Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2014-04-02 and last amended on 2012-11-07. Previous Versions

Marginal note:Limitation where author is first owner of copyright
  •  (1) Where the author of a work is the first owner of the copyright therein, no assignment of the copyright and no grant of any interest therein, made by him, otherwise than by will, after June 4, 1921, is operative to vest in the assignee or grantee any rights with respect to the copyright in the work beyond the expiration of twenty-five years from the death of the author, and the reversionary interest in the copyright expectant on the termination of that period shall, on the death of the author, notwithstanding any agreement to the contrary, devolve on his legal representatives as part of the estate of the author, and any agreement entered into by the author as to the disposition of such reversionary interest is void.

  • Marginal note:Restriction

    (2) Nothing in subsection (1) shall be construed as applying to the assignment of the copyright in a collective work or a licence to publish a work or part of a work as part of a collective work.

  • (3) [Repealed, 1997, c. 24, s. 11]

  • (4) [Repealed, R.S., 1985, c. 10 (4th Supp.), s. 3]

  • R.S., 1985, c. C-42, s. 14;
  • R.S., 1985, c. 10 (4th Supp.), s. 3;
  • 1997, c. 24, s. 11.

 [Repealed, 1997, c. 24, s. 12]

Moral Rights

Marginal note:Moral rights
  •  (1) The author of a work has, subject to section 28.2, the right to the integrity of the work and, in connection with an act mentioned in section 3, the right, where reasonable in the circumstances, to be associated with the work as its author by name or under a pseudonym and the right to remain anonymous.

  • Marginal note:No assignment of moral rights

    (2) Moral rights may not be assigned but may be waived in whole or in part.

  • Marginal note:No waiver by assignment

    (3) An assignment of copyright in a work does not by that act alone constitute a waiver of any moral rights.

  • Marginal note:Effect of waiver

    (4) Where a waiver of any moral right is made in favour of an owner or a licensee of copyright, it may be invoked by any person authorized by the owner or licensee to use the work, unless there is an indication to the contrary in the waiver.

  • R.S., 1985, c. 10 (4th Supp.), s. 4.
Marginal note:Term
  •  (1) Moral rights in respect of a work subsist for the same term as the copyright in the work.

  • Marginal note:Succession

    (2) The moral rights in respect of a work pass, on the death of its author, to

    • (a) the person to whom those rights are specifically bequeathed;

    • (b) where there is no specific bequest of those moral rights and the author dies testate in respect of the copyright in the work, the person to whom that copyright is bequeathed; or

    • (c) where there is no person described in paragraph (a) or (b), the person entitled to any other property in respect of which the author dies intestate.

  • Marginal note:Subsequent succession

    (3) Subsection (2) applies, with such modifications as the circumstances require, on the death of any person who holds moral rights.

  • R.S., 1985, c. 10 (4th Supp.), s. 4;
  • 1997, c. 24, s. 13.