10. Another Perspective
Notes
1 The author would like to thank Lyn Elliot Sherwood, Director General of the Canadian Heritage Information Network, for her guidance and insightful comments concerning the structure of this paper. The author also thanks reviewers Lesley Ellen Harris, Paul K. Lepsoe, Mario Bouchard, and Barbara Lang Rottenberg for their helpful comments and suggestions.
2 Marian Hebb, "Answers to Questionnaire from Professor Carine Doutrelepont on Collective Administration of Authors and Performers Rights," L’Association Littéraire et Artistique Internationale ( ALAI) International Congress, 1997, 1.
3 Collective societies are not required to file their agreements with the Copyright Board, but it is to their advantage to do so if they wish to benefit from an administrative tribunal (versus the courts) in problems that may arise.
4 SOCAN was formed by the amalgamation of the Canadian Authors and Publishers Association of Canada (CAPAC) and the Performing Rights Organization of Canada (PROCAN). SOCAN represents composers, authors, and publishers of musical works. See also Claudette Fortier, "Réponse de Questionnaire de Madame Carine Doutrelepont," ALAI International Congress 1997, 1.
5 Neighboring rights were introduced into Canadian law by amendments contained in the World Trade Organization Agreement Implementation Act, S.C. 1994, c. 47 and then expanded upon in the Copyright Act, S.C. 1997, c. 42.
6 Robert T. Hughes et al., Hughes on Copyright and Industrial Design (Toronto: Butterworths, 1997), 491—492.
7 The Canada Gazette is a government publication that generally notes the coming into force of new legislation, new regulations, etc.
8 Hughes, endnote 6.
9 Ibid., endnote 6, 499f.
10 Ibid.
11 Ibid., endnote 6, 495f. In very limited circumstances, a licensing body may remain subject to the control of the Director of Investigation and Research acting under the auspices of the Copyright Board.
| Chapter 10: Another Perspective | |
| A. Introduction | |