PART III.

Reading edition

SUPPLEMENTAL PROVISIONS.

Abrogation of common law rights

31. No person shall be entitled to copyright or any similar right in any literary, dramatic, musical, or artistic work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act, or of any other statutory enactment for the time being in force, but nothing in this section shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.

Provisions as to Orders in Council

32.—(1) His Majesty in Council may make Orders for altering, revoking, or varying any Order in Council made under this Act, or under any enactments repealed by this Act, but any Order made under this section shall not affect prejudicially any rights or interests acquired or accrued at the date when the Order comes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.

(2) Every Order in Council made under this Act shall be published in the London Gazette and shall be laid before both Houses of Parliament as soon as may be after it is made, and shall have effect as if enacted in this Act.

Saving of university copyright. 15 Geo. 3. c. 53

33. Nothing in this Act shall deprive any of the universities and colleges mentioned in the Copyright Act, 1775, of any copyright they already possess under that Act, but the remedies and penalties for infringement of any such copyright shall be under this Act and not under that Act.

Saving of compensation to certain libraries

34. There shall continue to be charged on, and paid out of, the Consolidated Fund of the United Kingdom such annual compensation as was immediately before the commencement of this Act payable in pursuance of any Act as compensation to a library for the loss of the right to receive gratuitous copies of books:

Provided that this compensation shall not be paid to a library in any year, unless the Treasury are satisfied that the compensation for the previous year has been applied in the purchase of books for the use of and to be preserved in the library.

Interpretation

35.—(1) In this Act, unless the context otherwise requires,—

"Literary work" includes maps, charts, plans, tables, and compilations;

"Dramatic work" includes any piece for recitation, choregraphic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise, and any cinematograph production where the arrangement or acting form or the combination of incidents represented give the work an original character;

"Artistic work" includes works of painting, drawing, sculpture and artistic craftsmanship, and architectural works of art and engravings and photographs;

"Work of sculpture" includes casts and models;

"Architectural work of art" means any building or structure having an artistic character or design, in respect of such character or design, or any model for such building or structure, provided that the protection afforded by this Act shall be confined to the artistic character and design, and shall not extend to processes or methods of construction;

"Engravings" include etchings, lithographs, woodcuts, prints, and other similar works, not being photographs;

"Photograph" includes photo-lithograph and any work produced by any process analogous to photography;

"Cinematograph" includes any work produced by any process analogous to cinematography;

"Collective work" means—

(a) an encyclopædia, dictionary, year book, or similar work;

(b) a newspaper, review, magazine, or similar periodical; and

(c) any work written in distinct parts by different authors, or in which works or parts of works of different authors are incorporated;

"Infringing," when applied to a copy of a work in which copyright subsists, means any copy, including any colourable imitation, made, or imported in contravention of the provisions of this Act;

"Performance" means any acoustic representation of a work and any visual representation of any dramatic action in a work, including such a representation made by means of any mechanical instrument;

"Delivery," in relation to a lecture, includes delivery by means of any mechanical instrument;

"Plate" includes any stereotype or other plate, stone, block, mould, matrix, transfer, or negative used or intended to be used for printing or reproducing copies of any work, and any matrix or other appliance by which records, perforated rolls or other contrivances for the acoustic representation of the work are or are intended to be made;

"Lecture" includes address, speech, and sermon;

"Self-governing dominion" means the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, and Newfoundland.

(2) For the purposes of this Act (other than those relating to infringements of copyright), a work shall not be deemed to be published or performed in public, and a lecture shall not be deemed to be delivered in public, if published, performed in public, or delivered in public, without the consent or acquiescence of the author, his executors administrators or assigns.

(3) For the purposes of this Act, a work shall be deemed to be first published within the parts of His Majesty's dominions to which this Act extends, notwithstanding that it has been published simultaneously in some other place, unless the publication in such parts of His Majesty's dominions as aforesaid is colourable only and is not intended to satisfy the reasonable requirements of the public, and a work shall be deemed to be published simultaneously in two places if the time between the publication in one such place and the publication in the other place does not exceed fourteen days, or such longer period as may, for the time being, be fixed by Order in Council.

(4) Where, in the case of an unpublished work, the making of a work has extended over a considerable period, the conditions of this Act conferring copyright shall be deemed to have been complied with, if the author was, during any substantial part of that period, a British subject or a resident within the parts of His Majesty's dominions to which this Act extends.

(5) For the purposes of the provisions of this Act as to residence, an author of a work shall be deemed to be a resident in the parts of His Majesty's dominions to which this Act extends if he is domiciled within any such part.

