Copyright: Its History and Its Law Part 63

"Department" means the Department of Agriculture;

{Sidenote: "Legal representatives"}

"legal representatives" includes heirs, executors, administrators and a.s.signs, or other legal representatives;

{Sidenote: "Literary" and other works}

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

"dramatic work" includes any piece for recitation, ch.o.r.egraphic 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 craftsmans.h.i.+p, 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;

{Sidenote: "Engravings"}

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

{Sidenote: "Photograph"}

"photograph" includes photo-lithograph and any work produced by any process a.n.a.logous to photography;

{Sidenote: "Cinematograph"}

"cinematograph" includes any work produced by any process a.n.a.logous to cinematography;

{Sidenote: "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;

{Sidenote: "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;

{Sidenote: "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;

{Sidenote: "Delivery"}

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

{Sidenote: "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;

{Sidenote: "Lecture"}

"lecture" includes address, speech and sermon;

{Sidenote: "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.

{Sidenote: 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 ent.i.tled to authorize its publication, performance in public or delivery in public.

{Sidenote: 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.

{Sidenote: Copyright to bona fide resident}

(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

{Sidenote: 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.

{Sidenote: 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--

{Sidenote: Of books, engravings, photographs, maps, etc.}

(_a_) if the work is a book or other printed publication, on the t.i.tle-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 t.i.tle-page or first page thereof:

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

{Sidenote: Of paintings, sculpture, etc.}