Loi sur le droit d’auteur (L.R.C. (1985), ch. C-42), Canada, WIPO Lex

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Français Loi sur le droit d’auteur (L.R.C. (1985), ch. C-42)

Anglais Copyright Act (R.S.C., 1985, c. C-42)

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(R.S.C. , 1985, c. C-42)

(as amended up to June 17, 2019)

An Act respecting copyright

Short Title

Short title

1 This Act may be cited as the Copyright Act.

R.S., c. C-30, s. 1.

Interpretation

Definitions

2 In this Act,

architectural work means any building or structure or any model of a building or

structure; (oeuvre architecturale)

architectural work of art [Repealed, 1993, c. 44, s. 53]

artistic work includes paintings, drawings, maps, charts, plans, photographs,

engravings, sculptures, works of artistic craftsmanship, architectural works, and

compilations of artistic works; (oeuvre artistique)

Berne Convention country means a country that is a party to the Convention

for the Protection of Literary and Artistic Works concluded at Berne on

September 9, 1886, or any one of its revisions, including the Paris Act of 1971;

(pays partie à la Convention de Berne)

Board means the Copyright Board established by subsection 66(1);

(Commission)

book means a volume or a part or division of a volume, in printed form, but does

not include

(a) a pamphlet,

(b) a newspaper, review, magazine or other periodical,

music is separately published, and

(d) an instruction or repair manual that accompanies a product or that is

supplied as an accessory to a service; (livre)

broadcaster means a body that, in the course of operating a broadcasting

undertaking, broadcasts a communication signal in accordance with the law of the

country in which the broadcasting undertaking is carried on, but excludes a body

whose primary activity in relation to communication signals is their

retransmission; (radiodiffuseur)

choreographic work includes any work of choreography, whether or not it has

any story line; (oeuvre chorégraphique)

cinematograph [Repealed, 1997, c. 24, s. 1]

cinematographic work includes any work expressed by any process analogous

to cinematography, whether or not accompanied by a soundtrack; (oeuvre

cinématographique)

collective society means a society, association or corporation that carries on

the business of collective administration of copyright or of the remuneration right

conferred by section 19 or 81 for the benefit of those who, by assignment, grant

of licence, appointment of it as their agent or otherwise, authorize it to act on their

behalf in relation to that collective administration, and

(a) operates a licensing scheme, applicable in relation to a repertoire of works,

performer’s performances, sound recordings or communication signals of

more than one author, performer, sound recording maker or broadcaster,

pursuant to which the society, association or corporation sets out classes of

uses that it agrees to authorize under this Act, and the royalties and terms and

conditions on which it agrees to authorize those classes of uses, or

(b) carries on the business of collecting and distributing royalties or levies

payable under this Act in relation to a repertoire of works, performer’s

performances, sound recordings or communication signals of more than one

author, performer, sound recording maker or broadcaster; (société de

gestion)

collective work means

(a) an encyclopaedia, dictionary, year book or similar work,

(b) a newspaper, review, magazine or similar periodical, and

parts of works of different authors are incorporated; (recueil)

commercially available means, in relation to a work or other subject-matter,

(a) available on the Canadian market within a reasonable time and for a

reasonable price and may be located with reasonable effort, or

(b) for which a licence to reproduce, perform in public or communicate to the

public by telecommunication is available from a collective society within a

reasonable time and for a reasonable price and may be located with

reasonable effort; (accessible sur le marché)

communication signal means radio waves transmitted through space without

any artificial guide, for reception by the public; (signal de communication)

compilation means

(a) a work resulting from the selection or arrangement of literary, dramatic,

musical or artistic works or of parts thereof, or

(b) a work resulting from the selection or arrangement of data; (compilation)

computer program means a set of instructions or statements, expressed, fixed,

embodied or stored in any manner, that is to be used directly or indirectly in a

computer in order to bring about a specific result; (programme d’ordinateur)

(a) section 3, in the case of a work,

(b) sections 15 and 26, in the case of a performer’s performance,

(d) section 21, in the case of a communication signal; (droit d’auteur)

country includes any territory; (pays)

defendant includes a respondent to an application; (Version anglaise seulement)

delivery [Repealed, 1997, c. 24, s. 1]

dramatic work includes

(a) any piece for recitation, choreographic work or mime, the scenic

arrangement or acting form of which is fixed in writing or otherwise,

(b) any cinematographic work, and

educational institution means

(a) a non-profit institution licensed or recognized by or under an Act of

Parliament or the legislature of a province to provide pre-school, elementary,

secondary or post-secondary education,

(b) a non-profit institution that is directed or controlled by a board of education

regulated by or under an Act of the legislature of a province and that provides

continuing, professional or vocational education or training,

body, that controls or supervises education or training referred to in paragraph

(a) or (b), or

(d) any other non-profit institution prescribed by regulation; (établissement

d’enseignement)

engravings includes etchings, lithographs, woodcuts, prints and other similar

works, not being photographs; (gravure)

every original literary, dramatic, musical and artistic work includes every

original production in the literary, scientific or artistic domain, whatever may be

the mode or form of its expression, such as compilations, books, pamphlets and

other writings, lectures, dramatic or dramatico-musical works, musical works,

translations, illustrations, sketches and plastic works relative to geography,

topography, architecture or science; (toute oeuvre littéraire, dramatique, musicale

ou artistique originale)

exclusive distributor means, in relation to a book, a person who

(a) has, before or after the coming into force of this definition, been appointed

in writing, by the owner or exclusive licensee of the copyright in the book in

Canada, as

(i) the only distributor of the book in Canada or any part of Canada, or

(ii) the only distributor of the book in Canada or any part of Canada in

respect of a particular sector of the market, and

(b) meets the criteria established by regulations made under section 2.6,

and, for greater certainty, if there are no regulations made under section 2.6, then

no person qualifies under this definition as an “exclusive distributor”; (distributeur

exclusif)

Her Majesty’s Realms and Territories [Repealed, 1997, c. 24, s. 1]

infringing means

(a) in relation to a work in which copyright subsists, any copy, including any

colourable imitation, made or dealt with in contravention of this Act,

(b) in relation to a performer’s performance in respect of which copyright

subsists, any fixation or copy of a fixation of it made or dealt with in

contravention of this Act,

copy of it made or dealt with in contravention of this Act, or

(d) in relation to a communication signal in respect of which copyright

subsists, any fixation or copy of a fixation of it made or dealt with in

contravention of this Act.

The definition includes a copy that is imported in the circumstances set out in

paragraph 27(2)(e) and section 27.1 but does not otherwise include a copy made

with the consent of the owner of the copyright in the country where the copy was

made; (contrefaçon)

lecture includes address, speech and sermon; (conférence)

legal representatives includes heirs, executors, administrators, successors and

assigns, or agents or attorneys who are thereunto duly authorized in writing;

(représentants légaux)

library, archive or museum means

(a) an institution, whether or not incorporated, that is not established or

conducted for profit or that does not form a part of, or is not administered or

directly or indirectly controlled by, a body that is established or conducted for

profit, in which is held and maintained a collection of documents and other

materials that is open to the public or to researchers, or

(b) any other non-profit institution prescribed by regulation; (bibliothèque,

musée ou service d’archives)

literary work includes tables, computer programs, and compilations of literary

works; (oeuvre littéraire)

maker means

(a) in relation to a cinematographic work, the person by whom the

arrangements necessary for the making of the work are undertaken, or

(b) in relation to a sound recording, the person by whom the arrangements

necessary for the first fixation of the sounds are undertaken; (producteur)

Minister, except in sections 44 to 44.12, means the Minister of Industry;

(ministre)

moral rights means the rights described in subsections 14.1(1) and 17.1(1);

(droits moraux)

musical work means any work of music or musical composition, with or without

words, and includes any compilation thereof; (oeuvre musicale)

perceptual disability means a disability that prevents or inhibits a person from

reading or hearing a literary, musical, dramatic or artistic work in its original

format, and includes such a disability resulting from

(a) severe or total impairment of sight or hearing or the inability to focus or

move one’s eyes,

(b) the inability to hold or manipulate a book, or

performance means any acoustic or visual representation of a work, performer’s

performance, sound recording or communication signal, including a

representation made by means of any mechanical instrument, radio receiving set

or television receiving set; (représentation ou exécution)

performer’s performance means any of the following when done by a

performer:

(a) a performance of an artistic work, dramatic work or musical work, whether

or not the work was previously fixed in any material form, and whether or not

the work’s term of copyright protection under this Act has expired,

(b) a recitation or reading of a literary work, whether or not the work’s term of

or not the improvised work is based on a pre-existing work; (prestation)

photograph includes photo-lithograph and any work expressed by any process

analogous to photography; (photographie)

plaintiff includes an applicant; (Version anglaise seulement)

plate includes

(a) any stereotype or other plate, stone, block, mould, matrix, transfer or

negative used or intended to be used for printing or reproducing copies of any

work, and

(b) any matrix or other appliance used or intended to be used for making or

reproducing sound recordings, performer’s performances or communication

signals; (planche)

premises means, in relation to an educational institution, a place where

education or training referred to in the definition “educational institution” is

provided, controlled or supervised by the educational institution; (locaux)

receiving device [Repealed, 1993, c. 44, s. 79]

Rome Convention country means a country that is a party to the International

Convention for the Protection of Performers, Producers of Phonograms and

Broadcasting Organisations, done at Rome on October 26, 1961; (pays partie à

la Convention de Rome)

sculpture includes a cast or model; (sculpture)

sound recording means a recording, fixed in any material form, consisting of

sounds, whether or not of a performance of a work, but excludes any soundtrack

of a cinematographic work where it accompanies the cinematographic work;

(enregistrement sonore)

telecommunication means any transmission of signs, signals, writing, images or

sounds or intelligence of any nature by wire, radio, visual, optical or other

electromagnetic system; (télécommunication)

treaty country means a Berne Convention country, UCC country, WCT country

or WTO Member; (pays signataire)

UCC country means a country that is a party to the Universal Copyright

Convention, adopted on September 6, 1952 in Geneva, Switzerland, or to that

Convention as revised in Paris, France on July 24, 1971; (pays partie à la

Convention universelle)

WCT country means a country that is a party to the WIPO Copyright Treaty,

adopted in Geneva on December 20, 1996; (pays partie au traité de l’ODA)

work includes the title thereof when such title is original and distinctive; (oeuvre)

work of joint authorship means a work produced by the collaboration of two or

more authors in which the contribution of one author is not distinct from the

contribution of the other author or authors; (oeuvre créée en collaboration)

work of sculpture [Repealed, 1997, c. 24, s. 1]

WPPT country means a country that is a party to the WIPO Performances and

Phonograms Treaty, adopted in Geneva on December 20, 1996; (pays partie au

traité de l’OIEP)

WTO Member means a Member of the World Trade Organization as defined in

subsection 2(1) of the World Trade Organization Agreement Implementation Act.