Repeal

36. Subject to the provisions of this Act, the enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule:

Provided that this repeal shall not take effect in any part of His Majesty's dominions until this Act comes into operation in that part.

Short title and commencement

37.—(1) This Act may be cited as the Copyright Act, 1911.

(2) This Act shall come into operation—

(a) in the United Kingdom, on the first day of July nineteen hundred and twelve or such earlier date as may be fixed by Order in Council;

(b) in a self-governing dominion to which this Act extends, at such date as may be fixed by the Legislature of that dominion;

(d) in any other British possession to which this Act extends, on the proclamation thereof within the possession by the Governor.

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.

Both copyright and performing right. Copyright as defined by this Act.

Copyright, but not performing right.Copyright as defined by this Act, except the sole rightto perform the work or any substantial part thereof in public.

Performing right, but not copyright.The sole right to perform the work in public, but none of the other rights comprised in copyright as defined by this Act.

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.

SESSION AND CHAPTER. SHORT TITLE. EXTENT OF REPEAL.

8 Geo. 2. c. 13. The Engraving Copyright Act, 1734. The whole Act.

7 Geo. 3. c. 38. The Engraving Copyright Act, 1767. The whole Act.

15 Geo. 3. c. 53. The Copyright Act, 1775. The whole Act.

17 Geo. 3. c. 57. The Prints Copyright Act, 1777. The whole Act.

54 Geo. 3. c. 56. The Sculpture Copyright Act, 1814. The whole Act.

3 & 4 Will. 4. c. 15. The Dramatic Copyright Act, 1833. The whole Act.

5 & 6 Will. 4. c. 65. The Lectures Copyright Act, 1835. The whole Act.

6 & 7 Will. 4. c. 59. The Prints and Engravings Copyright (Ireland) Act, 1836. The whole Act.

6 & 7 Will. 4. c. 110. The Copyright Act, 1836. The whole Act.

5 & 6 Vict. c. 45. The Copyright Act, 1842. The whole Act.

7 & 8 Vict. c. 12. The International Copyright Act, 1844. The whole Act.

10 & 11 Vict. c. 95. The Colonial Copyright Act, 1847. The whole Act.

15 & 16 Vict. c. 12. The International Copyright Act, 1852. The whole Act.

25 & 26 Vict. c. 68. The Fine Arts Copyright Act, 1862. Sections one to six. In section eight the words "and pursuant to any Act for the protection of copyright engravings." Sections nine to twelve.

38 & 39 Vict. c. 12. The International Copyright Act, 1875. The whole Act.

39 & 40 Vict. c. 36. The Customs Consolidation Act, 1876. Section forty-two, from "Books wherein" to "such copyright will expire." Sections forty-four, forty-five and one hundred and fifty-two.

45 & 46 Vict. c. 40. The Copyright (Musical Compositions) Act, 1882. The whole Act.

49 & 50 Vict. c. 33. The International Copyright Act, 1886. The whole Act.

51 & 52 Vict. c. 17. The Copyright (Musical Compositions) Act, 1888. The whole Act.

52 & 53 Vict. c. 42. The Revenue Act, 1889. Section one, from "Books first published" to "as provided in that section."

6 Edw. 7. c. 36. The Musical Copyright Act, 1906. In section three the words "and which has been registered in accordance with the provisions of the Copyright Act, 1842, or of the International Copyright Act, 1844, which registration may be effected notwithstanding anything in the International Copyright Act, 1886."

6a. FINE ARTS COPYRIGHT ACT, 1862

[Unrepealed Sections]

(25 & 26 VICTORIA, CHAPTER 68)

Penalties on fraudulent Productions and Sales

VII. No Person shall do or cause to be done any or either of the following Acts; that is to say,

First, no Person shall fraudulently sign or otherwise affix, or fraudulently cause to be signed or otherwise affixed, to or upon any Painting, Drawing, or Photograph, or the Negative thereof, any Name, Initials, or Monogram:

Secondly, no Person shall fraudulently sell, publish, exhibit, or dispose of, or offer for Sale, Exhibition, or Distribution, any Painting, Drawing, or Photograph, or Negative of a Photograph, having thereon the Name, Initials, or Monogram of a Person who did not execute or make such Work:

Thirdly, no Person shall fraudulently utter, dispose of, or put off, or cause to be uttered or disposed of, any Copy or colourable Imitation of any Painting, Drawing, or Photograph, or Negative of a Photograph, whether there shall be subsisting Copyright therein or not, as having been made or executed by the Author or Maker of the original Work from which such Copy or Imitation shall have been taken:

