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Copyright Rules CRC, No amendments since 1994-01-26
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| C.R.C., c. 422 No amendments since 1994/01/26 |
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| COPYRIGHT ACT
Copyright Rules (C.R.C., c. 422)
RULES RESPECTING THE ADMINISTRATION OF THE COPYRIGHT ACT |
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| 1. These Rules may be cited as the Copyright Rules. |
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| “Act” means the Copyright Act; |
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| “Commissioner” means the Commissioner of Patents; |
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| “Office” means the Copyright Office. (Bureau) SOR/94-32, s. 1. |
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| PART I
COPYRIGHT ROYALTY SYSTEM (GENERAL) |
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| 4. Not less than one month before any copies of the work are delivered to a purchaser, |
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| (1) Unless otherwise agreed, royalties shall be paid by means of adhesive labels purchased from the owner of the copyright and affixed to the copies of the work. |
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| (2) After the person reproducing the work has given the prescribed notice of his intention to reproduce the work, the owner of the copyright shall, in writing, sent in registered mail, intimate to that person some reasonably convenient place within Canada from which adhesive labels can be obtained and on demand in writing and tender of the price the owner of the copyright shall supply from such place adhesive labels of the required denominations at a price equal to the amount of royalty represented thereby. |
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| (3) Except as provided in these Rules, no copy of the work shall be delivered to a purchaser until such label or labels denoting the amount of royalty have been affixed thereto. |
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| (4) Where royalties are payable by means of adhesive labels and at any time labels of the required denomination are not available for the reason that |
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| copies of the work may be delivered to purchasers without having labels affixed thereto; and the amount of royalties shall be a debt due from the person reproducing the work to the owner of the copyright, and the person reproducing the work shall keep an account of all such copies sold by him. |
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| (5) For the purposes of this section, “the date of the prescribed notice” means |
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| (6) Where royalties are payable by agreement in any other mode than by means of adhesive labels, the time and frequency of the payment shall be such as are specified in the agreement. |
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| (7) The adhesive label supplied pursuant to this section shall be an adhesive paper label that is square in shape, the design on the label shall be entirely enclosed within a circle and each side of the label shall be not greater than 3/4 inch in length; the label shall not bear the effigy of the Sovereign or any other person, nor any word, mark or design as to suggest that the label is issued by or under the authority of the Government of Canada or for the purpose of denoting any duty payable to Canada. |
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| PART II
COPYRIGHT ROYALTY SYSTEM (BOOKS) |
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| Notice of Application for Licence |
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| (2) For the purposes of this section, “communication of the notice” means, |
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| 10. A fee of $10 shall be paid by the applicant in respect of every application for a licence under section 6. |
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| When a Licence is Granted |
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| (1) When a licence is granted, the licensee shall remit to the Commissioner by certified cheque payable at par in Ottawa four days before any copy of the book printed under licence is distributed, the balance, if any, due on payment of royalties, accompanied by a statutory declaration of the number of copies printed. |
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| (2) When more than one edition is authorized by a licence, the licensee shall comply with the provisions of this section in respect of the issue of each edition succeeding the first. |
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| 13. Each copy of each edition shall be marked with the number of the edition and shall bear on the title page thereof the name and address of the printer of the book. |
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| PART III
COPYRIGHT ROYALTY SYSTEM (SERIALS) |
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| (1) The applicant for a licence shall, before making the application, send in duplicate to the copyright owner by registered mail a draft contract in the form annexed to Form 5 of the schedule. |
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| (2) If, within a reasonable time after the date when the contract would in the ordinary course of post have been delivered to the copyright owner, he fails to sign and to return the contract duly signed, he shall be deemed to have refused to sign it and the applicant may proceed to file his application. |
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| 19. A fee of $10 shall be paid by the applicant in respect of every application for a licence under section 14. |
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| PART IV
COPYRIGHT ROYALTY SYSTEM
(MECHANICAL INSTRUMENTS) |
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| (1) Where royalties are payable on contrivances that have been made before January 1, 1924, the notice required by section 19 of the Act shall contain the following particulars: |
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| (2) Where a person intends to make a contrivance, the notice required by paragraph 19(1)(b) of the Act shall contain the following particulars: |
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| 22. Not less than 10 days before any contrivances on which the work is reproduced are delivered to a purchaser, |
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| (1) Unless some special agreement is made, royalties shall be paid in the following manner: |
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| (2) Every person proposing to manufacture contrivances under the provisions of section 19 of the Act and this section shall file with the Commissioner a bond of a recognized guarantee company of Canada, approved by the Commissioner, in the penal sum of $5,000 payable to Her Majesty for the benefit of the owners of copyright, to secure the payment of all royalties. |
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| (3) For the purposes of this section “the date of the prescribed notice” means |
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| 24. The inquiries referred to in subsection 19(7) of the Act shall be directed to the owner of the copyright by name or, if his name is not known and cannot with reasonable diligence be ascertained, in general terms to “the owner of the copyright” of the work in respect of which the inquiries are made, and shall contain |
