Copyright Regulations
(SOR /97-457)
(as amended up to June 2, 2007)
Registration 1997-10-01
Copyright Regulations
P.C. 1997-1422 1997-10-01
His Excellency the Governor General in Council, on the recommendation of the aMinister of Industry and the Treasury Board, pursuant to sections 59 and 62b of
the Copyright Act, hereby makes the annexed Copyright Regulations.
aS.C. 1993, c. 15, s. 8 bS.C. 1997, c. 24, s. 37(2)
Interpretation 1 The definitions in this section apply in these Regulations.
Act means the Copyright Act. (Loi)
Commissioner means the Commissioner of Patents. (commissaire)
Correspondence 2 (1) All correspondence intended for the Commissioner shall be addressed to
the Copyright Office.
(2) Correspondence addressed to the Copyright Office may be physically
delivered to the Office during ordinary business hours of the Office and shall be
considered to be received by the Office on the day of the delivery.
(3) For the purposes of subsection (2), where correspondence addressed to the
Copyright Office is physically delivered to the Office outside of its ordinary
business hours, it shall be considered to have been delivered to the Office during
ordinary business hours on the day when the Office is next open for business.
(4) Correspondence addressed to the Copyright Office may be physically
delivered to an establishment that is designated by the Commissioner in the
Canadian Patent Office Record as an establishment to which correspondence
addressed to the Office may be delivered, during ordinary business hours of that
establishment, and
(a) where the delivery is made to the establishment on a day that the Office is
open for business, the correspondence shall be considered to be received by
the Office on that day; and
(b) where the delivery is made to the establishment on a day that the Office is
closed for business, the correspondence shall be considered to be received
by the Office on the day when the Office is next open for business.
(5) For the purposes of subsection (4), where correspondence addressed to the
Copyright Office is physically delivered to an establishment outside of ordinary
business hours of the establishment, it shall be considered to have been
delivered to that establishment during ordinary business hours on the day when
the establishment is next open for business.
(6) Correspondence addressed to the Copyright Office may be sent at any time
by electronic or other means of transmission specified in the Canadian Patent
Office Record.
(7) For the purposes of subsection (6), where, according to the local time of the
place where the Copyright Office is located, the correspondence is delivered on a
day when the Office is open for business, it shall be considered to be received by
the Office on that day.
(8) For the purposes of subsection (6), where, according to the local time of the
place where the Copyright Office is located, the correspondence is delivered on a
day when the Office is closed for business, it shall be considered to be received
by the Office on the day when the Office is next open for business.
SOR/2003-211, s. 1.
3 (1) Except as otherwise provided by the Act or these Regulations,
communication in respect of a copyright shall be in writing, but the Commissioner
may also accept oral communications.
(2) The Commissioner may request that an oral communication be confirmed in
writing.
SOR/2003-211, s. 2.
4 (1) Any address required to be furnished pursuant to the Act or these
Regulations shall be a complete mailing address and shall include the street
name and number, where one exists, and the postal code.
(2) Where the Commissioner has not been notified of a change of address, the
Commissioner is not responsible for any correspondence not received by an
author, legal representative, any person purporting to be the agent of an author or
their legal representative, or by an assignor, assignee, licensor or licensee.
Application for Registration of Copyright 5 (1) An application for the registration of a copyright
(a) in a work, shall be made in accordance with section 55 of the Act, and deal
with the registration of only one work; or
(b) in a performer’s performance, sound recording or communication signal,
shall be made in accordance with section 56 of the Act, and deal with the
registration of only one performer’s performance, sound recording or
communication signal.
(2) An application for the registration of a copyright referred to in subsection (1)
shall be accompanied by the fee set out in column 2 of item 1 of the schedule.