Fourthly, where the Author or Maker of any Painting, Drawing, or Photograph, or Negative of a Photograph, made either before or after the passing of this Act, shall have sold or otherwise parted with the Possession of such Work, if any Alteration shall afterwards be made therein by any other Person, by Addition or otherwise, no Person shall be at liberty, during the Life of the Author or Maker of such Work, without his Consent, to make or knowingly to sell or publish, or offer for Sale, such Work or any Copies of such Work so altered as aforesaid, or of any Part thereof, as or for the unaltered Work of such Author or Maker:

Penalties

Every Offender under this Section shall, upon Conviction, forfeit to the Person aggrieved a Sum not exceeding Ten Pounds, or not exceeding double the full Price, if any, at which all such Copies, Engravings, Imitations, or altered Works shall have been sold or offered for Sale; and all such Copies, Engravings, Imitations, or altered Works shall be forfeited to the Person, or the Assigns or legal Representatives of the Person, whose Name, Initials, or Monogram shall be so fraudulently signed or affixed thereto, or to whom such spurious or altered Work shall be so fraudulently or falsely ascribed as aforesaid: Provided always, that the Penalties imposed by this Section shall not be incurred unless the Person whose Name, Initials, or Monogram shall be so fraudulently signed or affixed, or to whom such spurious or altered Work shall be so fraudulently or falsely ascribed as aforesaid, shall have been living at or within Twenty Years next before the Time when the Offence may have been committed.

Recovery of pecuniary Penalties

VIII. All pecuniary Penalties which shall be incurred, and all such unlawful Copies, Imitations, and all other Effects and Things as shall have been forfeited by Offenders, pursuant to this Act, may be recovered by the Person hereinbefore and in any such Acts as aforesaid empowered to recover the same respectively, and hereinafter called the Complainant or the Complainer, as follows:

In England and Ireland

In England and Ireland, either by Action against the Party offending, or by summary Proceeding before any Two Justices having Jurisdiction where the Party offending resides:

In Scotland

In Scotland by Action before the Court of Session in ordinary Form, or by summary Action before the Sheriff of the County where the Offence may be committed or the Offender resides, and any Judgment so to be pronounced by the Sheriff in such summary Application shall be final and conclusive, and not subject to Review by Suspension, Reduction, or otherwise.

6b. MUSICAL (SUMMARY PROCEEDINGS) COPYRIGHT ACT, 1902

[Unrepealed]

(2 EDWARD VII., CHAPTER 15)

An Act to amend the Law relating to Musical Copyright. [22d July, 1902.]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Seizure, etc.; of pirated copies

1. A court of summary jurisdiction, upon the application of the owner of the copyright in any musical work, may act as follows: If satisfied by evidence that there is reasonable ground for believing that pirated copies of such musical work are being hawked, carried about, sold, or offered for sale, may, by order, authorize a constable to seize such copies without warrant and to bring them before the court, and the court, on proof that the copies are pirated, may order them to be destroyed or to be delivered up to the owner of the copyright if he makes application for that delivery.

Power to seize copies on hawkers

2. If any person shall hawk, carry about, sell or offer for sale any pirated copy of any musical work, every such pirated copy may be seized by any constable without warrant, on the request in writing of the apparent owner of the copyright in such work, or of his agent thereto authorised in writing, and at the risk of such owner.

On seizure of any such copies, they shall be conveyed by such constable before a court of summary jurisdiction, and, on proof that they are infringements of copyright, shall be forfeited or destroyed, or otherwise dealt with as the court may think fit.

Definitions

3. "Musical copyright" means the exclusive right of the owner of such copyright under the Copyright Acts in force for the time being to do or to authorise another person to do all or any of the following things in respect of a musical work:

(1) To make copies by writing or otherwise of such musical work.

(2) To abridge such musical work.

(3) To make any new adaptation, arrangement, or setting of such musical work, or of the melody thereof, in any notation or system.

"Musical work" means any combination of melody and harmony, or either of them, printed, reduced to writing or otherwise graphically produced or reproduced.

"Pirated musical work" means any musical work written, printed, or otherwise reproduced, without the consent lawfully given by the owner of the copyright in such musical work.

Short title and commencement

4. This Act may be cited as The Musical (Summary Proceedings) Copyright Act, 1902, and shall come into operation on the first day of October one thousand nine hundred and two, and shall apply only to the United Kingdom.

