U.S. Copyright Code | U.S. Patent Code | U.S. Trademark Code | U.S. Armed Forces CodeThese verses contain
The copyright code
Of Canada written
Down as an ode
If you think you'll learn
Any useful advice
From reading these verses,
You ought to think twice
As some of you know
I've done this before
For the U. S. of A.If you're keeping score
So what is the difference
Between these two codes?
You might think not much
But actually, loads
Canada's Board
Posts every rule
In the "Canada Gazette"
Which I think is cool
That way you know when
A law has been altered,
A process about which
The U.S. has faltered
Infringement in Canada
Depends on the context
Whether for profit
And what was the pretext
And whether made only
For personal use,
Which leads to less legal
And criminal abuse
It also writes here
In language courageous
That judges can improvise
When fines are outrageous
"Fair Dealing" in Canada's
A bit more constrained
Than U. S. "Fair Use"
As will be explained
In ranking the two
As to which I like more
I think that Canadian
Code gets top score
1This section reports,
As a matter of fact,
That you can call this
"The Copyright Act"
2It starts with a glossary
Of some terms within
Sensibly put where
Discussion begins
2.1A work compilation
Of two or more kinds
Is considered the type
Most prominently defined
2.11This little section
Clarifies the word
"Maker" in all of
The places it's heard
2.2"Publication"'s printing
Or copying, not display
Or performance, which doesn't
Mean so doing's ok
Also note: works
Performed unauthorized,
Aren't "performed"
As far as the law applies
2.3An author who reads from
A book on the radio
Isn't "performing"
Or letting others do so
2.4Even more specs about
What means "perform"
And whether you're liable
For providing platform
2.5"Renting" out media
Is only when gain
Of doing so outweighs
All of the pain
2.6"Exclusive distributor"
Isn't defined
Possible definitions
Are still kept in mind
2.7If you've got exclusive
License, then smirk -
Even the creator
Can't use his own work
Part I3Here it's decided
What copying means:
Producing or copying
By any machine,
Publishing, converting
From audio to text,
Or text into audio,
As well as what's next:
Deriving from one thing
And making another,
Filming, broadcasting,
Exhibiting (other
Than maps, or for selling),
Renting out audio,
Copying software,
Except when designed so
5Gloriously obscure
Paragraphs detail
When copyright will
Succeed or will fail
Citizens or companies
Joined by the Berne
Convention, gain all
Protection they've earned
Or, failing that,
If published in quantity
So as, for the public,
Their interest to satisfy
Or whenever a relevant
Minister notes
In the "Canada Gazette"
(And please heed the quotes)
That a certain country
Respects Canada's
Copyrights, then Big C
Will do as those guys does
6Copyright lasts
Until you have died,
And then fifty years
After that, beside
6.1For unknown authors
It's still fifty years,
Thought why even one is
Something quite queer
6.2For multiple authors,
It works as expected -
All of their rights
Aren't neglected
7Something about
Works that were published
I think that this section
Could be better Englished
9This just repeats
What verse 6.2 wrote
Also, section 8 was
Repealed, do take note
10This section covers
Companies and pics
In terms of how shareholders
Enter the mix
11.1Apparently, some kinds
Of movies are not so
Dramatic, and this verse
Takes pains to say so
12Government works, or
Works by the "Crown",
Are also protected
Which might make you frown
13Unless paid for work
In dollars or yen,
The copyright owner's
The one with the pen
14Sec six said fifty years,
This sec says half,
I'm now so confused that
I just have to laugh
14.1Regardless of who owns
A work's copyright,
The author retains
A few moral rights
Including integrity
And work attribution
To protect the author's
Name and reputation
Though no one can license
Moral rights to art
They still can be waived
In whole or in part
14.2Moral rights exist for
As long as copyright -
Long after the author's gone
"Unto that good night"
Part II15Performers own rights
To all of their sounds
Even if illegal
Copies abound
16But they still can enter
Licensing deals
To broadcast their music
Whenever they feels
17So if they do license
Their work to a movie
They give up these rights;
Isn't that groovy?
18Record-maker's rights
Always include free:
To publish, rent, or repro-
Duce (but not lewdly)
19This little section
Says moneys collected
For broadcasts are split
After they are inspected
Half to the publisher and
Half to the artist
It doesn't matter which of
The two is the smartest
20Remember that all rights
Written herein
Only apply to a
Canadian
21Broadcasters only
Own their own signal
Regardless of whether it's
Analog or dig'tal
22If a country respects
The rights of Canadians,
Canada will reciprocate
For that country's citizens
23Protection for broadcast
And also performance
Is fifty years after
Fixing in permanence
24Performers own concerts,
Makers own records,
Broadcasters claim what
They air as their rewards
25All of it's subject
To licensing rules -
This section's repeated
From earlier, fools
26How can performers
Own a "performance"
If it's not given
Some kind of permanence?