(membre de l’OMC)

R.S., 1985, c. C-42, s. 2; R.S., 1985, c. 10 (4th Supp.), s. 1; 1988, c. 65, s. 61; 1992, c. 1, s. 145

(F); 1993, c. 23, s. 1, c. 44, ss. 53, 79; 1994, c. 47, s. 56; 1995, c. 1, s. 62; 1997, c. 24, s. 1;

2012, c. 20, s. 2; 2014, c. 32, s. 2; 2018, c. 27, s. 280.

Compilations

2.1 (1) A compilation containing two or more of the categories of literary,

dramatic, musical or artistic works shall be deemed to be a compilation of the

category making up the most substantial part of the compilation.

Idem

(2) The mere fact that a work is included in a compilation does not increase,

decrease or otherwise affect the protection conferred by this Act in respect of the

1993, c. 44, s. 54.

Definition of maker

2.11 For greater certainty, the arrangements referred to in paragraph (b) of the

definition maker in section 2, as that term is used in section 19 and in the

definition eligible maker in section 79, include arrangements for entering into

contracts with performers, financial arrangements and technical arrangements

required for the first fixation of the sounds for a sound recording.

1997, c. 24, s. 2.

Definition of publication

2.2 (1) For the purposes of this Act, publication means

(a) in relation to works,

(i) making copies of a work available to the public,

(ii) the construction of an architectural work, and

(iii) the incorporation of an artistic work into an architectural work, and

(b) in relation to sound recordings, making copies of a sound recording

available to the public,

but does not include

telecommunication, of a literary, dramatic, musical or artistic work or a sound

recording, or

(d) the exhibition in public of an artistic work.

Issue of photographs and engravings

(2) For the purpose of subsection (1), the issue of photographs and engravings of

sculptures and architectural works is not deemed to be publication of those

works.

Where no consent of copyright owner

(3) For the purposes of this Act, other than in respect of infringement of copyright,

a work or other subject-matter is not deemed to be published or performed in

public or communicated to the public by telecommunication if that act is done

without the consent of the owner of the copyright.

Unpublished works

(4) Where, in the case of an unpublished work, the making of the work is

extended over a considerable period, the conditions of this Act conferring

substantial part of that period, a subject or citizen of, or a person ordinarily

resident in, a country to which this Act extends.

1997, c. 24, s. 2.

Telecommunication

2.3 A person who communicates a work or other subject-matter to the public by

telecommunication does not by that act alone perform it in public, nor by that act

alone is deemed to authorize its performance in public.

1997, c. 24, s. 2.

Communication to the public by telecommunication

2.4 (1) For the purposes of communication to the public by telecommunication,

(a) persons who occupy apartments, hotel rooms or dwelling units situated in

the same building are part of the public, and a communication intended to be

received exclusively by such persons is a communication to the public;

(b) a person whose only act in respect of the communication of a work or

other subject-matter to the public consists of providing the means of

telecommunication necessary for another person to so communicate the work

or other subject-matter does not communicate that work or other subject-

matter to the public; and

(i) a network, within the meaning of the Broadcasting Act, whose

operations result in the communication of works or other subject-matter to

the public, or

(ii) any programming undertaking whose operations result in the

communication of works or other subject-matter to the public,

transmits by telecommunication a work or other subject-matter that is

communicated to the public by another person who is not a retransmitter of a

signal within the meaning of subsection 31(1), the transmission and

communication of that work or other subject-matter by those persons

constitute a single communication to the public for which those persons are

jointly and severally liable.

Communication to the public by telecommunication

(1.1) For the purposes of this Act, communication of a work or other subject-

matter to the public by telecommunication includes making it available to the

public by telecommunication in a way that allows a member of the public to have

access to it from a place and at a time individually chosen by that member of the

public.

Regulations

(2) The Governor in Council may make regulations defining “programming

undertaking” for the purpose of paragraph (1)(c).

Exception

(3) A work is not communicated in the manner described in paragraph (1)(c) or 3

(1)(f) where a signal carrying the work is retransmitted to a person who is a

retransmitter within the meaning of subsection 31(1).

1997, c. 24, s. 2; 2002, c. 26, s. 1; 2012, c. 20, s. 3.

What constitutes rental

2.5 (1) For the purposes of paragraphs 3(1)(h) and (i), 15(1)(c) and 18(1)(c), an

arrangement, whatever its form, constitutes a rental of a computer program or

sound recording if, and only if,

(a) it is in substance a rental, having regard to all the circumstances; and

(b) it is entered into with motive of gain in relation to the overall operations of

the person who rents out the computer program or sound recording, as the

case may be.

Motive of gain

(2) For the purpose of paragraph (1)(b), a person who rents out a computer

program or sound recording with the intention of recovering no more than the

costs, including overhead, associated with the rental operations does not by that

act alone have a motive of gain in relation to the rental operations.

1997, c. 24, s. 2.

Exclusive distributor

2.6 The Governor in Council may make regulations establishing distribution

criteria for the purpose of paragraph (b) of the definition exclusive distributor in

section 2.

1997, c. 24, s. 2.

Exclusive licence

2.7 For the purposes of this Act, an exclusive licence is an authorization to do any

act that is subject to copyright to the exclusion of all others including the copyright

owner, whether the authorization is granted by the owner or an exclusive licensee

claiming under the owner.

1997, c. 24, s. 2.

PART I

3 (1) For the purposes of this Act, copyright, in relation to a work, means the

sole right to produce or reproduce the work or any substantial part thereof in any

material form whatever, to perform the work or any substantial part thereof in

public or, if the work is unpublished, to publish the work or any substantial part

thereof, and includes the sole right

(a) to produce, reproduce, perform or publish any translation of the work,

(b) in the case of a dramatic work, to convert it into a novel or other non-

dramatic work,

convert it into a dramatic work, by way of performance in public or otherwise,

(d) in the case of a literary, dramatic or musical work, to make any sound

recording, cinematograph film or other contrivance by means of which the

work may be mechanically reproduced or performed,

(e) in the case of any literary, dramatic, musical or artistic work, to reproduce,

adapt and publicly present the work as a cinematographic work,

(f) in the case of any literary, dramatic, musical or artistic work, to

communicate the work to the public by telecommunication,

(g) to present at a public exhibition, for a purpose other than sale or hire, an

artistic work created after June 7, 1988, other than a map, chart or plan,

(h) in the case of a computer program that can be reproduced in the ordinary

course of its use, other than by a reproduction during its execution in

conjunction with a machine, device or computer, to rent out the computer

program,

(i) in the case of a musical work, to rent out a sound recording in which the

work is embodied, and

(j) in the case of a work that is in the form of a tangible object, to sell or

otherwise transfer ownership of the tangible object, as long as that ownership

has never previously been transferred in or outside Canada with the

authorization of the copyright owner,

and to authorize any such acts.

Simultaneous fixing

(1.1) A work that is communicated in the manner described in paragraph (1)(f) is

fixed even if it is fixed simultaneously with its communication.

(1.2) to (4) [Repealed, 1997, c. 24, s. 3]

R.S., 1985, c. C-42, s. 3; R.S., 1985, c. 10 (4th Supp.), s. 2; 1988, c. 65, s. 62; 1993, c. 23, s. 2, c.

44, s. 55; 1997, c. 24, s. 3; 2012, c. 20, s. 4.

4 [Repealed, 1997, c. 24, s. 4]

Works in which Copyright may Subsist

Conditions for subsistence of copyright

5 (1) Subject to this Act, copyright shall subsist in Canada, for the term

hereinafter mentioned, in every original literary, dramatic, musical and artistic

work if any one of the following conditions is met:

(a) in the case of any work, whether published or unpublished, including a

cinematographic work, the author was, at the date of the making of the work, a

citizen or subject of, or a person ordinarily resident in, a treaty country;

(b) in the case of a cinematographic work, whether published or unpublished,

the maker, at the date of the making of the cinematographic work,

(i) if a corporation, had its headquarters in a treaty country, or

(ii) if a natural person, was a citizen or subject of, or a person ordinarily

resident in, a treaty country; or

(i) in relation to subparagraph 2.2(1)(a)(i), the first publication in such a

quantity as to satisfy the reasonable demands of the public, having regard

to the nature of the work, occurred in a treaty country, or

(ii) in relation to subparagraph 2.2(1)(a)(ii) or (iii), the first publication

occurred in a treaty country.

Protection for older works

(1.01) For the purposes of subsection (1), a country that becomes a Berne

Convention country, a WCT country or a WTO Member after the date of the

making or publication of a work is deemed to have been a Berne Convention

country, a WCT country or a WTO Member, as the case may be, at that date,

subject to subsection (1.02) and sections 33 to 33.2.

Limitation

(1.02) Subsection (1.01) does not confer copyright protection in Canada on a

work whose term of copyright protection in the country referred to in that

subsection had expired before that country became a Berne Convention country,

a WCT country or a WTO Member, as the case may be.

Application of subsections (1.01) and (1.02)

(1.03) Subsections (1.01) and (1.02) apply, and are deemed to have applied,

regardless of whether the country in question became a Berne Convention

country, a WCT country or a WTO Member before or after the coming into force

of those subsections.