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| 25. The inquiries referred to in subsection 19(7) of the Act, |
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| 26. The prescribed time for reply to the inquiries referred to in subsection 19(7) of the Act shall be, |
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| 29. Anything done under these Rules may be done in writing, and it is not necessary for an applicant or the agent of an applicant to attend personally at the Office unless specially called for by the Commissioner or by these Rules. SOR/94-32, s. 2. |
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| 30. The Commissioner is not responsible for any allegations in, or the validity of, any document or instrument furnished to him. |
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| 31. Correspondence with the Commissioner shall be conducted only by an applicant or his agent. |
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| 32. All documents submitted in connection with an application for registration of a copyright or for a licence must be legibly and neatly written, printed or typewritten on paper that is eight inches wide and 13 inches long with a margin of one inch on the left-hand side. |
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| 33. An application for registration or for a licence shall be signed |
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| (1) All communications intended for the Office shall be addressed to the Commissioner. |
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| (2) Correspondence addressed to the Commissioner shall be considered to be received by the Office on the day that it is delivered to one of the following establishments, where the delivery is made during the ordinary business hours of that establishment: |
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| (1) All fees shall be payable to the Receiver General. |
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| (2) All cheques sent to the Commissioner must be certified. |
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| (3) Money sent by mail shall be under registered cover and is sent at the risk of the sender. |
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| 36. The Commissioner may acknowledge inquiries but is not required to furnish applicants or others with any information that would require a search of the public records of the Office, or with any advice on matters concerning the interpretation of the Act or these Rules or concerning any other question of law. |
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| The Commissioner of Patents, |
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| (1) I,....................of the ................................ of ........................ in the ............................... of .......... hereby apply for a licence to print and publish in Canada an edition of ............. copies of the book entitled “............” by........... of ............. and likewise to publish on the royalty terms herein specified during ........ years from the date of the licence such further editions as may be necessary to supply the demands of the Canadian market. |
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| (2) The said book has been published and Copyright is subsisting therein. |
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| (3) The name and address of the owner of the Copyright are as follows:........................................................... |
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| (4) The owner of the Copyright has failed and fails to print the said book or cause the same to be printed in Canada, and to supply by means of copies so printed, the reasonable demand of the Canadian market for such book. |
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| (5) The present retail selling price of the said book in Canada is $........ per copy. |
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| (6) The proposed retail selling price of the said book in Canada is $........... per copy. |
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| (7) I offer as royalty ............ per cent of such proposed retail selling price on the edition stated herein and a like royalty on any further copies printed under any licence which may be granted on this application. |
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| (8) I herewith forward the sum of ($....... being 10 per cent of the proposed retail selling price of one thousand copies of the said book), or ($100), (whichever sum is greater) and also the fee of $10, as provided by the Copyright Rules. |
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| Signed at .......................... this ..................... day of ...................., 19..... |
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| ........................................................ |
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| NOTICE TO COPYRIGHT OWNER |
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| Take notice that ............................................... of ...................... has made application under section 14 of the Copyright Act for a licence to print and publish in Canada an edition of ........................... copies of the book entitled “...........................” by ................................. of............ of the Copyright in which you are alleged to be the owner and such further editions as may be necessary to supply the reasonable demand of the Canadian market for such book for a period of................. years. The proposed retail selling price of the said book in Canada is $.......... per copy and the royalty offered ............... per cent of such proposed retail selling price. Unless within .......... weeks after the date of the communication of this notice you give an undertaking, in the terms of the prescribed security, to procure, within two months after the date of such communication, the printing in Canada of an edition of not less than 1,000 copies of the said book, I shall grant to the applicant a licence to print and publish such book upon such terms as may be determined by me, not inconsistent with the provisions of the said Act. If you wish to be heard upon the determination of the said terms, it will be necessary for you to apply personally or by your agent, duly authorized in writing, on the .................... day of ........................ next, at the Copyright Office, Ottawa. |
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| Dated the................ day of......................., 19..... |
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| ................................................................. |
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| To ............................................ |
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| the owner of the Copyright in the book entitled |
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| “................................” |
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| UNDERTAKING AND SECURITY UNDER SUBSECTION 14(5) OF
THE COPYRIGHT ACT |
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| Know All Men By These Presents that we, .......................