Strangely enough
Performers do own them,
Whether recorded
On vinyl or platinum
Part III27Don't go infringing
On these copyrights
Doing so won't be
Considered polite
Sometimes you may get
Away with intention
Sometimes you won't,
So please pay attention
Even possessing
A copying doodad
May cause you trouble
Which would be too bad
27.1Copyright law now
Tackles exclusive
Distribution. Why?
The answer's elusive
Why would "copyrights"
Deal with the import
Of legally made copies
Regardless of what sort,
Just to enforce some
Licensing deal?
Something about this
Is not right, I feel
Anyhow, only books,
(I guess I should mention)
Are covered by laws written
Here in this section
28.1*Scritch* *scratch* and *hmmm*
This section explains
That moral rights are moral
Rights, as they're named
28.2"Integrity" of works
Is only violated
If linked to a product,
Changed, or mutilated
Changing it's venue or
Hanging it elsewhere,
Is not problematic if
Handled with good care
29Just when you thought
All copying's wrong
Sections that detail
Exemptions come along
Copying for research
Or private study
Is not called infringement
So cool it there, buddy
29.1Copying for criticism's
Also fair game
When mentioning the source
And the artist's name
29.2Same goes for journalism
It's within the line
Making fun of a product
On CBC is fine
29.3Actions that follow
In sections remaining
Are ok if not done
For monetary gaining
29.4Teachers can copy
For testing or training,
If copies from Loblaw's
Are no longer remaining
29.5Student productions
Of music or plays
Are also permitted
And nobody pays
29.6Teachers can also
Record all the news
And for up to one year
In class may reuse
After the year's up
They must destroy it
Or pay a royalty
To still enjoy it
29.7Teachers can record for
Up to thirty days
While deciding whether
Performing it pays
28.8All these activities
Are only permitted
When copied from sources
Lawfully transmitted
29.9Schools that make copies
Must keep proper count
Of copies they make
To make an account
30This section describes
The school newsletter
(From what I could gather,
Maybe you could do better)
Limiting quoting from
Authors, it appears,
To two passages only
Every five years
It doesn't define what
Is meant by a "passage" -
A paragraph or two
Seems like the message
But also, why bother?
Is not really clear
When terms of "fair dealing"
Should also work here
30.1Libraries copy
For various reasons
If originals needed
Are no longer in season
30.2Libraries also
Can copy, as service,
For those that may do so -
They need not be nervous
30.21"Archives" may also
Backup their stuff
Unless the rights holder
Thinks one is enough
30.3Warnings hung next to
Copy machines,
Exempt from infringement
Public places, it seems
30.4The National Archives
Can copy recordings
After broadcasting
For saving and sorting
30.6You not only can copy
For backups your software
But also adapt it
To use on your hardware
30.7If you capture something
While filming a movie
When not done deliberately
You don't have to worry
30.8You can copy ephemerally
When broadcasting live,
And newsworthy works
May sometimes survive
30.9Ephemeral copies
May also be made
When broadcasting works
For which you have paid
31Similarly, signals
Can be retransmitted
By those who are licensed
And when it's permitted
32If someone complains
Pay them no mind
When copying for
The deaf or the blind
32.1Governments pass
Many strange Acts
'Bout fishes and freeways
Tarmacs and tax
Canadian ones
Aren't immune
They pass 'em all year round
July until June
For some of these Acts
Listed herein
Copying objects
Isn't a sin
32.2This section is full
Of laws miscellaneous
About situations
Sometimes spontaneous
An author can reuse
His studies and molds
Even if copyright
He no longer holds
Anyone can draw
Or take photographs
Of buildings or permanent
Statues, for laughs
You can also report
About lectures given,
Read aloud books
In order to enliven
Report on the nature
Of political speeches
Regardless of whether
In town halls or beaches
Performers at any
Agricultural events
Can sing any song
Present or past tense
And churches and charities
And most organizations
Are pretty much protected
From most litigation
32.3All of these acts
Considered fair dealing
Are free for the doer
And in no way stealing
32.4There's too many "later of"s
And "notwithstandings"
Written in this section
For my understanding
32.5Also in this one,
Too bad, I should tell
That up until now
They were doing quite well
33All of these last three
Sections are lawses
'Bout countries with treaties
And grandfather clauses
Part IV34In any real cases
Of copyright fooling
The owner can take you
To court for a ruling
34.1Copyright ownership,
When in confusion,
Is whoever's name
Appears in profusion
35The fine for infringement
Is only the damage
And any more profits
Defendant has managed (but see 42)
36The copyright owner
Must do all the suing
When bothered by something
Some yokel is doing
37Any court, whether
Provincial or federal,
Has jurisdiction
For all cases, general
38Equipment that's used for
Copy infringing
May soon be relieved
Or may get a singeing
38.1Instead of determining
How much was lost
The owner can ask for
Statutory cost
For willful infringing,
Up to 20k
And no less than five hundred
Dollars to pay
If not done deliberately
Penalty may be
Only two hundred
Dollars in fee
In all the above
If these sums are silly
The court can determine
A fine willy-nilly
38.2Those who may archive,
But not in this case,
Only pay royalties
Just to save face
39You cannot collect
Any remedy
Unless you have registered
Your copyright, you see
39.1Otherwise, injunction
Is all the respect
A courtroom will grant you
Is what I expect
40For infringing buildings,
Even in construction,
You only get damages
And can't seek destruction
41You've only got three years
To file your suit
After which, complaining
Is basically moot
42Criminal damages
Are more of a downer
Than what you will pay to
The copyright owner
For summary offenses
You may have to pay
A harsh fine of up to
Twenty-five k
But if you're indicted
(Thou it doesn't say how)
The fine is a million
Which is just ... wow!