First publication

(1.1) The first publication described in subparagraph (1)(c)(i) or (ii) is deemed to

have occurred in a treaty country notwithstanding that it in fact occurred

previously elsewhere, if the interval between those two publications did not

exceed thirty days.

Idem

(1.2) Copyright shall not subsist in Canada otherwise than as provided by

subsection (1), except in so far as the protection conferred by this Act is extended

as hereinafter provided to foreign countries to which this Act does not extend.

Minister may extend copyright to other countries

(2) Where the Minister certifies by notice, published in the Canada Gazette, that

any country that is not a treaty country grants or has undertaken to grant, either

by treaty, convention, agreement or law, to citizens of Canada, the benefit of

protection substantially equal to that conferred by this Act, the country shall, for

the purpose of the rights conferred by this Act, be treated as if it were a country to

which this Act extends, and the Minister may give a certificate, notwithstanding

that the remedies for enforcing the rights, or the restrictions on the importation of

copies of works, under the law of such country, differ from those in this Act.

(2.1) [Repealed, 1994, c. 47, s. 57]

(3) to (6) [Repealed, 1997, c. 24, s. 5]

Reciprocity protection preserved

(7) For greater certainty, the protection to which a work is entitled by virtue of a

notice published under subsection (2), or under that subsection as it read at any

time before the coming into force of this subsection, is not affected by reason only

of the country in question becoming a treaty country.

R.S., 1985, c. C-42, s. 5; 1993, c. 15, s. 2, c. 44, s. 57; 1994, c. 47, s. 57; 1997, c. 24, s. 5; 2001,

c. 34, s. 34; 2012, c. 20, s. 5.

Term of Copyright

Term of copyright

6 The term for which copyright shall subsist shall, except as otherwise expressly

provided by this Act, be the life of the author, the remainder of the calendar year

in which the author dies, and a period of fifty years following the end of that

calendar year.

R.S., 1985, c. C-42, s. 6; 1993, c. 44, s. 58.

Anonymous and pseudonymous works

6.1 Except as provided in section 6.2, where the identity of the author of a work is

unknown, copyright in the work shall subsist for whichever of the following terms

ends earlier:

(a) a term consisting of the remainder of the calendar year of the first

publication of the work and a period of fifty years following the end of that

calendar year, and

(b) a term consisting of the remainder of the calendar year of the making of

the work and a period of seventy-five years following the end of that calendar

year,

but where, during that term, the author’s identity becomes commonly known, the

term provided in section 6 applies.

1993, c. 44, s. 58.

Anonymous and pseudonymous works of joint authorship

6.2 Where the identity of all the authors of a work of joint authorship is unknown,

earlier:

(a) a term consisting of the remainder of the calendar year of the first

publication of the work and a period of fifty years following the end of that

calendar year, and

(b) a term consisting of the remainder of the calendar year of the making of

the work and a period of seventy-five years following the end of that calendar

year,

but where, during that term, the identity of one or more of the authors becomes

commonly known, copyright shall subsist for the life of whichever of those authors

dies last, the remainder of the calendar year in which that author dies, and a

period of fifty years following the end of that calendar year.

1993, c. 44, s. 58.

Term of copyright in posthumous works

7 (1) Subject to subsection (2), in the case of a literary, dramatic or musical work,

or an engraving, in which copyright subsists at the date of the death of the author

or, in the case of a work of joint authorship, at or immediately before the date of

the death of the author who dies last, but which has not been published or, in the

case of a lecture or a dramatic or musical work, been performed in public or

communicated to the public by telecommunication, before that date, copyright

shall subsist until publication, or performance in public or communication to the

public by telecommunication, whichever may first happen, for the remainder of

the calendar year of the publication or of the performance in public or

communication to the public by telecommunication, as the case may be, and for a

period of fifty years following the end of that calendar year.

Application of subsection (1)

(2) Subsection (1) applies only where the work in question was published or

performed in public or communicated to the public by telecommunication, as the

case may be, before the coming into force of this section.

Transitional provision

(3) Where

(a) a work has not, at the coming into force of this section, been published or

performed in public or communicated to the public by telecommunication,

(b) subsection (1) would apply to that work if it had been published or

performed in public or communicated to the public by telecommunication

before the coming into force of this section, and

of fifty years immediately before the coming into force of this section,

this section comes into force and for a period of fifty years following the end of

that calendar year, whether or not the work is published or performed in public or

communicated to the public by telecommunication after the coming into force of

this section.

Transitional provision

(4) Where

(a) a work has not, at the coming into force of this section, been published or

performed in public or communicated to the public by telecommunication,

(b) subsection (1) would apply to that work if it had been published or

performed in public or communicated to the public by telecommunication

before the coming into force of this section, and

years before the coming into force of this section,

this section comes into force and for a period of five years following the end of

that calendar year, whether or not the work is published or performed in public or

communicated to the public by telecommunication after the coming into force of

this section.

R.S., 1985, c. C-42, s. 7; 1993, c. 44, s. 58; 1997, c. 24, s. 6.

8 [Repealed, 1993, c. 44, s. 59]

Cases of joint authorship

9 (1) In the case of a work of joint authorship, except as provided in section 6.2,

of the calendar year of that author’s death, and for a period of fifty years following

the end of that calendar year, and references in this Act to the period after the

expiration of any specified number of years from the end of the calendar year of

the death of the author shall be construed as references to the period after the

expiration of the like number of years from the end of the calendar year of the

death of the author who dies last.

Nationals of other countries

(2) Authors who are nationals of any country, other than a country that is a party

to the North American Free Trade Agreement, that grants a term of protection

shorter than that mentioned in subsection (1) are not entitled to claim a longer

term of protection in Canada.

R.S., 1985, c. C-42, s. 9; 1993, c. 44, s. 60.

10 [Repealed, 2012, c. 20, s. 6]

11 [Repealed, 1997, c. 24, s. 8]

Cinematographic works

11.1 Except for cinematographic works in which the arrangement or acting form

or the combination of incidents represented give the work a dramatic character,

shall subsist

(a) for the remainder of the calendar year of the first publication of the

cinematographic work or of the compilation, and for a period of fifty years

following the end of that calendar year; or

(b) if the cinematographic work or compilation is not published before the

expiration of fifty years following the end of the calendar year of its making, for

the remainder of that calendar year and for a period of fifty years following the

end of that calendar year.

1993, c. 44, s. 60; 1997, c. 24, s. 9.

Where copyright belongs to Her Majesty

12 Without prejudice to any rights or privileges of the Crown, where any work is,

or has been, prepared or published by or under the direction or control of Her

Majesty or any government department, the copyright in the work shall, subject to

any agreement with the author, belong to Her Majesty and in that case shall

continue for the remainder of the calendar year of the first publication of the work

and for a period of fifty years following the end of that calendar year.

R.S., 1985, c. C-42, s. 12; 1993, c. 44, s. 60.

Ownership of Copyright

Ownership of copyright

13 (1) Subject to this Act, the author of a work shall be the first owner of the

(2) [Repealed, 2012, c. 20, s. 7]

Work made in the course of employment

(3) Where the author of a work was in the employment of some other person

under a contract of service or apprenticeship and the work was made in the

course of his employment by that person, the person by whom the author was

employed shall, in the absence of any agreement to the contrary, be the first

owner of the copyright, but where the work is an article or other contribution to a

newspaper, magazine or similar periodical, there shall, in the absence of any

agreement to the contrary, be deemed to be reserved to the author a right to

restrain the publication of the work, otherwise than as part of a newspaper,

magazine or similar periodical.

Assignments and licences

(4) The owner of the copyright in any work may assign the right, either wholly or

partially, and either generally or subject to limitations relating to territory, medium

or sector of the market or other limitations relating to the scope of the assignment,

and either for the whole term of the copyright or for any other part thereof, and

may grant any interest in the right by licence, but no assignment or grant is valid

unless it is in writing signed by the owner of the right in respect of which the

assignment or grant is made, or by the owner’s duly authorized agent.

Ownership in case of partial assignment

(5) Where, under any partial assignment of copyright, the assignee becomes

entitled to any right comprised in copyright, the assignee, with respect to the

rights so assigned, and the assignor, with respect to the rights not assigned, shall

be treated for the purposes of this Act as the owner of the copyright, and this Act

has effect accordingly.

Assignment of right of action

(6) For greater certainty, it is deemed always to have been the law that a right of

action for infringement of copyright may be assigned in association with the

assignment of the copyright or the grant of an interest in the copyright by licence.

Exclusive licence

(7) For greater certainty, it is deemed always to have been the law that a grant of

an exclusive licence in a copyright constitutes the grant of an interest in the

R.S., 1985, c. C-42, s. 13; 1997, c. 24, s. 10; 2012, c. 20, s. 7.

Limitation where author is first owner of copyright

14 (1) Where the author of a work is the first owner of the copyright therein, no

assignment of the copyright and no grant of any interest therein, made by him,

otherwise than by will, after June 4, 1921, is operative to vest in the assignee or

grantee any rights with respect to the copyright in the work beyond the expiration

of twenty-five years from the death of the author, and the reversionary interest in

the copyright expectant on the termination of that period shall, on the death of the

author, notwithstanding any agreement to the contrary, devolve on his legal

representatives as part of the estate of the author, and any agreement entered

into by the author as to the disposition of such reversionary interest is void.

Restriction

(2) Nothing in subsection (1) shall be construed as applying to the assignment of

the copyright in a collective work or a licence to publish a work or part of a work

as part of a collective work.

(3) [Repealed, 1997, c. 24, s. 11]

(4) [Repealed, R.S., 1985, c. 10 (4th Supp.), s. 3]

R.S., 1985, c. C-42, s. 14; R.S., 1985, c. 10 (4th Supp.), s. 3; 1997, c. 24, s. 11.

14.01 [Repealed, 1997, c. 24, s. 12]

Moral Rights

Moral rights

14.1 (1) The author of a work has, subject to section 28.2, the right to the integrity

of the work and, in connection with an act mentioned in section 3, the right, where

reasonable in the circumstances, to be associated with the work as its author by

name or under a pseudonym and the right to remain anonymous.

No assignment of moral rights

(2) Moral rights may not be assigned but may be waived in whole or in part.