..................... of ........................., as principal,
and ................... of .....................................,
and ................... of ........................, as sureties, are held and firmly bound unto Her Majesty in the penal sum of $............ of lawful money of Canada, to be paid to Her Majesty, Her Heirs and Successors for which payment well and truly to be made we jointly and severally bind ourselves, our and each of our heirs, executors and administrators firmly by these presents. |
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| Sealed with our seals and dated this .................... day of............................., 19..... |
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| Whereas the above bounden ...................... is the owner of Copyright in the book entitled “.............................” and has failed to print the said book, or cause the same to be printed in Canada: |
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| Now the condition of this obligation is such that if the above bounden ............ his executors or administrators, shall and do within two months after the ............ day of .................. procure the printing in Canada of an edition of not less than 1,000 copies of the said book, then this obligation shall be void, but otherwise shall be and remain in full force and virtue.
Signed, sealed and delivered, |
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| ...................................................... |
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| DECLARATION OF JUSTIFICATION BY EACH SURETY |
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| ...................................... |
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| ..................................... |
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| ..................................... |
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| ...................................... |
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| one of the sureties in the annexed |
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| bond named, do solemnly declare that: |
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| 1. I am seized and possessed to my own use of real estate in the Province of ............................ in Canada of the actual value of $............, over and above all charges upon and incumbrances affecting the same. |
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| 2. My post office address is as follows: ....................... and, I make this solemn declaration, etc., etc. |
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| Declared before me at the ........................... |
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| of ................... the........................day |
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| of ........................................., 19..... |
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| LICENCE UNDER SECTION 14 OF THE COPYRIGHT ACT |
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| The Commissioner of Patents, under the authority of the Copyright Act and the Copyright Rules, hereby grants to ............ of the ........ of the sole right to print and publish in Canada an edition of ......... copies of the book entitled “.......................” by ............ of ............. in which Copyright subsists, and the owner of such Copyright is ................ of .................... |
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| The retail selling price of the said book under this licence is $............ per copy. |
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| The licensee shall pay a royalty on the retail selling price of every copy of such book printed under this licence at the rate of ................... per cent. |
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| Dated the ......... day of ..........................., 19..... |
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| ................................................................ |
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| I, ......................... of ................... the licensee above mentioned, hereby accept this licence and undertake to fulfil, in connection therewith, all the terms prescribed by the Copyright Act and Rules and Forms enacted thereunder. |
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| Dated the ............ day of ......................., 19..... |
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| ......................................................... |
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| APPLICATION FOR LICENCE UNDER SECTION 15 OF THE COPYRIGHT ACT |
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| The Commissioner of Patents, |
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| (1) I, ................ of the ................................. of ................... in the .......................... being the publisher of the periodical entitled “...........................” published at the said .................. of ...................... hereby apply for a licence to publish once in serial form, in such periodical, the book entitled “...................................” by....................... of .................................. the publication of which was lawfully begun as a serial in the ......................... of .......................... in the ................... of ............... |
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| (2) Copyright is subsisting in the said book in Canada, and .................... of ..................... is the owner of such Copyright. |
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| (3) The said ................ has refused to grant a licence to me to publish such book in serial form in Canada. |
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| (4) On the ......... day of ............ I sent by registered mail to the said owner of the Copyright at his said address, a contract in duplicate, a copy of which is hereto annexed marked “A”. |
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| Signed at ........................ this .......................... day of ........................, 19..... |
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| ............................................................. |
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| DRAFT CONTRACT ANNEXED TO FORM 5 |
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| This indenture made in duplicate the ..................... day of ..................... between ................................. of ............................................ of the first part and ................ of ..................... of the second part: |
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| Whereas the party of the first part is the owner of the right to publish in serial form in Canada the book entitled “.............. ...............” by .............................................. of...............................................................; |
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| And whereas the party of the second part is the publisher of a periodical published in Canada, and has requested the party of the first part to grant to him the party of the second part a licence to publish the said book in serial form: |
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| Now this indenture witnesseth that in consideration of the sum of ........... dollars of lawful money of Canada now paid by the party of the second part to the party of the first part (the receipt whereof is hereby acknowledged), the party of the first part doth hereby grant to the party of the second part the right and licence to publish the said book in serial form in Canada. |
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| In witness whereof the parties hereto have hereunto set their hands and seals.