6c. MUSICAL COPYRIGHT ACT, 1906

[Unrepealed]

(6 EDWARD VII., CHAPTER 36)

An Act to amend the Law relating to Musical Copyright. [4th August, 1906.]

A. D. 1906

Penalty for being in possession of pirated music

1.—(1) Every person who prints, reproduces, or sells, or exposes, offers, or has in his possession for sale, any pirated copies of any musical work, or has in his possession any plates for the purpose of printing or reproducing pirated copies of any musical work, shall (unless he proves that he acted innocently) be guilty of an offence punishable on summary conviction, and shall be liable to a fine not exceeding five pounds, and on a second or subsequent conviction to imprisonment with or without hard labour for a term not exceeding two months or to a fine not exceeding ten pounds: Provided that a person convicted of an offence under this Act who has not previously been convicted of such an offence, and who proves that the copies of the musical work in respect of which the offence was committed had printed on the title-page thereof a name and address purporting to be that of the printer or publisher, shall not be liable to any penalty under this Act unless it is proved that the copies were to his knowledge pirated copies.

Constable may take into custody without warrant

(2) Any constable may take into custody without warrant any person who in any street or public place sells or exposes, offers, or has in his possession for sale any pirated copies of any such musical work as may be specified in any general written authority addressed to the chief officer of police, and signed by the apparent owner of the copyright in such work or his agent thereto authorised in writing, requesting the arrest, at the risk of such owner, of all persons found committing offences under this section in respect to such work, or who offers for sale any pirated copies of any such specified musical work by personal canvass or by personally delivering advertisements or circulars.

(3) A copy of every written authority addressed to a chief officer of police under this section shall be open to inspection at all reasonable hours by any person without payment of any fee, and any person may take copies of or make extracts from any such authority.

(4) Any person aggrieved by a summary conviction under this section may in England or Ireland appeal to a court of quarter sessions, and in Scotland under and in terms of the Summary Prosecutions Appeals (Scotland) Act, 1875.

38 & 39 Vict. c. 62 Right of entry by police for execution of Act

2.—(1) If a court of summary jurisdiction is satisfied by information on oath that there is reasonable ground for suspecting that an offence against this Act is being committed on any premises, the court may grant a search warrant authorising the constable named therein to enter the premises between the hours of six of the clock in the morning and nine of the clock in the evening, and, if necessary, to use force for making such entry, whether by breaking open doors or otherwise, and to seize any copies of any musical work or any plates in respect of which he has reasonable ground for suspecting that an offence against this Act is being committed.

(2) All copies of any musical work and plates seized under this section shall be brought before a court of summary jurisdiction, and if proved to be pirated copies or plates intended to be used for the printing or reproduction of pirated copies shall be forfeited and destroyed or otherwise dealt with as the court think fit.

Definitions

3. In this Act—

"Pirated copies"

The expression "pirated copies" means any copies of any musical work written, printed, or otherwise reproduced without the consent lawfully given by the owner of the copyright in such musical work:

"Musical work"

The expression "musical work" means a musical work in which there is a subsisting copyright:

"Plates"

The expression "plates" includes any stereotype or other plates, stones, matrices, transfers, or negatives used or intended to be used for printing or reproducing copies of any musical work: Provided that the expressions "pirated copies" and "plates" shall not, for the purposes of this Act, be deemed to include perforated music rolls used for playing mechanical instruments, or records used for the reproduction of sound waves, or the matrices or other appliances by which such rolls or records respectively are made:

"Chief officer of police"

The expression "chief officer of police"—

(a) with respect to the City of London, means the Commissioner of City Police;

53 & 54 Vict. c. 45

(b) elsewhere in England has the same meaning as in the Police Act, 1890;

53 & 54 Vict. c. 67

(d) in the police district of Dublin metropolis means either of the Commissioners of Police for the said district;

(e) elsewhere in Ireland means the District Inspector of the Royal Irish Constabulary:

"Court of summary jurisdiction"

The expression "court of summary jurisdiction" in Scotland means the sheriff or any magistrate of any royal, parliamentary, or police burgh officiating under the provisions of any local or general police Act.