No waiver by assignment

(3) An assignment of copyright in a work does not by that act alone constitute a

waiver of any moral rights.

Effect of waiver

(4) Where a waiver of any moral right is made in favour of an owner or a licensee

of copyright, it may be invoked by any person authorized by the owner or licensee

to use the work, unless there is an indication to the contrary in the waiver.

R.S., 1985, c. 10 (4th Supp.), s. 4.

Term

14.2 (1) Moral rights in respect of a work subsist for the same term as the

Succession

(2) The moral rights in respect of a work pass, on the death of its author, to

(a) the person to whom those rights are specifically bequeathed;

(b) where there is no specific bequest of those moral rights and the author

dies testate in respect of the copyright in the work, the person to whom that

entitled to any other property in respect of which the author dies intestate.

Subsequent succession

(3) Subsection (2) applies, with such modifications as the circumstances require,

on the death of any person who holds moral rights.

R.S., 1985, c. 10 (4th Supp.), s. 4; 1997, c. 24, s. 13.

PART II

Copyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances

Performers’ Rights

15 (1) Subject to subsection (2), a performer has a copyright in the performer’s

performance, consisting of the sole right to do the following in relation to the

performer’s performance or any substantial part thereof:

(a) if it is not fixed,

(i) to communicate it to the public by telecommunication,

(ii) to perform it in public, where it is communicated to the public by

telecommunication otherwise than by communication signal, and

(iii) to fix it in any material form,

(b) if it is fixed,

(i) to reproduce any fixation that was made without the performer’s

authorization,

(ii) where the performer authorized a fixation, to reproduce any

reproduction of that fixation, if the reproduction being reproduced was

made for a purpose other than that for which the performer’s authorization

was given, and

(iii) where a fixation was permitted under Part III or VIII, to reproduce any

reproduction of that fixation, if the reproduction being reproduced was

made for a purpose other than one permitted under Part III or VIII, and

and to authorize any such acts.

(1.1) Subject to subsections (2.1) and (2.2), a performer’s copyright in the

performer’s performance consists of the sole right to do the following acts in

relation to the performer’s performance or any substantial part of it and to

authorize any of those acts:

(a) if it is not fixed,

(i) to communicate it to the public by telecommunication,

(ii) to perform it in public, if it is communicated to the public by

telecommunication otherwise than by communication signal, and

(iii) to fix it in any material form;

(b) if it is fixed in a sound recording, to reproduce that fixation;

(d) to make a sound recording of it available to the public by

telecommunication in a way that allows a member of the public to have access

to the sound recording from a place and at a time individually chosen by that

member of the public and to communicate the sound recording to the public

by telecommunication in that way; and

(e) if it is fixed in a sound recording that is in the form of a tangible object, to

sell or otherwise transfer ownership of the tangible object, as long as that

ownership has never previously been transferred in or outside Canada with

the authorization of the owner of the copyright in the performer’s performance.

Conditions

(2) Subsection (1) applies only if the performer’s performance

(a) takes place in Canada or in a Rome Convention country;

(b) is fixed in

(i) a sound recording whose maker, at the time of the first fixation,

(A) if a natural person, was a Canadian citizen or permanent resident

within the meaning of subsection 2(1) of the Immigration and Refugee

Protection Act, or a citizen or permanent resident of a Rome

Convention country, or

(B) if a corporation, had its headquarters in Canada or in a Rome

Convention country, or

(ii) a sound recording whose first publication in such a quantity as to

satisfy the reasonable demands of the public occurred in Canada or in a

Rome Convention country; or

communication signal broadcast from Canada or a Rome Convention country

by a broadcaster that has its headquarters in the country of broadcast.

Conditions for copyright

(2.1) Subsection (1.1) applies if

(a) the performer’s performance takes place in Canada;

(b) the performer’s performance is fixed in

(i) a sound recording whose maker, at the time of its first fixation,

(A) was a Canadian citizen or permanent resident as defined in

subsection 2(1) of the Immigration and Refugee Protection Act, in the

case of a natural person, or

(B) had its headquarters in Canada, in the case of a corporation, or

(ii) a sound recording whose first publication in a quantity sufficient to

satisfy the reasonable demands of the public occurred in Canada; or

by a communication signal broadcast from Canada by a broadcaster that has

its headquarters in Canada.

Conditions for copyright

(2.2) Subsection (1.1) also applies if

(a) the performer’s performance takes place in a WPPT country;

(b) the performer’s performance is fixed in

(i) a sound recording whose maker, at the time of its first fixation,

(A) was a citizen or permanent resident of a WPPT country, in the case

of a natural person, or

(B) had its headquarters in a WPPT country, in the case of a

corporation, or

(ii) a sound recording whose first publication in a quantity sufficient to

satisfy the reasonable demands of the public occurred in a WPPT country;

by a communication signal broadcast from a WPPT country by a broadcaster

that has its headquarters in that country.

Publication

(3) The first publication is deemed to have occurred in a country referred to in

paragraph (2)(b) notwithstanding that it in fact occurred previously elsewhere, if

the interval between those two publications does not exceed thirty days.

Publication

(4) The first publication of a sound recording is deemed to have occurred in a

WPPT country, despite an earlier publication elsewhere, if the interval between

the publication in that WPPT country and the earlier publication does not exceed

30 days.

R.S., 1985, c. C-42, s. 15; 1993, c. 44, s. 61; 1997, c. 24, s. 14; 2001, c. 27, s. 235; 2012, c. 20,

s. 9.

Contractual arrangements

16 Nothing in section 15 prevents the performer from entering into a contract

governing the use of the performer’s performance for the purpose of

broadcasting, fixation or retransmission.

R.S., 1985, c. C-42, s. 16; 1994, c. 47, s. 59; 1997, c. 24, s. 14.

Cinematographic works

17 (1) Where the performer authorizes the embodiment of the performer’s

performance in a cinematographic work, the performer may no longer exercise, in

relation to the performance where embodied in that cinematographic work, the

Right to remuneration

(2) Where there is an agreement governing the embodiment referred to in

subsection (1) and that agreement provides for a right to remuneration for the

reproduction, performance in public or communication to the public by

telecommunication of the cinematographic work, the performer may enforce that

right against

(a) the other party to the agreement or, if that party assigns the agreement,

the assignee, and

(b) any other person who

(i) owns the copyright in the cinematographic work governing the

reproduction of the cinematographic work, its performance in public or its

communication to the public by telecommunication, and

(ii) reproduces the cinematographic work, performs it in public or

communicates it to the public by telecommunication,

and persons referred to in paragraphs (a) and (b) are jointly and severally liable to

the performer in respect of the remuneration relating to that copyright.

Application of subsection (2)

(3) Subsection (2) applies only if the performer’s performance is embodied in a

prescribed cinematographic work.

Exception

(4) If so requested by a country that is a party to the North American Free Trade

Agreement, the Minister may, by a statement published in the Canada Gazette,

grant the benefits conferred by this section, subject to any terms and conditions

specified in the statement, to performers who are nationals of that country or

another country that is a party to the Agreement or are Canadian citizens or

permanent residents within the meaning of subsection 2(1) of the Immigration and

Refugee Protection Act and whose performer’s performances are embodied in

works other than the prescribed cinematographic works referred to in subsection

(3).

R.S., 1985, c. C-42, s. 17; 1994, c. 47, s. 59; 1997, c. 24, s. 14; 2001, c. 27, s. 236.

Moral Rights

Moral rights

17.1 (1) In the cases referred to in subsections 15(2.1) and (2.2), a performer of a

live aural performance or a performance fixed in a sound recording has, subject

to subsection 28.2(1), the right to the integrity of the performance, and — in

connection with an act mentioned in subsection 15(1.1) or one for which the

performer has a right to remuneration under section 19 — the right, if it is

reasonable in the circumstances, to be associated with the performance as its

performer by name or under a pseudonym and the right to remain anonymous.

No assignment of moral rights

(2) Moral rights may not be assigned but may be waived in whole or in part.

No waiver by assignment

(3) An assignment of copyright in a performer’s performance does not by itself

constitute a waiver of any moral rights.

Effect of waiver

(4) If a waiver of any moral right is made in favour of an owner or a licensee of a

use the performer’s performance, unless there is an indication to the contrary in

the waiver.

2012, c. 20, s. 10.

Application and term

17.2 (1) Subsection 17.1(1) applies only in respect of a performer’s performance

that occurs after the coming into force of that subsection. The moral rights subsist

for the same term as the copyright in that performer’s performance.

Succession

(2) The moral rights in respect of a performer’s performance pass, on the

performer’s death, to

(a) the person to whom those rights are specifically bequeathed;

(b) if there is not a specific bequest of those moral rights and the performer

dies testate in respect of the copyright in the performer’s performance, the

person to whom that copyright is bequeathed; or

entitled to any other property in respect of which the performer dies intestate.

Subsequent succession

(3) Subsection (2) applies, with any modifications that the circumstances require,

on the death of any person who holds moral rights.

2012, c. 20, s. 10.

Rights of Sound Recording Makers

18 (1) Subject to subsection (2), the maker of a sound recording has a copyright

in the sound recording, consisting of the sole right to do the following in relation to

the sound recording or any substantial part thereof:

(a) to publish it for the first time,

(b) to reproduce it in any material form, and

and to authorize any such acts.

(1.1) Subject to subsections (2.1) and (2.2), a sound recording maker’s copyright

in the sound recording also includes the sole right to do the following acts in

relation to the sound recording or any substantial part of it and to authorize any of

those acts:

(a) to make it available to the public by telecommunication in a way that allows

a member of the public to have access to it from a place and at a time

individually chosen by that member of the public and to communicate it to the

public by telecommunication in that way; and

(b) if it is in the form of a tangible object, to sell or otherwise transfer

ownership of the tangible object, as long as that ownership has never

previously been transferred in or outside Canada with the authorization of the

owner of the copyright in the sound recording.