Signed, sealed and delivered, |
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| ................................................. |
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| NOTICE OF APPLICATION FOR LICENCE UNDER SECTION 15 OF THE COPYRIGHT ACT |
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| Take notice that .............. of ............................ the publisher of the periodical entitled “.....................” has made application under section 15 of the Copyright Act for a licence to print and publish once in serial form in the said periodical the book entitled “.....................” upon the terms prescribed by the Copyright Rules. If you wish to be heard in support of any contentions or representations you may deem it in your interest to make before the said terms are settled, it will be necessary for you to appear either personally or through your agent, duly authorized in writing, before me at the Copyright Office, on the ..................... day of ................ next. |
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| Dated the ................ day of ...................., 19..... |
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| ........................................................ |
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| To ................................ of .......................
owner of the Copyright in the book entitled “................................”. |
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| LICENCE UNDER SECTION 15 OF THE COPYRIGHT ACT |
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| The Commissioner of Patents, under the authority of the Copyright Act and the Copyright Rules, hereby grants to ............... of the ................ of ................ a licence to publish once in serial form in the periodical entitled “........................” which is published in the said ............... of ............. , the book entitled “................” the said ................... having paid the prescribed royalty and fee. |
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| ........................................................................ |
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| NOTICE OF ADDRESS FOR PAYMENT OF ROYALTIES UNDER
SECTION 19 OF THE COPYRIGHT ACT |
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| include royalties due in respect of contrivances sold by you during the preceding three months. I have to inform you that payment of royalties prescribed by section 19 of the Copyright Act in respect of (name of work) of which I am the owner of the copyright may be made to me at the following address ................ and I agree to accept payment of such royalties quarterly on the last days of January, April, July, and October, each payment to |
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| Dated the................ day of....................., 19...... |
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| Signature ...................................................... |
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| To ............................... of ........................... |
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| APPLICATION FOR REGISTRATION OF COPYRIGHT IN A PUBLISHED WORK |
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| I, ....................................... |
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| of the ...................................... |
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| of ....................................... |
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| (province, state, country) |
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| |
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| the owner of the Copyright in the original (here insert: literary, dramatic, musical or artistic as the case may be) work entitled “.............................................” |
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| by..................................... |
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| of ........................................... |
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| (author’s name and address) |
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| and that the said work was first published by the issue of copies thereof to the public on the .......... day of ..........., |
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| ........................................ |
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| of ..................................... |
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| (province, state, country) |
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| and I hereby request you to register the Copyright of the said work in my name in accordance with the provisions of the |
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| I forward herewith the fee of $2 for the registration of the said Copyright and the further fee of $1 for a |
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| Dated at ............................... the ............... day certificate of such registration. |
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| of ............................, 19...... |
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| ......................................................... |
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| The Commissioner of Patents, |
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| APPLICATION FOR REGISTRATION OF COPYRIGHT IN AN
UNPUBLISHED WORK |
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| I, ......................................... |
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| of the ...................................... |
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| .............................................. |
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| (province, state, country) |
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| |
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| the owner of the Copyright in the original (here insert: literary, dramatic, musical or artistic, as the case may be) work entitled “.............................................” |
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| by ........................................ |
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| of ......................................... |
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| (author’s name and address) |
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| and that the said work has not been published, and I hereby request you to register the Copyright of the said work in my |
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| name, in accordance with the provisions of the Copyright Act. |
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| I forward herewith the fee of $2 for the registration of the said Copyright, and the further fee of $1 for a certificate of such registration. |
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| Dated at ................................ the.............. day of .........................., 19..... |
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| ..................................................... |
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| The Commissioner of Patents, |
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