Short title

4. This Act may be cited as the Musical Copyright Act, 1906.

7. CANADIAN COPYRIGHT MEASURE, 1911

An Act Respecting Copyright

Short title

1. This Act may be cited as The Copyright Act, 1911.

INTERPRETATION

Definitions:

2. In this Act, unless the context otherwise requires,—

"Minister"

"Minister" means the Minister of Agriculture;

"Department"

"Department" means the Department of Agriculture;

"Legal representatives"

"legal representatives" includes heirs, executors, administrators and assigns, or other legal representatives;

"Literary" and other works

"literary work" includes maps, charts, plans, and tables;

"dramatic work" includes any piece for recitation, choregraphic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise, and any cinematograph production where the arrangement or acting form or the combination of incidents represented give the work an original character;

"literary work," "dramatic work" and "musical work" includes records, perforated rolls or other contrivances by means of which a work may be mechanically performed or delivered;

"artistic work" includes works of painting, drawing, sculpture and artistic craftsmanship, and architectural works of art, and engravings and photographs;

"work of sculpture" includes casts and models;

"architectural work of art" means any building or structure having an artistic character or design, in respect of such character or design, but not in respect of the processes or methods of its construction;

"Engravings"

"engravings" include etchings, lithographs, woodcuts, prints and other similar works, not being photographs;

"Photograph"

"photograph" includes photo-lithograph and any work produced by any process analogous to photography;

"Cinematograph"

"cinematograph" includes any work produced by any process analogous to cinematography;

"Pirated"

"pirated," when applied to a copy of a work in which copyright subsists, means any copy made without the consent or acquiescence of the owner of the copyright, or imported contrary to this Act;

"Publication"

"publication" means the issue of copies to the public and does not include the performance in public of a dramatic or musical work, the delivery in public of a lecture, the exhibition in public of an artistic work, or the construction of an architectural work of art;

"Performance"

"performance" means any acoustic representation of a work and any visual representation of any dramatic action in a work, including such a representation made by means of any mechanical instrument;

"Delivery"

"delivery," in relation to a lecture, includes delivery by means of any mechanical instrument;

"Plate"

"plate" includes any stereotype or other plate, stone, matrix, transfer, or negative used or intended to be used for printing or reproducing copies of any work, and any matrix or other appliance by which records, perforated rolls or other contrivance for the acoustic representation of the work are made or intended to be made;

"Lecture"

"lecture" includes address, speech and sermon;

"Copyright"

"copyright" means the sole right to produce or reproduce any original literary, dramatic, musical or artistic work or any substantial part thereof in any material form whatsoever and in any language; to perform, or in the case of a lecture to deliver, the work or any substantial part thereof in public; if the work is unpublished, to publish the work; and shall include the sole right,—

(a) in the case of a dramatic work, to convert it into a novel or other non-dramatic work;

(b) in the case of a novel or other non-dramatic work, to convert it into a dramatic work, either by way of multiplication of copies of by way of performance in public;

(c) in the case of a literary, dramatic or musical work, to make any record, perforated roll or other contrivance by means of which the work may be mechanically performed, and to authorize any such acts as aforesaid.

Publication, performance or delivery in public

(2.) For the purposes of this Act (other than those relating to infringements of copyright), a work shall not be deemed to be published or performed in public, and a lecture shall not be deemed to be delivered in public, if published, performed in public or delivered in public without the consent or acquiescence of the person entitled to authorize its publication, performance in public or delivery in public.

Simultaneous publication

(3.) For the purposes of this Act a work shall be deemed to be first published in Canada, notwithstanding that it has been published simultaneously in some other country, unless the publication in Canada is colourable only and is not intended to satisfy the reasonable requirements of the public, and a work shall be deemed to be published simultaneously in two countries if the time between the publication in one such country and the publication in the other country does not exceed fourteen days.

(4.) Where the making of a work has extended over a considerable period the conditions of this Act conferring copyright shall be deemed to have been complied with if the author was, during any substantial part of that period, a bona fide resident of Canada.

CONDITIONS OF COPYRIGHT

Conditions of copyright in Canada

3. Subject to the provisions of this Act, copyright shall subsist in Canada for the term hereinafter mentioned in every original literary, dramatic, musical and artistic work the author whereof was, at the date of the making of the work, a bona fide resident of Canada, but in no other works except so far as the protection conferred by this act is extended by order in council thereunder.

Notice of copyright—

(2.) Every copy of a work published in Canada shall be printed or made in Canada, and shall bear notice of copyright—

Of books, engravings, photographs, maps, etc.

(a) if the work is a book or other printed publication, on the title-page or on the page immediately following; or,

(b) if the work is a literary work (other than a book, or other printed publication), or a musical work, engraving, photograph or cinematograph, on the face thereof; or,

(c) if the work is a volume of maps, charts, plans, tables, music, engravings or photographs, on the title-page or first page thereof:

in the words "Copyright, Canada, 19__, by A. B."

Of paintings, sculpture, etc.

