- (2) Section 30 of the Act, as enacted by subsection (1) of this section, does not apply in respect of collections referred to in section 30 that are published before the coming into force of section 30. Such collections continue to be governed by paragraph 27(2)(d) of the Act as it read before the coming into force of section 15 of this Act.
- (4) Section 39.1 of the Copyright Act , as enacted by subsection (1) of this section, applies in respect of
- (a) proceedings commenced but not concluded before the coming into force of subsection (1) of this section; and
- (b) proceedings commenced after the coming into force of subsection (1) of this section.
- 54 For greater certainty, all notices published under subsection 5(2) of the Copyright Act before the coming into force of this section are deemed to have been validly made and to have had force and effect in accordance with their terms.
- 54.1 Section 6 of the Copyright Act applies to a photograph in which copyright subsists on the date of the coming into force of this section, if the author is
- (a) a natural person who is the author of the photograph referred to in subsection 10(2) of the Copyright Act , as enacted by section 7 of this Act; or
- (b) the natural person referred to in subsection 10(1.1) of the Copyright Act , as enacted by section 7 of this Act.
- 55 (1) Part II of the Copyright Act , as enacted by section 14 of this Act, shall be construed as a replacement for subsections 5(3) to (6) and section 11 of the Copyright Act as those provisions read immediately before the coming into force of subsection 5(3) and section 8, respectively, of this Act.
- (2) The rights conferred by Part II of the Copyright Act , as enacted by section 14 of this Act, shall not be construed as diminishing the rights conferred by subsections 5(3) to (6) and section 11 of the Copyright Act as those provisions read immediately before the coming into force of subsection 5(3) and section 8, respectively, of this Act, in relation to records, perforated rolls and other contrivances by means of which sounds may be mechanically reproduced that were made before the coming into force of subsection 5(3) and section 8, respectively, of this Act.
- (3) Where an assignment of copyright or a grant of any interest therein
- (a) was made before the coming into force of Part II of the Copyright Act , as enacted by section 14 of this Act, and
- (b) was made by the maker of a sound recording who was a natural person,
subsections 14(1) and (2) of the Copyright Act continue to apply in respect of that assignment or grant, with such modifications as the circumstances require, as if the sound recording was the work referred to in those subsections and the maker of the sound recording was its author.
- 56 Nothing in this Act shall be construed as diminishing the right conferred by section 14.01 of the Copyright Act as that section read immediately before the coming into force of section 12 of this Act.
- 57 For greater certainty, the amendments to the Copyright Act that eliminate references to “British subject” and “Her Majesty’s Realms and Territories” do not affect any copyright or moral rights that subsisted in Canada immediately before the coming into force of those amendments.
- 58 Nothing in this Act shall be construed as reviving a copyright that expired before the coming into force of this section.
- 58.1 No agreement concluded before April 25, 1996 that assigns a right or grants an interest by licence in a right that would be a copyright or a right to remuneration under this Act shall be construed as assigning or granting any rights conferred for the first time by this Act, unless the agreement specifically provides for the assignment or grant.
Coming into force
- 62 (1) The following provisions come into force or are deemed to have come into force on June 30, 1996:
- (a) the definitions , and in section 2 of the Copyright Act , as enacted by subsection 1(5) of this Act;
- (b) section 2.6 of the Copyright Act , as enacted by section 2 of this Act;
- (c) section 27.1 of the Copyright Act , as enacted by section 15 of this Act; and
- (d) section 45 of the Copyright Act , as enacted by section 28 of this Act.
- (a) the only distributor of the book in Canada or any part of Canada, or
- (b) the only distributor of the book in Canada or any part of Canada in respect of a particular sector of the market. ( distributeur exclusif )
- (e) to import copies, made with the consent of the owner of the copyright in the country where they were made, of any used books.
- 63 (1) No exclusive distributor, within the meaning assigned to that expression by subsection 62(2) of this Act, copyright owner or exclusive licensee is entitled to a remedy referred to in the Copyright Act in relation to an infringement referred to in subsection 27.1(1) or (2) of that Act, as enacted by section 15 of this Act, during the period beginning on June 30, 1996 and ending on the day on which this Act is assented to, unless
- (a) before the infringement occurred, notice in writing has been given to the person referred to in subsection 27.1(1) or (2) of that Act, as enacted by section 15 of this Act, as the case may be, that
- (i) there is an exclusive distributor of the book in Canada, and
- (ii) section 27.1 of that Act came into force or was deemed to have come into force on June 30, 1996; and
Application
- 21 (4) Subsection (1) applies in respect of unpublished works deposited in an archive on or before September 1, 1999 or at any time after that date.
No revival of copyright in photograph
-
59 (1) The repeal of section 10 of the Copyright Act by section 6 does not have the effect of reviving copyright in any photograph in which, on the coming into force of that section 6, copyright had expired.
Cases where corporations were deemed to be authors
Cases where individuals were deemed to be authors
Engraving, photograph or portrait
No revival of copyright
Limitation or prescription period
-
62 (1) Subsection 43.1(1) of the Copyright Act , as enacted by section 49, applies only to proceedings with respect to an act or omission that occurred after the coming into force of that section.
Former limitation or prescription period continued
No revival of copyright
Paragraphs 66.501(a) and (b)
Subsections 68.1(2) and 83(4)
Subsection 67.1(4)
- (a) an infringement referred to in that subsection that occurred before that day; and
- (b) the recovery of royalties to be paid under section 19 of that Act in relation to an act that occurred before that day.
- (a) before the infringement occurred, notice in writing has been given to the person referred to in subsection 27.1(1) or (2) of that Act, as enacted by section 15 of this Act, as the case may be, that
- 63 (1) No exclusive distributor, within the meaning assigned to that expression by subsection 62(2) of this Act, copyright owner or exclusive licensee is entitled to a remedy referred to in the Copyright Act in relation to an infringement referred to in subsection 27.1(1) or (2) of that Act, as enacted by section 15 of this Act, during the period beginning on June 30, 1996 and ending on the day on which this Act is assented to, unless
- (4) Section 39.1 of the Copyright Act , as enacted by subsection (1) of this section, applies in respect of