Conditions for copyright

(2) Subsection (1) applies only if

(a) at the time of the first fixation or, if that first fixation was extended over a

considerable period, during any substantial part of that period, the maker of

the sound recording

(i) was a Canadian citizen or permanent resident as defined in subsection

2(1) of the Immigration and Refugee Protection Act,

(ii) was a citizen or permanent resident of a Berne Convention country, a

Rome Convention country, a WPPT country or a country that is a WTO

Member, or

(iii) had its headquarters in one of those countries, in the case of a

corporation; or

(b) the first publication of the sound recording in a quantity sufficient to satisfy

the reasonable demands of the public occurred in any country referred to in

paragraph (a).

Conditions for copyright

(2.1) Subsection (1.1) applies if

(a) at the time of the first fixation or, if that first fixation was extended over a

considerable period, during any substantial part of that period, the maker of

the sound recording

(i) was a Canadian citizen or permanent resident as defined in subsection

2(1) of the Immigration and Refugee Protection Act, or

(ii) had its headquarters in Canada, in the case of a corporation; or

(b) the first publication of the sound recording in a quantity sufficient to satisfy

the reasonable demands of the public occurred in Canada.

Conditions for copyright

(2.2) Subsection (1.1) also applies if

(a) at the time of the first fixation or, if that first fixation was extended over a

considerable period, during any substantial part of that period, the maker of

the sound recording

(i) was a citizen or permanent resident of a WPPT country, or

(ii) had its headquarters in a WPPT country, in the case of a corporation;

(b) the first publication of the sound recording in a quantity sufficient to satisfy

the reasonable demands of the public occurred in a WPPT country.

Publication

(3) The first publication is deemed to have occurred in a country referred to in

paragraph (2)(a) notwithstanding that it in fact occurred previously elsewhere, if

the interval between those two publications does not exceed thirty days.

Publication

(4) The first publication of a sound recording is deemed to have occurred in a

WPPT country, despite an earlier publication elsewhere, if the interval between

the publication in that WPPT country and the earlier publication does not exceed

30 days.

R.S., 1985, c. C-42, s. 18; R.S., 1985, c. 10 (4th Supp.), s. 17(F); 1994, c. 47, s. 59; 1997, c. 24, s.

14; 2001, c. 27, s. 237; 2012, c. 20, s. 11.

Provisions Applicable to both Performers and Sound Recording Makers

Right to remuneration — Canada

19 (1) If a sound recording has been published, the performer and maker are

entitled, subject to subsection 20(1), to be paid equitable remuneration for its

performance in public or its communication to the public by telecommunication,

except for a communication in the circumstances referred to in paragraph 15(1.1)

(d) or 18(1.1)(a) and any retransmission.

Right to remuneration — Rome Convention country

(1.1) If a sound recording has been published, the performer and maker are

entitled, subject to subsections 20(1.1) and (2), to be paid equitable remuneration

for its performance in public or its communication to the public by

telecommunication, except for

(a) a communication in the circumstances referred to in paragraph 15(1.1)(d)

or 18(1.1)(a), if the person entitled to the equitable remuneration is entitled to

the right referred to in those paragraphs for that communication; and

(b) any retransmission.

Right to remuneration — WPPT country

(1.2) If a sound recording has been published, the performer and maker are

entitled, subject to subsections 20(1.2) and (2.1), to be paid equitable

remuneration for its performance in public or its communication to the public by

telecommunication, except for a communication in the circumstances referred to

in paragraph 15(1.1)(d) or 18(1.1)(a) and any retransmission.

Royalties

(2) For the purpose of providing the remuneration mentioned in this section, a

person who performs a published sound recording in public or communicates it to

the public by telecommunication is liable to pay royalties

(a) in the case of a sound recording of a musical work, to the collective society

authorized under Part VII.1 to collect them; or

(b) in the case of a sound recording of a literary work or dramatic work, to

either the maker of the sound recording or the performer.

Division of royalties

(3) The royalties, once paid pursuant to paragraph (2)(a) or (b), shall be divided

so that

(a) the performer or performers receive in aggregate fifty per cent; and

(b) the maker or makers receive in aggregate fifty per cent.

R.S., 1985, c. C-42, s. 19; 1994, c. 47, s. 59; 1997, c. 24, s. 14; 2012, c. 20, s. 12; 2018, c. 27, s.

281.

Deemed publication — Canada

19.1 Despite subsection 2.2(1), a sound recording that has been made available

to the public by telecommunication in a way that allows a member of the public to

access it from a place and at a time individually chosen by that member of the

public, or that has been communicated to the public by telecommunication in that

way, is deemed to have been published for the purposes of subsection 19(1).

2012, c. 20, s. 13.

Deemed publication — WPPT country

19.2 Despite subsection 2.2(1), a sound recording that has been made available

to the public by telecommunication in a way that allows a member of the public to

access it from a place and at a time individually chosen by that member of the

public, or that has been communicated to the public by telecommunication in that

way, is deemed to have been published for the purposes of subsection 19(1.2).

2012, c. 20, s. 14.

Conditions — Canada

20 (1) The right to remuneration conferred by subsection 19(1) applies only if

(a) the maker was, at the date of the first fixation, a Canadian citizen or

permanent resident within the meaning of subsection 2(1) of the Immigration

and Refugee Protection Act or, if a corporation, had its headquarters in

Canada; or

(b) all the fixations done for the sound recording occurred in Canada.

Conditions — Rome Convention country

(1.1) The right to remuneration conferred by subsection 19(1.1) applies only if

(a) the maker was, at the date of the first fixation, a citizen or permanent

resident of a Rome Convention country or, if a corporation, had its

headquarters in a Rome Convention country; or

(b) all the fixations done for the sound recording occurred in a Rome

Convention country.

Conditions — WPPT country

(1.2) The right to remuneration conferred by subsection 19(1.2) applies only if

(a) the maker was, at the date of the first fixation, a citizen or permanent

resident of a WPPT country or, if a corporation, had its headquarters in a

WPPT country; or

(b) all the fixations done for the sound recording occurred in a WPPT country.

Exception — Rome Convention country

(2) Despite subsection (1.1), if the Minister is of the opinion that a Rome

Convention country does not grant a right to remuneration, similar in scope and

duration to that provided by subsection 19(1.1), for the performance in public or

the communication to the public of a sound recording whose maker, at the date of

its first fixation, was a Canadian citizen or permanent resident within the meaning

of subsection 2(1) of the Immigration and Refugee Protection Act or, if a

corporation, had its headquarters in Canada, the Minister may, by a statement

published in the Canada Gazette, limit the scope and duration of the protection

for sound recordings whose first fixation is done by a maker who is a citizen or

permanent resident of that country or, if a corporation, has its headquarters in that

country.

Exception — WPPT country

(2.1) Despite subsection (1.2), if the Minister is of the opinion that a WPPT

country does not grant a right to remuneration, similar in scope and duration to

that provided by subsection 19(1.2), for the performance in public or the

communication to the public of a sound recording whose maker, at the date of its

first fixation, was a Canadian citizen or permanent resident within the meaning of

subsection 2(1) of the Immigration and Refugee Protection Act or, if a

corporation, had its headquarters in Canada, the Minister may, by a statement

published in the Canada Gazette, limit the scope and duration of the protection

for sound recordings whose first fixation is done by a maker who is a citizen or

permanent resident of that country or, if a corporation, has its headquarters in that

country.

Exception

(3) If so requested by a country that is a party to the North American Free Trade

Agreement, the Minister may, by a statement published in the Canada Gazette,

grant the right to remuneration conferred by subsection 19(1.1) to performers or

makers who are nationals of that country and whose sound recordings embody

dramatic or literary works.

Application of section 19

(4) Where a statement is published under subsection (3), section 19 applies

(a) in respect of nationals of a country mentioned in that statement, as if they

were citizens of Canada or, in the case of corporations, had their

headquarters in Canada; and

(b) as if the fixations made for the purpose of their sound recordings had been

made in Canada.

R.S., 1985, c. C-42, s. 20; 1994, c. 47, s. 59; 1997, c. 24, s. 14; 2001, c. 27, s. 238; 2012, c. 20,

s. 15.

Rights of Broadcasters

21 (1) Subject to subsection (2), a broadcaster has a copyright in the

communication signals that it broadcasts, consisting of the sole right to do the

following in relation to the communication signal or any substantial part thereof:

(a) to fix it,

(b) to reproduce any fixation of it that was made without the broadcaster’s

consent,

simultaneously with its broadcast, and

(d) in the case of a television communication signal, to perform it in a place

open to the public on payment of an entrance fee,

and to authorize any act described in paragraph (a), (b) or (d).

Conditions for copyright

(2) Subsection (1) applies only if the broadcaster

(a) at the time of the broadcast, had its headquarters in Canada, in a country

that is a WTO Member or in a Rome Convention country; and

(b) broadcasts the communication signal from that country.

Exception

(3) Notwithstanding subsection (2), if the Minister is of the opinion that a Rome

Convention country or a country that is a WTO Member does not grant the right

mentioned in paragraph (1)(d), the Minister may, by a statement published in the

Canada Gazette, declare that broadcasters that have their headquarters in that

country are not entitled to that right.

R.S., 1985, c. C-42, s. 21; 1994, c. 47, s. 59; 1997, c. 24, s. 14.

Reciprocity

22 (1) If the Minister is of the opinion that a country other than a Rome

Convention country or a WPPT country grants or has undertaken to grant

(a) to performers and to makers of sound recordings, or

(b) to broadcasters

that are Canadian citizens or permanent residents within the meaning of

subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations,

have their headquarters in Canada, as the case may be, whether by treaty,

convention, agreement or law, benefits substantially equivalent to those conferred

by this Part, the Minister may, by a statement published in the Canada Gazette,

(i) to performers and to makers of sound recordings, or

(ii) to broadcasters

as the case may be, that are citizens, subjects or permanent residents of or, if

corporations, have their headquarters in that country, and

(d) declare that that country shall, as regards those benefits, be treated as if it

were a country to which this Part extends.