(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

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 constitute an infringement of copyright;—

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.

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.

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

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

License to republish or perform work in public granted by Minister upon petition

6. If, at any time after a work has been published or performed in public, a petition 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 petition, 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 petitioner 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.

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.

Ownership of copyright

OWNERSHIP AND ASSIGNMENT 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.

Assignment of copyright

(2.) The owner of the copyright in any work may assign 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 assignment or grant shall be valid unless it is in writing signed by the owner of the right in respect of which the assignment or grant is made, or by his duly authorized agent.

Registration of assignment or license

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

Duplicate copies

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

Application for registration

(5.) Application for registration of a grant of any interest in a copyright, either by way of assignment 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.

Assignee or licensee must comply with Act

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

CIVIL REMEDIES

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 entitled to all such remedies by way of injunction, damages, accounts and otherwise as are conferred by law.

Costs

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

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.

Remedies in the case of architecture

10. Where a building or other structure which infringes or which, if completed, would infringe the copyright in some other work has commenced to be constructed, the owner of the copyright shall not be entitled to obtain an injunction to restrain the construction of such building or structure or to order its demolition.

Limitation

(2.) Such of the other provisions of this Act as provide that a pirated copy shall be deemed the property of the owner of the copyright, or as impose summary penalties, shall not apply in any case to which this section applies.

OFFENCES AND PENALTIES

Penalty for false entries

11. Every person who wilfully makes or causes to be made any false entry in any of the registry books hereinbefore mentioned, or who wilfully produces, or causes to be tendered in evidence, any paper which falsely purports to be a copy of an entry in any of the said books, is guilty of an indictable offence.

Limitation of action

12. No action or prosecution for the recovery of any penalty under this Act shall be commenced more than three years after the cause of action arises.

SUMMARY REMEDIES

Penalties for dealing with pirated copies

13. If any person—

(a) makes for sale or hire any pirated copy of a work in which copyright subsists; or,

(b) sells or lets for hire, or exposes, offers, or has in his possession for sale or hire any pirated copy of any such work; or,

(d) imports for sale or hire into Canada any pirated copy of any such work:

he shall, unless he proves that he acted innocently, be guilty of an offence under this Act and be liable on summary conviction to a fine not exceeding twenty-five dollars for every copy dealt with in contravention of this section, but not exceeding two hundred dollars in respect of the same transaction; or in the case of a second or subsequent offence, either to such fine or to imprisonment with or without hard labour for a term not exceeding two months:

Proviso as to certain cases

Provided that a person convicted of an offence under paragraph (b) of this subsection, who has not been previously convicted of any such offence and who proves that the copies of the work in respect of which the offence was committed had printed or marked thereon in some conspicuous place a name and address purporting to be that of the printer or publisher, shall not be liable to any penalty under this section unless it is proved that the copies were to his knowledge pirated copies.

Penalty for making or possessing plate of pirated copies

(2.) If any person makes or has in his possession any plate for the purpose of making pirated copies of any work in which copyright subsists, or for private profit causes any such work to be performed in public without the consent of the owner of the copyright, he shall, unless he proves that he acted innocently, be guilty of an offence under this Act, and be liable on summary conviction to a fine not exceeding two hundred dollars, or, in the case of a second or subsequent offence, either to such fine or to imprisonment with or without hard labour for a term not exceeding two months.

Destruction of plate upon order of court

(3.) The court before which any such proceedings are taken may in addition order that all copies of the work or all plates in the possession of the offender, which appear to it to be pirated copies or plates for the purpose of making pirated copies, be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.

Seizure of pirated copies being hawked about or sold and arrest of offender

14. Where a court of summary jurisdiction is satisfied by information on oath that there is reasonable ground for believing that pirated copies of any work are being or about to be hawked or carried about, sold or offered for sale, it may issue an order authorising any constable or peace officer—

(a) to seize without further warrant any copies of the work which may be found being hawked or carried about, sold or offered for sale;

(b) to arrest without further warrant any person who in any street or public place sells or exposes or has in his possession for sale any pirated copies of the work, or who offers for sale any pirated copies of the work by personal canvass or by personally delivering advertisements or circulars.

Execution of order for seizure and arrest

(2.) Where such an order has been made the person on whose application it was made may send a copy thereof (certified to be a true copy by the clerk of the court which made the order) to the chief constable or deputy chief constable for any district within which the court has jurisdiction, and thereupon any constable or peace officer may seize any such copies and arrest any such person in accordance with the terms of the order.

