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SHORT TITLE
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1. Short title
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INTERPRETATION
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2. Definitions
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2.1 Compilations
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2.11 Definition of “maker”
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2.2 Definition of “publication”
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2.3 Telecommunication
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2.4 Communication to the public by telecommunication
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2.5 What constitutes rental
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2.6 Exclusive distributor
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2.7 Exclusive licence
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PART I: COPYRIGHT AND MORAL RIGHTS IN WORKS
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Copyright
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3. Copyright in works
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4.
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Works in which Copyright may Subsist
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5. Conditions for subsistence of copyright
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Term of Copyright
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6. Term of copyright
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6.1 Anonymous and pseudonymous works
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6.2 Anonymous and pseudonymous works of joint authorship
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7. Term of copyright in posthumous works
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8.
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9. Cases of joint authorship
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10. Term of copyright in photographs
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11.
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11.1 Cinematographic works
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12. Where copyright belongs to Her Majesty
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Ownership of Copyright
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13. Ownership of copyright
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14. Limitation where author is first owner of copyright
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14.01
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Moral Rights
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14.1 Moral rights
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14.2 Term
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PART II: COPYRIGHT IN PERFORMER’S PERFORMANCES, SOUND RECORDINGS AND COMMUNICATION SIGNALS
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Performers’ Rights
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15. Copyright in performer’s performance
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16. Contractual arrangements
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17. Cinematographic works
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Rights of Sound Recording Makers
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18. Copyright in sound recordings
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Provisions Applicable to both Performers and Sound Recording Makers
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19. Right to remuneration
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20. Conditions
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Rights of Broadcasters
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21. Copyright in communication signals
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Reciprocity
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22. Reciprocity
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Term of Rights
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23. Term of rights
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Ownership of Copyright
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24. Ownership of copyright
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25. Assignment of rights
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Performers’ Rights — WTO Countries
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26. Performer’s performance in WTO country
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PART III: INFRINGEMENT OF COPYRIGHT AND MORAL RIGHTS AND EXCEPTIONS TO INFRINGEMENT
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Infringement of Copyright
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General
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27. Infringement generally
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Parallel Importation of Books
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27.1 Importation of books
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28.
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28.01
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28.02 and 28.03
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Moral Rights Infringement
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28.1 Infringement generally
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28.2 Nature of right of integrity
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Exceptions
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Fair Dealing
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29. Research or private study
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29.1 Criticism or review
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29.2 News reporting
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Acts Undertaken without Motive of Gain
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29.3 Motive of gain
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Educational Institutions
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29.4 Reproduction for instruction
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29.5 Performances
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29.6 News and commentary
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29.7 Reproduction of broadcast
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29.8 Unlawful reception
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29.9 Records and marking
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30. Literary collections
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Libraries, Archives and Museums
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30.1 Management and maintenance of collection
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30.2 Research or private study
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30.21 Copying works deposited in archive
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Machines Installed in Educational Institutions, Libraries, Archives and Museums
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30.3 No infringement by educational institution, etc.
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Libraries, Archives and Museums in Educational Institutions
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30.4 Application to libraries, etc. within educational institutions
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Library and Archives of Canada
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30.5 Permitted acts
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Computer Programs
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30.6 Permitted acts
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Incidental Inclusion
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30.7 Incidental use
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Ephemeral Recordings
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30.8 Ephemeral recordings
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30.9 Pre-recorded recordings
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Retransmission
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31. Interpretation
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Persons with Perceptual Disabilities
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32. Reproduction in alternate format
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Statutory Obligations
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32.1 No infringement
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Miscellaneous
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32.2 Permitted acts
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Interpretation
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32.3 No right to equitable remuneration
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Compensation for Acts Done Before Recognition of Copyright of Performers and Broadcasters
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32.4 Certain rights and interests protected
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32.5 Certain rights and interests protected
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Compensation for Acts Done Before Recognition of Copyright or Moral Rights
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33. Certain rights and interests protected
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PART IV: REMEDIES
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Civil Remedies
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34. Copyright
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34.1 Presumptions respecting copyright and ownership
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35. Liability for infringement
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36. Protection of separate rights
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37. Concurrent jurisdiction of Federal Court
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38. Recovery of possession of copies, plates
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38.1 Statutory damages
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38.2 Maximum amount that may be recovered
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39. Injunction only remedy when defendant not aware of copyright
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39.1 Wide injunction
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40. No injunction in case of a building
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41. Limitation period for civil remedies
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Criminal Remedies
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42. Offences and punishment
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43. Infringement in case of dramatic, operatic or musical work
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43.1
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Importation
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44. Importation of certain copyright works prohibited
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44.1 Definitions
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44.2 Importation of books
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44.3 Limitation
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44.4 Importation of other subject-matter
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45. Exceptions
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PART V: ADMINISTRATION
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Copyright Office
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46. Copyright Office
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47. Powers of Commissioner and Registrar
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48. Registrar
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49. Register of Copyrights, certificates and certified copies
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50. Other duties of Registrar
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51.
