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1. Member raising question and answering

United States of America
Canada

2. Category and subcategory

Copyright and Related Rights

3. Question

7. Please explain how Canada reconciles the authority provided with regard to licenses for publication by other than the copyright owner through Sections 16 to 21 and 22 to 26 of the Copyright Act with Berne Article 9(2) and TRIPS Article 13, which require limitations and exceptions to exclusive rights to be limited to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the rightholder.

4. Answer

Copyright Act, Sections 16-26, were repealed by Section 59 of the World Trade Organization Agreement Implementation Act, the intellectual property provisions of which entered into force on 1 January 1996.
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