Disposition of works seized

(3.) Where the constable or peace officer seizes any copies of a work in pursuance of such an order, he shall bring them before a court of summary jurisdiction, and that court, on proof that the copies are pirated, may order that they be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.

Orders open to inspection

(4.) All copies of orders sent to a chief constable or deputy chief constable under this section shall be open to inspection at all reasonable hours by any person without payment of any fee, and any person may take copies of or make extracts from any such order.

(5.) A single order under this section may be made extending to several works.

Scope of order

(6.) An order under this section shall not authorize—

(a) the arrest of any person selling or offering for sale; or,

(b) the seizure of copies of

Newspaper or periodical excepted

any newspaper or other periodical publication merely because it contains a pirated copy of a work, if such pirated copy is only an incidental feature and does not form a substantial part of the newspaper or periodical.

Search warrants

15. A court of summary jurisdiction may, if satisfied by information on oath that there is reasonable ground for believing that an offence punishable summarily under this Act is being committed on any premises, grant a search warrant authorising the constable or peace officer named therein to enter the premises between the hours of six of the clock in the morning and nine of the clock in the evening (and, if necessary, to use force in making such entry, whether by breaking open doors or otherwise) and to seize any copies of any work or any plates in respect of which he has reasonable ground for suspecting that an offence under this Act is being committed, and may, on proof that the copies or plates brought before the court in pursuance of the warrant are pirated copies or plates intended to be used for the purpose of making pirated copies, order that they be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.

IMPORTATION OF COPIES

Importation of copies of copyright works

16. Except as otherwise provided by this Act copies made out of Canada of any work in which copyright subsists shall not be imported into Canada and shall be deemed to be included in Schedule C to The Customs Tariff, and that Schedule shall apply accordingly.

If copyright owner licenses reproduction in Canada, the Minister may prohibit importation of books printed elsewhere Proviso

17. If a book in which there is subsisting copyright has been published in any part of His Majesty's dominions, other than Canada, and if it is proved to the satisfaction of the Minister that the owner of the copyright has granted a license to reproduce in Canada, from movable or other types, or from stereotype plates, or from electroplates, or from lithograph stones, or by any process for facsimile reproduction, an edition or editions of such book designed for sale only in Canada, the Minister may, notwithstanding anything in this Act, by order under his hand prohibit the importation into Canada, except with the written consent of the licensee, of any copies of such book printed elsewhere: Provided that two such copies may be specially imported for the bona fide use of any public free library or any university or college library, or for the library of any duly incorporated institution or society for the use of the members of such institution or society.

Suspension or revocation of prohibition

18. The Minister may at any time in like manner, by order under his hand, suspend or revoke such prohibition upon importation if it is proved to his satisfaction that—

(a) the license to reproduce in Canada has terminated or expired; or,

(b) the reasonable demand for the book in Canada is not sufficiently met without importation; or,

(d) any other state of things exists on account of which it is not in the public interest to further prohibit importation.

Licensee to furnish copy of any edition if required

19. At any time after the importation of a book has been so prohibited, any person resident or being in Canada may apply either directly or through a bookseller or other agent, to the person so licensed to reproduce such book, for a copy of any edition of such book then on sale and reasonably obtainable in the United Kingdom or any other part of His Majesty's dominions and it shall thereupon be the duty of the person so licensed, as soon as reasonably may be, to import and sell such copy to the person so applying therefor, at the ordinary selling price of such copy in the United Kingdom, or such other part of His Majesty's dominions, with the duty and reasonable forwarding charges added.

Otherwise prohibition may be revoked

(2.) The failure or neglect, without lawful excuse, of the person so licensed to supply such copy within a reasonable time shall be a reason for which the Minister may, if he sees fit, suspend or revoke the prohibition upon importation.

Customs notified of prohibition

20. The Minister shall forthwith inform the Department of Customs of any order made by him under this Act.

Unlawful importation of books Forfeiture Penalty

21. All books imported in contravention of any order, prohibiting such importation, made under the hand of the Minister, by the authority of this Act, may be seized by an officer of Customs, and shall be forfeited to the Crown and destroyed; and any person importing, or causing or permitting the importation of any book in contravention of an order of the Minister shall, for each offence, be liable, upon summary conviction, to a penalty not exceeding one hundred dollars.

REGISTRATION

Registers of copyrights

22. The Minister shall cause to be kept, at the Department, books to be called the Registers of Copyrights, in which shall be entered the names or titles of works and the names of authors, and such other particulars as may be prescribed.

