cate shall be retained at the Copyright Office and the other shall be returned to the person depositing it, with a certificate of registration. (2.) Any grant of an interest in a copyright, either by assignment or licence, shall be adjudged void against any subsequent assignee or licensee for valuable consideration without actual notice, unless such assignment or licence is registered in the manner directed by this Act before the registering of the instrument under which a subsequent assignee or licensee claims, and no grantee shall maintain any action under this Act, unless his and each such prior grant has been registered. Fees. 40.-(1.) The following fees shall be paid to the Minister in advance before an application for any of the following purposes is received, that is to say: (2.) The said fees shall be in full of all services by the Minister or any person employed by him. (3.) All fees received under this Act shall be paid over to the Minister of Finance, and shall form part of the Consolidated Revenue Fund of Canada. (4.) No person shall be exempt from the payment of any fee or charge payable in respect of any services performed under this Act for such person. (5.) Such further or other fees as may be necessary for the purposes of this Act may be established and imposed by Order in Council. 41.-(1.) Where any person is immediately before the commencement of this Act entitled to any such right in any work as is specified in the first column of the First Schedule to this Act, or to any interest in such a right, he shall, as from that date, be entitled to the substituted right set forth in the second column of that Schedule, or to the same interest in such a substituted right, and to no other right or interest, and such substituted right shall subsist for the term for which it would have subsisted if this Act had been in force at the date when the work was made, and the work had been one entitled to copyright thereunder: Provided that (a.) If the author of any work in which any such right as is specified in the first column of the First Schedule to this Act subsists at the commencement of this Act has, before that date, assigned the right or granted any interest therein for the whole term of the right, then at the date when, but for the passing of this Act, the right would have expired, the substituted right conferred by this section shall, in the absence of express agreement, pass to the author of the work, and any interest therein created before the commencement of this Act and then subsisting shall determine; but the person who imn:ediately before the date at which the right would so have expired was the owner of the right or interest shall be entitled at his option either (i.) On giving such notice as hereinafter mentioned, to an assignment of the right or the grant of a similar interest therein for the remainder of the term of the right for such consideration as, failing agreement, may be determined by arbitration; or (ii.) Without any such assignment or grant, to continue to reproduce or perform the work in like manner as theretofore subject to the payment, if demanded by the author within three years after the date at which the right would have sc expired, of such royalties to the author as, failing agreement, may be determined by arbitration, or, where the work is incorporated in a collective work and the owner of the right or interest is the proprietor of that collective work, without any such payment. The notice above referred to must be given not more than one year nor less than six months before the date at which the right would have so expired, and must be sent by registered post to the author, or, if he cannot with reasonable diligence be found, advertised in the Canada Gazette." (b.) Where any person has, before the commencement of this Act, taken any action whereby he has incurred any expenditure or liability in connection with the reproduction or performance of any work in a manner which at the time was lawful, or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, but for the passing of this Act, have been lawful, nothing in this section shall diminish or prejudice any rights or interests arising from or in connection with such action which are subsisting and valuable at the said date, unless the person who by virtue of this section becomes entitled to restrain such reproduction or performance agrees to pay such compensation as, failing agreement, may be determined by arbitration. (2.) For the purposes of this section, the expression "author" includes the legal representatives of a deceased author. (3.) Subject to the provisions of Sub-Sections (6) and (7) of Section 18 of this Act, copyright shall not subsist in any work made before the commencement of this Act, otherwise than under, and in accordance with, the provisions of this section. Clerical Errors not to Invalidate. 42. Clerical errors which occur in the framing or copying of an instrument drawn by any officer or employee in or of the Department shall not be construed as invalidating such instrument, but when discovered they may be corrected under the authority of the Minister. Rules and Regulations. 