By the way, to be charged
There's limited time
It must be within
Two years of the crime
And also I might just
Remember to mention
Along with the fine
Is six months in prison
43Performing for profit
Without permission
Nets you a small fine
And possibly prison
And changing the content
Or name of a play
Is twice as expensive
So could ruin your day
44Don't bring to Canada
Infringing stuff
What they have now is
More than enough
44.1Customs are able to
Check at the border
If they have a reason
Or given an order
44.2Again with the books?
Dear readers, I must
Tell you I don't think
These sections are just
Giving protection
For distribution
Which violates no copyright
Is not contribution
To benefit the public,
So why have these laws?
The government's throat is
In business' jaws
44.3I'm not sure I got this
But as it appears
Two exclusive distributors
Shouldn't have fears
Of suing each other,
Though how this could be
Doesn't make very much
Sense unto me
44.4This section continues,
As if it were wise,
And says: to recordings
All this applies
45Oh whew, thank goodness
For personal use
And other exceptions
They drop this abuse
Part V46Copyright workers
Have to find space
To sit in the Patent
Office's place
47"The Commissioner or Patents"
Sounds very officious
And shouldn't be filled by
Someone suspicious
The Commissioner of Patents
Does a few things
Like taking this Act
Under his wings
48A Copyright Registrar
Also exists
Or so this here section
Plainly insists
49Either the Registrar,
Commissioner, or Office
Signs the certificates
As soon as they notice
50The Copyright Registrar
Also must do
Whatever the Commissioner
Orders them to
52The CoP also
Generally directs
The Copyright Office
In all its aspects
53Registering copyrights
Will serve you quite well,
Certificates are evidence
As any court would tell
54The copyright office
Keeps all the records
Of copyrights registered
On papers and postcards
55The owner can register
Copyright there,
As can anyone
Who pretends to care
56Not only works, but
Things insubstantial,
Like a performance
For profit financial
56.1Fake registration is
Not a good move
You'll have to pay up
When damage is proved
57Registering's finished
When all fees are paid
But even then sometimes
Corrections are made
58All registrations
Are now international,
That's not an accident
It's quite intentional
59The Governor Council
Can charge extra dimes
Or change the fee schedule
To after tea-times
Part VI60Eighty years ago
People had rights;
Read this if this fact
Keeps you up nights
61Errors are made -
So the world goes,
They can be corrected
As everyone knows
62The Governor Council
Makes regulations
Whenever he's suffering
Intoxication
64Items with designs
Integral to function
Are generally copyable
Without compunction
64.1You can draw these designs,
Or add to these items
Levers, or zippers,
Or handles to right 'em
64.2You probably should know
The last two sections
Don't apply to circuits
On further inspection
Part VII66A Copyright Board
Is used to apply
To behinds of those
Who infringe and then lie
Just kidding, it's called that
'Cause all of its members
Must sit still for so long
Like pieces of lumber
66.1The board has a chairman
And vice-chairman, too
Who do all those things
That chairmen must do
66.2For time that they spend
They will get paid a lot -
Assuming "a lot" means
Something it's not
66.3For conflicts of interest
They don't turn their cheeks:
The conflict is limited
To seventeen weeks
66.4The Board gives a welcome
That's open and broad
For workers and specialists
To come on aboard
66.5Board members finish
All jobs they were tasked,
Majority vote decides
All questions asked
66.51Where difficult answers
Might need a revision
The members may reach an
Interim decision
66.52Royalty decisions
Might sometimes be changed
If situation warrants
And someone gets blamed
66.6After the Board makes
Any decision
They head to a bar with
Unfailing precision
66.7Stuff they decide
Has force of the courts
For matters related to
Copyrights, all sorts
66.71The Board can print up
Decisions it's written
And stick them on houses,
Billboards, and kittens
66.8The members make studies
Whenever they're told -
They have to put all of
Their Quake games on hold
66.9They do all these things
And write them all down
To give to the Minister
When summer comes round
66.91The Governor Council
Can chastise the Board -
Five years of hard work
And that's the reward?