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52. Control of business and officials
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53. Register to be evidence
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Registration
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54. Register of Copyrights
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55. Copyright in works
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56. Copyright in subject-matter other than works
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56.1 Recovery of damages
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57. Registration of assignment or licence
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58. Execution of instruments
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Fees
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59. Fees regulations
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PART VI: MISCELLANEOUS PROVISIONS
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Substituted Right
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60. Subsistence of substituted right
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Clerical Errors
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61. Clerical errors do not invalidate
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Regulations
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62. Regulations
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Industrial Designs and Topographies
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63.
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64. Interpretation
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64.1 Non-infringement re useful article features
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64.2 Application of Act to topographies
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65.
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PART VII: COPYRIGHT BOARD AND COLLECTIVE ADMINISTRATION OF COPYRIGHT
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Copyright Board
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66. Establishment
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66.1 Duties of chairman
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66.2 Remuneration and expenses
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66.3 Conflict of interest prohibited
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66.4 Staff
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66.5 Concluding matters after membership expires
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66.51 Interim decisions
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66.52 Variation of decisions
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66.6 Regulations
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66.7 General powers, etc.
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66.71 Distribution, publication of notices
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66.8 Studies
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66.9 Report
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66.91 Regulations
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Collective Administration of Performing Rights and of Communication Rights
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67. Public access to repertoires
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67.1 Filing of proposed tariffs
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67.2 and 67.3
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68. Board to consider proposed tariffs and objections
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68.1 Special and transitional royalty rates
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68.2 Effect of fixing royalties
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Public Performances in Places Other Than Theatres
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69.
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70.
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Collective Administration in Relation to Rights under Sections 3, 15, 18 and 21
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Collective Societies
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70.1 Collective societies
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70.11 Public information
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70.12 Tariff or agreement
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Tariffs
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70.13 Filing of proposed tariffs
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70.14 Application of certain provisions
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70.15 Certification
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70.16 Distribution, publication of notices
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70.17 Prohibition of enforcement
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70.18 Continuation of rights
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70.19 Where agreement exists
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70.191 Agreement
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Fixing of Royalties in Individual Cases
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70.2 Application to fix amount of royalty, etc.
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70.3 Agreement
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70.4 Effect of Board decision
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Examination of Agreements
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70.5 Definition of “Commissioner”
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70.6 Examination and fixing of royalty
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70.61 to 70.8
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Royalties in Particular Cases
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71. Filing of proposed tariffs
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72. Publication of proposed tariffs
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73. Certification
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74. Special case
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75. Effect of fixing royalties
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76. Claims by non-members
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Owners Who Cannot be Located
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77. Circumstances in which licence may be issued by Board
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Compensation for Acts Done Before Recognition of Copyright or Moral Rights
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78. Board may determine compensation
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PART VIII: PRIVATE COPYING
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Interpretation
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79. Definitions
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Copying for Private Use
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80. Where no infringement of copyright
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Right of Remuneration
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81. Right of remuneration
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Levy on Blank Audio Recording Media
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82. Liability to pay levy
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83. Filing of proposed tariffs
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Distribution of Levies Paid
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84. Distribution by collecting body
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85. Reciprocity
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Exemption from Levy
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86. Where no levy payable
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Regulations
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87. Regulations
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Civil Remedies
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88. Right of recovery
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PART IX: GENERAL PROVISIONS
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89. No copyright, etc., except by statute
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90. Interpretation
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91. Adherence to Berne and Rome Conventions
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92. Review of Act
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SCHEDULE I: EXISTING RIGHTS
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SCHEDULE II
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SCHEDULE III
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