43. The Governor in Council may make such Rules and Regulations and prescribe such forms as appear to him necessary and expedient for the purposes of this Act. 44. No person shall be entitled to copyright or any similar right in any literary, dramatic, musical or artistic work otherwise than under and in accordance with the provisions of this Act, or of any other statutory enactment for the time being in force, but nothing in this section shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence. 45.-(1.) The Governor in Council may make Orders for altering, revoking, or varying any Order in Council made under this Act, but any Order made under this section shall not affect prejudicially any rights or interests acquired or accrued at the date when the Order comes into operation, and shall provide for the protection of such rights and interests. (2.) Every Order in Council made under this Act shall be published in the "Canada Gazette," and shall be laid before Parliament as soon as may be after it is made, and shall have effect as if enacted in this Act. 46. (1.) This Act shall not apply to designs capable of being registered under "The Trade-Mark and Design Act," except designs which, though capable of being so registered, are not used or intended to be used as models or patterns to be multiplied by any industrial process. (2.) General Rules under Section 39 of "The Trade-Mark and Design Act" may be made for determining the conditions under which a design shall be deemed to be used for such purposes as aforesaid. Repeal. 47. All the enactments relating to copyright passed by the Parliament of the United Kingdom are, so far as they are operative in Canada, hereby repealed: provided that this repeal shall not prejudicially affect any legal rights existing at the time of the repeal. 48. The Copyright Act, Chapter 70 of the Revised Statutes of Canada, 1906,* and Chapter 17 of the Statutes of 1908, are hereby repealed. Convention of Berne. 49. The Governor in Council may take such action as may be necessary to secure the adherence of Canada to the revised Convention of Berne, signed the 13th day of November, 1908, and the Additional Protocol thereto signed at Berne the 20th day of March, 1914, set out in the Second Schedule to this Act. Commencement. 50. This Act shall come into force on a day to be fixed by Proclamation of the Governor in Council. FIRST SCHEDULE. (See Section 41.) Existing Rights. Existing Right. Substituted Right. (a.) In the case of Works other than Dramatic and Musical Works. Copyright ...Copyright as defined by this Act.§ (b.) In the case of 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 * Vol. CI, page 751. Date fixed, January 1, 1924. work in public, but none of the other rights comprised in copyright as defined by this Act. + Voi. CI, page 763. § 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 at the commencement of this Act or would, if this Act had not been passed, have become entitled under Section 18 of "The Copyright Act, 1842." For the purposes of this Schedule the following expressions, where used in the first column thereof, have the following meanings : Copyright," in the case of a work which according to the law in force immediately before the commencement of this Act 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 which has not been performed in public before the commencement of this Act, includes the right at common law (if any) to restrain the performance thereof in public. SECOND SCHEDULE. Revised Berne Convention. [See Vol. CII, page 619, and Vol. CVII, page 353.] ACT of the Government of Canada to amend the Chinese Immigration Act. [11 & 12 Geo. V, c. 21.] [Assented to June 4. 1921.1 His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1.-(1.) Paragraph (c) of Sub-Section (1) of Section 7 of the Chinese Immigration Act,* Revised Statutes of Canada, 1906, Chapter 95, as enacted by Chapter 14 of the Statutes of 1908, and as amended by Chapter 7 of the Statutes of 1917, is amended by striking out the following words at the end of the said sub-section : or who are bearers of certificates of identity, or other similar documents issued by the Government or by a recognised official or representative of the Government whose subjects they are, specifying their occupation and their object in coming into Canada," and by substituting in lieu thereof the following words: "whose decision shall be final and conclusive." (2.) Sub-Section (2) of Section 7 of the said Chapter 95 is repealed. 2. Section 7B of the said Chapter 95, as enacted by Chapter 7 of the Statutes of 1917, is amended by inserting after the word "magistrate" in the eighth line the words or a Board of Inquiry appointed under the authority of Section 13 of the Immigration Act, § Chapter 27 of the Statutes of 1910," and by inserting in each case after the word "magistrate in the tenth and twelfth lines thereof the words or a Board of Inquiry." * Vol. CI, page 140. + Vol. CI, page 147. |