67Whoever keeps track of
Performance rights
Must answer all questions
Without any fights
67.1This body reports on
Tariffs and such,
And when they are missing
Decides on how much
68The Copyright Board is
Where tariffs are set
And published forthrightly
In the Canada Gazette
68.1From what I can tell
This section's advising
On tariffs on income
From advertising
68.2Tariffs and royalties ...
I'm starting to twitch
It seems I've forgotten now
Which one is which
69When people perform
Concerts outside
People with radios
Don't have to hide
Only broadcasters
Pay for transmission
And must ensure they have
Proper permission
70.1These sections apply
To license collectives
Who own all the media,
From public perspective
70.11Collectives must answer
All licensing questions
But don't need to take any
Public suggestions
70.12Collectives will sometimes
Discuss with the Board
Or public about all
The works that they hoard
70.13Collectives must file
Before it is Spring
Licenses they charge
For everything
70.14There's nothing to see
Inside of this section
Just references and numbers
In one small collection
70.15The Board can make changes
And then certify
The tariffs as valid,
And then they apply
70.16The Board then makes public
All of these fees
While those who must pay them
Collectively wheeze
70.17For anyone willing
To pay the set fee,
From any form of
Litigation is free
70.18You must pay the fees
Even if they're proposed
So long as the fee infor-
Mation's disclosed
70.19Private agreements
Trump any tariff
And keep far away
The copyright sheriff
70.191In this sort of case
The tariff is mute
And you'll have no fear of
A copyright suit
70.2If you are stuck haggling
The licensing feeses
The Board may decide for
Whomever it pleases
70.3But if, while they're thinking,
Agreement is reached,
The Board will pretend
It was never beseeched
70.4Any agreement is
Enacted both ways:
Who can use what rights
And which party pays
70.5Agreements are filed
And after submission
Reviewed by Commissioner
Of Competition
If not satisfied,
He gives it back to
The Board, and asks them
To make a review
70.6The Board then reviews
And might change some clauses
Telling the parties the
Whys and Becauses
71I don't understand -
I'm not trying to be mean -
But this section repeats
Seventy-thirteen
72The Board takes objections
To its proposed fees
So file a complaint
If you are displeased
73After the fees
Have all been approved,
Chance for objection
Has been removed
74Small retransmission
Systems get preference
On all of the fees
Previously referenced
75In case it's not obvious
Collectives may go
Out to collect all the
Fees that you owe
76If you are an artist
You don't have to ask;
Your friendly collective
Will take up the task
77If you tried to locate
A copyright owner
And couldn't find him,
It's not such a downer
Whichever collective
To whom he'd belong
Can give you a license
For movie or song
78The Board may decide,
When all's in dispute,
A sum, unless someone
In court filed suit
Until it's decided,
The Board may prevent
Use of the items
In any event
Part VIII79The next sections here,
Numbering nine,
Levies for private
Copying define
Which means that they'd rather
Tax blank CDs,
And blank tapes indis-
Criminately
Rather than chase every
Tom, Dick, and Harry
Personally copying on
Stereos they carry
80Copying for personal
Use in permitted
And no form of payment
Need be remitted
81Instead they get taxes
On every blank media
A practice which some folks
Consider much seedier
(Little of it gets to
The artist themselves
Most of it sits on the
Collective's shelves)
82Makers of audio
Recording devices
Must pay collectives
A fixed set of prices
83Collectives make claims for
What artists should get
According to sums
In the Canada Gazette
84Whoever collects all
The fees then gives out
The sums to collectives
Without any doubt
(But note that the gravy train
Ends over here;
How money gets to the
Artists ain't clear)
85The Minister also
Sometimes agrees
To pass on to foreigners
Similar fees
86Retailers selling
Recording devices
To deaf or to blind people
Don't pay these prices
87The Governor Council
Fixes these laws
Ensuring that everyone
Follows each clause
88Those device makers
Who fail to pay fees
Could get in trouble
Up to their knees
Part IX89No one can make
A copyright claim
Except as the laws in
This document frame
90Nothing herein
Has set any fees
Or specified values
For any royalties
91The Governor Council
Works to ensure
That all international
Laws are secure
92They re-checked this Act
For any type of flaw
After they passed it
And it became law
That's all she wrote
Now I can rest
And yes, this material
Will be on the test
Yehuda
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