Copyright Act: Existing Rights SCHEDULE I (Section 60)

(Section 60) Existing Rights

Column I Column II
Existing Right Substituted Right
Works other than Dramatic and Musical Works

Copyright

Copyright as defined by this ActFootnote for1.

Musical and Dramatic Works

Both copyright and performing right

Copyright as defined by this Act.

Copyright, but not performing right

Copyright as defined by this Act, except the sole right to perform the work or any substantial part thereof in public.

Performing right, but not copyright

The sole right to perform the work in public, but none of the other rights comprised in copyright as defined by this Act.

  • Return to footnote1 In the case of an essay, article or portion forming part of and first published in a review, magazine or other periodical or work of a like nature, the right shall be subject to any right of publishing the essay, article or portion in a separate form to which the author is entitled on January 1, 1924 or would if this Act had not been passed have become entitled under section 18 of An Act to amend the Law of Copyright, being chapter 45 of the Statutes of the United Kingdom, 1842.

For the purposes of this Schedule the following expressions, where used in column I thereof, have the following meanings:

Copyright in the case of a work that according to the law in force immediately before January 1, 1924 has not been published before that date and statutory copyright wherein depends on publication, includes the right at common law, if any, to restrain publication or other dealing with the work;

Performing right, in the case of a work that has not been performed in public before January 1, 1924, includes the right at common law, if any, to restrain the performance thereof in public.

  • R.S., c. C-30, Sch. I;
  • 1976-77, c. 28, s. 10.

This reproduction of the Copyright Act is a copy of an official work that is published by the Government of Canada in conjunction with the Ministry of Justice. The reproduction has not been produced in affiliation with, or with the endorsement of the Government of Canada.

Copyright Canada has exercise due diligence in ensuring the accuracy of the materials reproduced. All of the amendments as of April 21, 2017, are incorporated in the version of the Copyright Act posted above. Click to see the full text of latest version of the Copyright Act on the Justice Canada website.

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