Request for Registration of Assignment or Licence 6 (1) A request for the registration of an assignment of copyright, or a licence
granting an interest in a copyright, shall
(a) be in writing; and
(b) contain the following information:
(i) the names and addresses of the assignor and assignee or the licensor
and licensee,
(ii) a description of the interest being granted by assignment or licence,
and
(iii) the title of the work, performer’s performance, sound recording or
communication signal, and, if available, the registration number of that
work, performer’s performance, sound recording or communication signal.
(2) A request for registration referred to in subsection (1) shall be accompanied
by
(a) the evidence required by paragraph 57(1)(a) of the Act; and
(b) the fee set out in column 2 of item 2 of the schedule.
SOR/2003-211, s. 3.
General 7 Where the Commissioner determines that an application for registration of
copyright, or a request for registration of an assignment of copyright, or a licence
granting an interest in a copyright, is defective because it lacks any information or
other item, the Commissioner shall notify the person applying for or requesting
registration and that person shall have sixty days from the date of that notice to
cure the defect. If the defect is not cured within that sixty day period, the
Commissioner shall notify that person that the application or request has been
rejected, in which case no further action may be taken for registration unless a
fresh application or request is made and the applicable fee set out in the schedule
for that fresh application or request is paid.
8 All applications for registration of copyright, requests for registration of an
assignment of copyright or of a licence granting an interest in a copyright, and
any correspondence to the Commissioner shall be legible and clear and, if in
paper form, on white paper that measures at least 21 cm by 28 cm but not more
than 22 cm by 35 cm, on one side only, with left and upper margins of at least 2.5
cm.
SOR/2003-211, s. 4.
9 The fee to be paid by a user of a service of the Copyright Office set out in
column 1 of any of items 3 to 8 of the schedule is the fee set out in column 2 of
that item.
SOR/2003-211, s. 5.
Repeal 10 The Copyright Rules1 are repealed.
1C.R.C., c. 422
Coming into Force 11 These Regulations come into force on October 1, 1997.
SCHEDULE
(Subsection 5(2), paragraph 6(2)(b) and sections 7 and 9)
TARIFF OF FEES
Column 1 Column 2
Item
1
Service
Accepting an application for registration of a copyright
(a) pursuant to section 55 of the Act,
Fee ($)
(i) where the application and fee are submitted on-line to the Copyright
Office, via the Canadian Intellectual Property Office web site
50
(ii) in any other case 65
(b) pursuant to section 56 of the Act,
(i) where the application and fee are submitted on-line to the Copyright
Office, via the Canadian Intellectual Property Office web site
50
(ii) in any other case 65
2 Accepting for registration an assignment or licence of a copyright pursuant to
section 57 of the Act
65
3 Processing a request for accelerated action on an application for registration of a
copyright or for registration of an assignment, licence or other document
65
4 Correcting a clerical error not committed by the Copyright Office in any instrument of
record including, without further fee, issuing a corrected certificate of registration of
copyright, pursuant to section 61 of the Act, or processing a request to include in the
Register of Copyrights any other document affecting a copyright,
(a) where the request and fee are submitted on-line to the Copyright Office, via
the Canadian Intellectual Property Office web site
50
(b) in any other case 65
5 Providing a certified copy in paper form of a document, other than a certified copy
made under Rule 318 or 350 of the Federal Courts Rules,
(a) for each certification 35
Item
Column 1
Service
(b) plus, for each page
Column 2
Fee ($)
1
6 Providing a certified copy in electronic form of a document, other than a certified
copy made under Rule 318 or 350 of the Federal Courts Rules,
(a) for each certification 35
(b) plus, for each copyright to which the request relates 10
7 Providing a copy in paper form of a document, for each page,
(a) where the user of the service makes the copy using Copyright Office
equipment
0.50
(b) where the Copyright Office makes the copy 1
8 Providing a copy in electronic form of a document:
(a) for each request 10
(b) plus, if the copy is requested on a physical medium, for each physical
medium requested in addition to the first
(c) plus, for each copyright to which the request relates
SOR/2003-211, ss. 6, 7; SOR/2007-93, s. 1.
Date modified:
2019-07-26
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