Registration of particulars of work

(2.) The author or publisher of, or the owner of or other person interested in the copyright in, any work shall cause the particulars respecting the work to be entered in the register, before publication thereof or the performance or delivery thereof in public.

Registration of serial publications

(3.) In the case of an encyclopædia, newspaper, review, magazine or other periodical work, or work published in a series of books or parts, it shall not be necessary to make a separate entry for each number or part, but a single entry for the whole work shall suffice.

Indexes of registers

(4.) There shall also be kept at the Department such indexes of the registers established under this section as may be prescribed.

Registers and indexes in prescribed forms Certified copies of entries

(5.) The registers and indexes established under this section shall be in the prescribed form, and shall at all reasonable times be open to inspection, and any person shall be entitled to take copies of or make extracts from any such register, and the Minister shall, if so required, give a copy of an entry in any such register certified by him to be a true copy, and any such certificate shall be prima facie evidence of the matters thereby certified.

Fees

(6.) There shall be charged in respect of entries in registers the inspection of registers, taking copies of or making extracts from registers, and certificates under this section, the fees hereinafter prescribed.

Prior registrations

(7.) Any registration made under The Copyright Act shall have the same force and effect as if made under this Act.

Registration of temporary copyright in periodical works

23. Any literary work intended to be published in pamphlet or book form, but which is first published in separate articles in a newspaper or periodical in Canada, may be registered under this Act while it is so preliminarily published as a temporary copyright, if the title of the manuscript and a short analysis of the work are deposited at the Department with an application for registration in accordance with the prescribed form, and if every separate article so published is preceded by the words, "Registered in accordance with the Copyright Act, 1911:" Provided that the work, when published in book or pamphlet form, shall be subject, also, to the other requirements of this Act.

Anonymous publications

24. If a book is published anonymously, it shall be sufficient to enter it in the name of the first publisher thereof, either on behalf of the unnamed author or on behalf of such first publisher, as the case may be.

Application for registration

25. The application for the registration of a copyright or of a temporary copyright may be made in the name of the author or of his legal representatives, by any person purporting to be agent of such author or legal representatives.

Unauthorized assumption of agency

(2.) Any damage caused by a fraudulent or an erroneous assumption of such authority shall be recoverable in any court of competent jurisdiction.

Deposit of application and copies of work in Department

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.

Weekly list of registered works 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

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.

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.

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 encyclopædia, dictionary, year book, or similar work;

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

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.

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.

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.

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

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—

Rights of author 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—

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,

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:

Prior proceedings not affected

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

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;

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;

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.

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

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:

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

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:

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.

Extent of order

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

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

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.

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:—

Registration fees

Registering a copyright$1.00

Registering a temporary copyright0.50

Registering an assignment1.00

Certified copy of registration0.50

Registering any decision of a court of justice, for every folio of 100 words0.50

Fees for Office copies

Certified copies of documents:—

For first folio of one hundred words0.25

For every subsequent folio (fractions of or under one-half folio not being counted, and of one-half or more being counted)0.10

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.

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.

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

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

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.

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.

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.

Publication 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.

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.

Repeal

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

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.

Both copyright and performing right Copyright as defined by this Act.

Copyright, but not performing right. Copyright as defined by this Act, except the sole right to perform the work or any substantial part thereof in public.

Performing right, but not copyright. The sole right to perform the work in public, but none of the other rights comprised in copyright as defined by this Act.

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

SESSION AND CHAPTER SHORT TITLE EXTENT OF REPEAL

8 Geo. 2. c. 13. The Engraving Copyright Act, 1734. The whole Act.

7 Geo. 3. c. 38. The Engraving Copyright Act, 1767. The whole Act.

15 Geo. 3. c. 53. The Copyright Act, 1775. Sections two, four and five.

17 Geo. 3. c. 57. The Prints Copyright Act, 1777. The whole Act.

54 Geo. 3. c. 56. The Sculpture Copyright Act, 1814. The whole Act.

3 Geo. 4. c. 15. The Dramatic Copyright Act, 1833. The whole Act.

5 & 6 Will. 4. c. 65. The Lectures Copyright Act, 1835. The whole Act.

6 & 7 Will. 4. c. 59. The Prints and Engravings Copyright (Ireland) Act, 1836. The whole Act.

6 & 7 Will. 4. c. 110 The Copyright Act, 1836. The whole Act.

5 & 6 Vict. c. 45. The Copyright Act, 1842. The whole Act.

7 & 8 Vict. c. 12. The International Copyright Act, 1844. The whole Act.

10 & 11 Vict. c. 95. The Colonial Copyright, 1847. The whole Act.