Reciprocity

(2) If the Minister is of the opinion that a country other than a Rome Convention

country or a WPPT country neither grants nor has undertaken to grant

(a) to performers, and to makers of sound recordings, or

(b) to broadcasters

that are Canadian citizens or permanent residents within the meaning of

subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations,

have their headquarters in Canada, as the case may be, whether by treaty,

convention, agreement or law, benefits substantially equivalent to those conferred

by this Part, the Minister may, by a statement published in the Canada Gazette,

recordings or broadcasters that are citizens, subjects or permanent residents

of or, if corporations, have their headquarters in that country, as the case may

be, to the extent that that country grants that those benefits to performers,

makers of sound recordings or broadcasters that are Canadian citizens or

permanent residents within the meaning of subsection 2(1) of the Immigration

and Refugee Protection Act or, if corporations, have their headquarters in

Canada, and

(d) declare that that country shall, as regards those benefits, be treated as if it

were a country to which this Part extends.

Application of Act

(3) Any provision of this Act that the Minister specifies in a statement referred to

in subsection (1) or (2)

(a) applies in respect of performers, makers of sound recordings or

broadcasters covered by that statement, as if they were citizens of or, if

corporations, had their headquarters in Canada; and

(b) applies in respect of a country covered by that statement, as if that country

were Canada.

Application of Act

(4) Subject to any exceptions that the Minister may specify in a statement referred

to in subsection (1) or (2), the other provisions of this Act also apply in the way

described in subsection (3).

R.S., 1985, c. C-42, s. 22; 1994, c. 47, s. 59; 1997, c. 24, s. 14; 2001, c. 27, s. 239; 2012, c. 20,

s. 16.

Term of Rights

Term of copyright — performer’s performance

23 (1) Subject to this Act, copyright in a performer’s performance subsists until

the end of 50 years after the end of the calendar year in which the performance

occurs. However,

(a) if the performance is fixed in a sound recording before the copyright

expires, the copyright continues until the end of 50 years after the end of the

calendar year in which the first fixation of the performance in a sound

recording occurs; and

(b) if a sound recording in which the performance is fixed is published before

the copyright expires, the copyright continues until the earlier of the end of 70

years after the end of the calendar year in which the first such publication

occurs and the end of 100 years after the end of the calendar year in which

the first fixation of the performance in a sound recording occurs.

Term of copyright — sound recording

(1.1) Subject to this Act, copyright in a sound recording subsists until the end of

50 years after the end of the calendar year in which the first fixation of the sound

recording occurs. However, if the sound recording is published before the

after the end of the calendar year in which the first publication of the sound

recording occurs and the end of 100 years after the end of the calendar year in

which that first fixation occurs.

Term of copyright — communication signal

(1.2) Subject to this Act, copyright in a communication signal subsists until the

end of 50 years after the end of the calendar year in which the communication

signal is broadcast.

Term of right to remuneration

(2) The rights to remuneration conferred on performers and makers by section 19

have the same terms, respectively, as those provided by subsections (1) and

(1.1).

Application of subsections (1) to (2)

(3) Subsections (1) to (2) apply whether the fixation, performance or broadcast

occurred before or after the coming into force of this section.

Berne Convention countries, Rome Convention countries, WTO Members

(4) Where the performer’s performance, sound recording or communication signal

meets the requirements set out in section 15, 18 or 21, as the case may be, a

country that becomes a Berne Convention country, a Rome Convention country

or a WTO Member after the date of the fixation, performance or broadcast is, as

of becoming a Berne Convention country, Rome Convention country or WTO

Member, as the case may be, deemed to have been such at the date of the

fixation, performance or broadcast.

Where term of protection expired

(5) Subsection (4) does not confer any protection in Canada where the term of

protection in the country referred to in that subsection had expired before that

country became a Berne Convention country, Rome Convention country or WTO

Member, as the case may be.

R.S., 1985, c. C-42, s. 23; 1994, c. 47, s. 59; 1997, c. 24, s. 14; 2012, c. 20, s. 17; 2015, c. 36, s.

81.

Ownership of Copyright

Ownership of copyright

24 The first owner of the copyright

(a) in a performer’s performance, is the performer;

(b) in a sound recording, is the maker; or

R.S., 1985, c. C-42, s. 24; 1994, c. 47, s. 59; 1997, c. 24, s. 14.

Assignment of rights

25 Subsections 13(4) to (7) apply, with such modifications as the circumstances

require, in respect of the rights conferred by this Part on performers, makers of

sound recordings and broadcasters.

R.S., 1985, c. C-42, s. 25; 1993, c. 44, s. 62; 1994, c. 47, s. 59; 1997, c. 24, s. 14.

Performers’ Rights — WTO Countries

Performer’s performance in WTO country

26 (1) Where a performer’s performance takes place on or after January 1, 1996

in a country that is a WTO Member, the performer has, as of the date of the

performer’s performance, a copyright in the performer’s performance, consisting

of the sole right to do the following in relation to the performer’s performance or

any substantial part thereof:

(a) if it is not fixed, to communicate it to the public by telecommunication and

to fix it in a sound recording, and

(b) if it has been fixed in a sound recording without the performer’s

authorization, to reproduce the fixation or any substantial part thereof,

and to authorize any such acts.

Where country joins WTO after Jan. 1, 1996

(2) Where a performer’s performance takes place on or after January 1, 1996 in a

country that becomes a WTO Member after the date of the performer’s

performance, the performer has the copyright described in subsection (1) as of

the date the country becomes a WTO Member.

Performer’s performances before Jan. 1, 1996

(3) Where a performer’s performance takes place before January 1, 1996 in a

country that is a WTO Member, the performer has, as of January 1, 1996, the

sole right to do and to authorize the act described in paragraph (1)(b).

Where country joins WTO after Jan. 1, 1996

(4) Where a performer’s performance takes place before January 1, 1996 in a

country that becomes a WTO Member on or after January 1, 1996, the performer

has the right described in subsection (3) as of the date the country becomes a

WTO Member.

Term of performer’s rights

(5) The rights conferred by this section subsist for the remainder of the calendar

year in which the performer’s performance takes place and a period of fifty years

following the end of that calendar year.

Assignment of rights

(6) Subsections 13(4) to (7) apply, with such modifications as the circumstances

require, in respect of a performer’s rights conferred by this section.

Limitation

(7) Notwithstanding an assignment of a performer’s right conferred by this

section, the performer, as well as the assignee, may

(a) prevent the reproduction of

(i) any fixation of the performer’s performance, or

(ii) any substantial part of such a fixation,

where the fixation was made without the performer’s consent or the

assignee’s consent; and

(b) prevent the importation of any fixation of the performer’s performance, or

any reproduction of such a fixation, that the importer knows or ought to have

known was made without the performer’s consent or the assignee’s consent.

R.S., 1985, c. C-42, s. 26; R.S., 1985, c. 10 (4th Supp.), s. 17(F); 1993, c. 44, s. 63; 1994, c. 47, s.

59; 1997, c. 24, s. 14.

PART III

Infringement of Copyright and Moral Rights and Exceptions to Infringement

Infringement of Copyright

General

Infringement generally

27 (1) It is an infringement of copyright for any person to do, without the consent

of the owner of the copyright, anything that by this Act only the owner of the

Secondary infringement

(2) It is an infringement of copyright for any person to

(a) sell or rent out,

(b) distribute to such an extent as to affect prejudicially the owner of the

public,

(d) possess for the purpose of doing anything referred to in paragraphs (a) to

(c), or

(e) import into Canada for the purpose of doing anything referred to in

paragraphs (a) to (c),

a copy of a work, sound recording or fixation of a performer’s performance or of a

communication signal that the person knows or should have known infringes

who made it.

Clarification

(2.1) For greater certainty, a copy made outside Canada does not infringe

been made under a limitation or exception under this Act.

Secondary infringement — exportation

(2.11) It is an infringement of copyright for any person, for the purpose of doing

anything referred to in paragraphs (2)(a) to (c), to export or attempt to export a

copy — of a work, sound recording or fixation of a performer’s performance or of

a communication signal — that the person knows or should have known was

made without the consent of the owner of the copyright in the country where the

copy was made.

Exception

(2.12) Subsection (2.11) does not apply with respect to a copy that was made

under a limitation or exception under this Act or, if it was made outside Canada,

that would have been made under such a limitation or exception had it been

made in Canada.

Secondary infringement related to lesson

(2.2) It is an infringement of copyright for any person to do any of the following

acts with respect to anything that the person knows or should have known is a

lesson, as defined in subsection 30.01(1), or a fixation of one:

(a) to sell it or to rent it out;

(b) to distribute it to an extent that the owner of the copyright in the work or

other subject-matter that is included in the lesson is prejudicially affected;

it in public;

(d) to possess it for the purpose of doing anything referred to in any of

paragraphs (a) to (c);

(e) to communicate it by telecommunication to any person other than a person

referred to in paragraph 30.01(3)(a); or

(f) to circumvent or contravene any measure taken in conformity with

paragraph 30.01(6)(b), (c) or (d).

Infringement — provision of services

(2.3) It is an infringement of copyright for a person, by means of the Internet or

another digital network, to provide a service primarily for the purpose of enabling

acts of copyright infringement if an actual infringement of copyright occurs by

means of the Internet or another digital network as a result of the use of that

service.

Factors

(2.4) In determining whether a person has infringed copyright under subsection

(2.3), the court may consider

(a) whether the person expressly or implicitly marketed or promoted the

service as one that could be used to enable acts of copyright infringement;

(b) whether the person had knowledge that the service was used to enable a

significant number of acts of copyright infringement;

(d) the person’s ability, as part of providing the service, to limit acts of

(e) any benefits the person received as a result of enabling the acts of

(f) the economic viability of the provision of the service if it were not used to

enable acts of copyright infringement.

Knowledge of importer

(3) In determining whether there is an infringement under subsection (2) in the

case of an activity referred to in any of paragraphs (2)(a) to (d) in relation to a

copy that was imported in the circumstances referred to in paragraph (2)(e), it is

irrelevant whether the importer knew or should have known that the importation of

the copy infringed copyright.

Plates

(4) It is an infringement of copyright for any person to make or possess a plate

that has been specifically designed or adapted for the purpose of making

infringing copies of a work or other subject-matter.

