: Commencement}

2. _Commencement._--This Act shall commence on a day to be fixed by Proclamation.

{Sidenote: Parts}

3. _Parts._--This Act is divided as follows:--

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