Public performance for profit

(5) It is an infringement of copyright for any person, for profit, to permit a theatre

or other place of entertainment to be used for the performance in public of a work

or other subject-matter without the consent of the owner of the copyright unless

that person was not aware, and had no reasonable ground for suspecting, that

the performance would be an infringement of copyright.

R.S., 1985, c. C-42, s. 27; R.S., 1985, c. 1 (3rd Supp.), s. 13, c. 10 (4th Supp.), s. 5; 1993, c. 44, s.

64; 1997, c. 24, s. 15; 2012, c. 20, s. 18; 2014, c. 32, s. 3.

Parallel Importation of Books

Importation of books

27.1 (1) Subject to any regulations made under subsection (6), it is an

infringement of copyright in a book for any person to import the book where

(a) copies of the book were made with the consent of the owner of the

imported without the consent of the owner of the copyright in the book in

Canada; and

(b) the person knows or should have known that the book would infringe

Secondary infringement

(2) Subject to any regulations made under subsection (6), where the

circumstances described in paragraph (1)(a) exist, it is an infringement of

that the book would infringe copyright if it was made in Canada by the importer to

(a) sell or rent out the book;

(b) by way of trade, distribute, expose or offer for sale or rental, or exhibit in

public, the book; or

paragraph (a) or (b).

Limitation

(3) Subsections (1) and (2) only apply where there is an exclusive distributor of

the book and the acts described in those subsections take place in the part of

Canada or in respect of the particular sector of the market for which the person is

the exclusive distributor.

Exclusive distributor

(4) An exclusive distributor is deemed, for the purposes of entitlement to any of

the remedies under Part IV in relation to an infringement under this section, to

derive an interest in the copyright in question by licence.

Notice

(5) No exclusive distributor, copyright owner or exclusive licensee is entitled to a

remedy under Part IV in relation to an infringement under this section unless,

before the infringement occurred, notice has been given within the prescribed

time and in the prescribed manner to the person referred to in subsection (1) or

(2), as the case may be, that there is an exclusive distributor of the book.

Regulations

(6) The Governor in Council may, by regulation, establish terms and conditions

for the importation of certain categories of books, including remaindered books,

books intended solely for re-export and books imported by special order.

1997, c. 24, s. 15.

28 [Repealed, 1997, c. 24, s. 15]

28.01 [Repealed, 1997, c. 24, s. 16]

28.02 and 28.03 [Repealed, 1997, c. 24, s. 17]

Moral Rights Infringement

Infringement generally

28.1 Any act or omission that is contrary to any of the moral rights of the author of

a work or of the performer of a performer’s performance is, in the absence of the

author’s or performer’s consent, an infringement of those rights.

R.S., 1985, c. 10 (4th Supp.), s. 6; 2012, c. 20, s. 19.

Nature of right of integrity

28.2 (1) The author’s or performer’s right to the integrity of a work or performer’s

performance is infringed only if the work or the performance is, to the prejudice of

its author’s or performer’s honour or reputation,

(a) distorted, mutilated or otherwise modified; or

(b) used in association with a product, service, cause or institution.

Where prejudice deemed

(2) In the case of a painting, sculpture or engraving, the prejudice referred to in

subsection (1) shall be deemed to have occurred as a result of any distortion,

mutilation or other modification of the work.

When work not distorted, etc.

(3) For the purposes of this section,

(a) a change in the location of a work, the physical means by which a work is

exposed or the physical structure containing a work, or

(b) steps taken in good faith to restore or preserve the work

shall not, by that act alone, constitute a distortion, mutilation or other modification

of the work.

R.S., 1985, c. 10 (4th Supp.), s. 6; 2012, c. 20, s. 20.

Exceptions

Fair Dealing

Research, private study, etc.

29 Fair dealing for the purpose of research, private study, education, parody or

satire does not infringe copyright.

R.S., 1985, c. C-42, s. 29; R.S., 1985, c. 10 (4th Supp.), s. 7; 1994, c. 47, s. 61; 1997, c. 24, s.

18; 2012, c. 20, s. 21.

Criticism or review

29.1 Fair dealing for the purpose of criticism or review does not infringe copyright

if the following are mentioned:

(a) the source; and

(b) if given in the source, the name of the

(i) author, in the case of a work,

(ii) performer, in the case of a performer’s performance,

(iii) maker, in the case of a sound recording, or

(iv) broadcaster, in the case of a communication signal.

1997, c. 24, s. 18.

News reporting

29.2 Fair dealing for the purpose of news reporting does not infringe copyright if

the following are mentioned:

(a) the source; and

(b) if given in the source, the name of the

(i) author, in the case of a work,

(ii) performer, in the case of a performer’s performance,

(iii) maker, in the case of a sound recording, or

(iv) broadcaster, in the case of a communication signal.

1997, c. 24, s. 18.

Non-commercial User-generated Content

Non-commercial user-generated content

29.21 (1) It is not an infringement of copyright for an individual to use an existing

work or other subject-matter or copy of one, which has been published or

otherwise made available to the public, in the creation of a new work or other

subject-matter in which copyright subsists and for the individual — or, with the

individual’s authorization, a member of their household — to use the new work or

other subject-matter or to authorize an intermediary to disseminate it, if

(a) the use of, or the authorization to disseminate, the new work or other

subject-matter is done solely for non-commercial purposes;

(b) the source — and, if given in the source, the name of the author,

performer, maker or broadcaster — of the existing work or other subject-

matter or copy of it are mentioned, if it is reasonable in the circumstances to

do so;

other subject-matter or copy of it, as the case may be, was not infringing

(d) the use of, or the authorization to disseminate, the new work or other

subject-matter does not have a substantial adverse effect, financial or

otherwise, on the exploitation or potential exploitation of the existing work or

other subject-matter — or copy of it — or on an existing or potential market for

it, including that the new work or other subject-matter is not a substitute for the

existing one.

Definitions

(2) The following definitions apply in subsection (1).

intermediary means a person or entity who regularly provides space or means

for works or other subject-matter to be enjoyed by the public. (intermédiaire)

use means to do anything that by this Act the owner of the copyright has the sole

right to do, other than the right to authorize anything. (utiliser)

2012, c. 20, s. 22.

Reproduction for Private Purposes

Reproduction for private purposes

29.22 (1) It is not an infringement of copyright for an individual to reproduce a

work or other subject-matter or any substantial part of a work or other subject-

matter if

(a) the copy of the work or other subject-matter from which the reproduction is

made is not an infringing copy;

(b) the individual legally obtained the copy of the work or other subject-matter

from which the reproduction is made, other than by borrowing it or renting it,

and owns or is authorized to use the medium or device on which it is

reproduced;

defined in section 41, a technological protection measure, as defined in that

section, or cause one to be circumvented;

(d) the individual does not give the reproduction away; and

(e) the reproduction is used only for the individual’s private purposes.

Meaning of medium or device

(2) For the purposes of paragraph (1)(b), a medium or device includes digital

memory in which a work or subject-matter may be stored for the purpose of

allowing the telecommunication of the work or other subject-matter through the

Internet or other digital network.

Limitation — audio recording medium

(3) In the case of a work or other subject-matter that is a musical work embodied

in a sound recording, a performer’s performance of a musical work embodied in a

sound recording or a sound recording in which a musical work or a performer’s

performance of a musical work is embodied, subsection (1) does not apply if the

reproduction is made onto an audio recording medium as defined in section 79.

Limitation — destruction of reproductions

(4) Subsection (1) does not apply if the individual gives away, rents or sells the

copy of the work or other subject-matter from which the reproduction is made

without first destroying all reproductions of that copy that the individual has made

under that subsection.

2012, c. 20, s. 22.

Fixing Signals and Recording Programs for Later Listening or Viewing

Reproduction for later listening or viewing

29.23 (1) It is not an infringement of copyright for an individual to fix a

communication signal, to reproduce a work or sound recording that is being

broadcast or to fix or reproduce a performer’s performance that is being

broadcast, in order to record a program for the purpose of listening to or viewing it

later, if

(a) the individual receives the program legally;

(b) the individual, in order to record the program, did not circumvent, as

defined in section 41, a technological protection measure, as defined in that

section, or cause one to be circumvented;

(d) the individual keeps the recording no longer than is reasonably necessary

in order to listen to or view the program at a more convenient time;

(e) the individual does not give the recording away; and

(f) the recording is used only for the individual’s private purposes.

Limitation

(2) Subsection (1) does not apply if the individual receives the work, performer’s

performance or sound recording under an on-demand service.

Definitions

(3) The following definitions apply in this section.

broadcast means any transmission of a work or other subject-matter by

telecommunication for reception by the public, but does not include a

transmission that is made solely for performance in public. (radiodiffusion)

on-demand service means a service that allows a person to receive works,

performer’s performances and sound recordings at times of their choosing.

(service sur demande)

2012, c. 20, s. 22.

Backup Copies

Backup copies

29.24 (1) It is not an infringement of copyright in a work or other subject-matter for

a person who owns — or has a licence to use — a copy of the work or subject-

matter (in this section referred to as the “source copy”) to reproduce the source

copy if

(a) the person does so solely for backup purposes in case the source copy is

lost, damaged or otherwise rendered unusable;

(b) the source copy is not an infringing copy;

defined in section 41, a technological protection measure, as defined in that

section, or cause one to be circumvented; and

(d) the person does not give any of the reproductions away.

Backup copy becomes source copy

(2) If the source copy is lost, damaged or otherwise rendered unusable, one of

the reproductions made under subsection (1) becomes the source copy.

Destruction

(3) The person shall immediately destroy all reproductions made under

subsection (1) after the person ceases to own, or to have a licence to use, the

source copy.

2012, c. 20, s. 22.

Acts Undertaken without Motive of Gain

Motive of gain

29.3 (1) No action referred to in section 29.4, 29.5, 30.2 or 30.21 may be carried

out with motive of gain.

Cost recovery

(2) An educational institution, library, archive or museum, or person acting under

its authority does not have a motive of gain where it or the person acting under its

authority, does anything referred to in section 29.4, 29.5, 30.2 or 30.21 and

recovers no more than the costs, including overhead costs, associated with doing

that act.

1997, c. 24, s. 18.

Educational Institutions

Reproduction for instruction

29.4 (1) It is not an infringement of copyright for an educational institution or a

person acting under its authority for the purposes of education or training on its

premises to reproduce a work, or do any other necessary act, in order to display

it.

Reproduction for examinations, etc.

(2) It is not an infringement of copyright for an educational institution or a person

acting under its authority to

(a) reproduce, translate or perform in public on the premises of the

educational institution, or

(b) communicate by telecommunication to the public situated on the premises

of the educational institution

a work or other subject-matter as required for a test or examination.

If work commercially available

(3) Except in the case of manual reproduction, the exemption from copyright

infringement provided by subsections (1) and (2) does not apply if the work or

other subject-matter is commercially available, within the meaning of paragraph

(a) of the definition commercially available in section 2, in a medium that is

appropriate for the purposes referred to in those subsections.

1997, c. 24, s. 18; 2012, c. 20, s. 23.

Performances

29.5 It is not an infringement of copyright for an educational institution or a person

acting under its authority to do the following acts if they are done on the premises

of an educational institution for educational or training purposes and not for profit,

before an audience consisting primarily of students of the educational institution,

instructors acting under the authority of the educational institution or any person

who is directly responsible for setting a curriculum for the educational institution:

(a) the live performance in public, primarily by students of the educational

institution, of a work;

(b) the performance in public of a sound recording, or of a work or performer’s

performance that is embodied in a sound recording, as long as the sound

recording is not an infringing copy or the person responsible for the

performance has no reasonable grounds to believe that it is an infringing copy;

its communication to the public by telecommunication; and

(d) the performance in public of a cinematographic work, as long as the work

is not an infringing copy or the person responsible for the performance has no

reasonable grounds to believe that it is an infringing copy.

1997, c. 24, s. 18; 2012, c. 20, s. 24.

News and commentary

29.6 (1) It is not an infringement of copyright for an educational institution or a

person acting under its authority to

(a) make, at the time of its communication to the public by telecommunication,

a single copy of a news program or a news commentary program, excluding

documentaries, for the purposes of performing the copy for the students of the

educational institution for educational or training purposes; and

(b) perform the copy in public before an audience consisting primarily of

students of the educational institution on its premises for educational or

training purposes.

(2) [Repealed, 2012, c. 20, s. 25]

1997, c. 24, s. 18; 2012, c. 20, s. 25.

Reproduction of broadcast

29.7 (1) Subject to subsection (2) and section 29.9, it is not an infringement of

(a) make a single copy of a work or other subject-matter at the time that it is

communicated to the public by telecommunication; and

(b) keep the copy for up to thirty days to decide whether to perform the copy

for educational or training purposes.

Royalties for reproduction

(2) An educational institution that has not destroyed the copy by the expiration of

the thirty days infringes copyright in the work or other subject-matter unless it

pays any royalties, and complies with any terms and conditions, fixed under this

Act for the making of the copy.

Royalties for performance

(3) It is not an infringement of copyright for the educational institution or a person

acting under its authority to perform the copy in public for educational or training

purposes on the premises of the educational institution before an audience

consisting primarily of students of the educational institution if the educational

institution pays the royalties and complies with any terms and conditions fixed

under this Act for the performance in public.

1997, c. 24, s. 18.

Unlawful reception

29.8 The exceptions to infringement of copyright provided for under sections 29.5

to 29.7 do not apply where the communication to the public by telecommunication

was received by unlawful means.

1997, c. 24, s. 18.

Records and marking

29.9 (1) Where an educational institution or person acting under its authority

(a) [Repealed, 2012, c. 20, s. 26]

(b) makes a copy of a work or other subject-matter communicated to the

public by telecommunication and performs it pursuant to section 29.7,

the educational institution shall keep a record of the information prescribed by

regulation in relation to the making of the copy, the destruction of it or any

performance in public of it for which royalties are payable under this Act and shall,

in addition, mark the copy in the manner prescribed by regulation.

Regulations

(2) The Board may, with the approval of the Governor in Council, make

regulations

(a) prescribing the information in relation to the making, destruction,

performance and marking of copies that must be kept under subsection (1),

(b) prescribing the manner and form in which records referred to in that

subsection must be kept and copies destroyed or marked, and

the business of collecting royalties referred to in subsection 29.7(2) or (3).

1997, c. 24, s. 18; 2012, c. 20, s. 26; 2018, c. 27, s. 282.

Literary collections

30 The publication in a collection, mainly composed of non-copyright matter,

intended for the use of educational institutions, and so described in the title and in

any advertisements issued by the publisher, of short passages from published

literary works in which copyright subsists and not themselves published for the

use of educational institutions, does not infringe copyright in those published

literary works if

(a) not more than two passages from works by the same author are published

by the same publisher within five years;

(b) the source from which the passages are taken is acknowledged; and

R.S., 1985, c. C-42, s. 30; R.S., 1985, c. 10 (4th Supp.), s. 7; 1997, c. 24, s. 18.

Meaning of lesson

30.01 (1) For the purposes of this section, lesson means a lesson, test or

examination, or part of one, in which, or during the course of which, an act is

done in respect of a work or other subject-matter by an educational institution or a

person acting under its authority that would otherwise be an infringement of

Application

(2) This section does not apply so as to permit any act referred to in paragraph

(3)(a), (b) or (c) with respect to a work or other subject-matter whose use in the

lesson constitutes an infringement of copyright or for whose use in the lesson the

consent of the copyright owner is required.

Communication by telecommunication

(3) Subject to subsection (6), it is not an infringement of copyright for an

educational institution or a person acting under its authority

(a) to communicate a lesson to the public by telecommunication for

educational or training purposes, if that public consists only of students who

are enrolled in a course of which the lesson forms a part or of other persons

acting under the authority of the educational institution;

(b) to make a fixation of the lesson for the purpose of the act referred to in

paragraph (a); or

in paragraphs (a) and (b).

Participation by telecommunication

(4) A student who is enrolled in a course of which the lesson forms a part is

deemed to be a person on the premises of the educational institution when the

student participates in or receives the lesson by means of communication by

telecommunication under paragraph (3)(a).

Reproducing lessons

(5) It is not an infringement of copyright for a student who has received a lesson

by means of communication by telecommunication under paragraph (3)(a) to

reproduce the lesson in order to be able to listen to or view it at a more

convenient time. However, the student shall destroy the reproduction within 30

days after the day on which the students who are enrolled in the course to which

the lesson relates have received their final course evaluations.

Conditions

(6) The educational institution and any person acting under its authority, except a

student, shall

(a) destroy any fixation of the lesson within 30 days after the day on which the

students who are enrolled in the course to which the lesson relates have

received their final course evaluations;

(b) take measures that can reasonably be expected to limit the communication

by telecommunication of the lesson to the persons referred to in paragraph (3)

(a);

in digital form, measures that can reasonably be expected to prevent the

students from fixing, reproducing or communicating the lesson other than as

they may do under this section; and

(d) take, in relation to a communication by telecommunication in digital form,

any measure prescribed by regulation.

2012, c. 20, s. 27.

Exception — digital reproduction of works

30.02 (1) Subject to subsections (3) to (5), it is not an infringement of copyright for

an educational institution that has a reprographic reproduction licence under

which the institution is authorized to make reprographic reproductions of works in

a collective society’s repertoire for an educational or training purpose

(a) to make a digital reproduction — of the same general nature and extent as

the reprographic reproduction authorized under the licence — of a paper form

of any of those works;

(b) to communicate the digital reproduction by telecommunication for an

educational or training purpose to persons acting under the authority of the

institution; or

in paragraphs (a) and (b).

Exception

(2) Subject to subsections (3) to (5), it is not an infringement of copyright for a

person acting under the authority of the educational institution to whom the work

has been communicated under paragraph (1)(b) to print one copy of the work.

Conditions

(3) An educational institution that makes a digital reproduction of a work under

paragraph (1)(a) shall

(a) pay to the collective society, with respect to all the persons to whom the

digital reproduction is communicated by the institution under paragraph (1)(b),

the royalties that would be payable if one reprographic reproduction were

distributed by the institution to each of those persons, and comply with the

licence terms and conditions applicable to a reprographic reproduction to the

extent that they are reasonably applicable to a digital reproduction;

(b) take measures to prevent the digital reproduction from being

communicated by telecommunication to any persons who are not acting under

the authority of the institution;

communicated under paragraph (1)(b) from printing more than one copy, and

to prevent any other reproduction or communication of the digital reproduction;

and

(d) take any measure prescribed by regulation.

Restriction

(4) An educational institution may not make a digital reproduction of a work under

paragraph (1)(a) if

(a) the institution has entered into a digital reproduction agreement respecting

the work with a collective society under which the institution may make a

digital reproduction of the work, may communicate the digital reproduction by

telecommunication to persons acting under the authority of the institution and

may permit those persons to print at least one copy of the work;

(b) there is a tariff approved under section 70 that is applicable to the digital

reproduction of the work, to the communication of the digital reproduction by

telecommunication to persons acting under the authority of the institution and

to the printing by those persons of at least one copy of the work; or

to enter into reprographic agreements with respect to the work that the owner

of the copyright in the work has informed it, under subsection (5), that the

owner refuses to authorize the collective society to enter into a digital

reproduction agreement with respect to the work.

Restriction

(5) If the owner of the copyright in a work informs the collective society that is

authorized to enter into reprographic agreements with respect to the work that the

owner refuses to authorize it to enter into digital reproduction agreements with

respect to the work, the collective society shall inform the educational institutions

with which it has entered into reprographic reproduction agreements with respect

to the work that they are not permitted to make digital reproductions under

subsection (1).

Deeming provision

(6) The owner of the copyright in a work who, in respect of the work, has

authorized a collective society to enter into a reprographic reproduction

agreement with an educational institution is deemed to have authorized the

society to enter into a digital reproduction agreement with the institution —

subject to the same restrictions as a reprographic reproduction agreement —

unless the owner has refused to give this authorization under subsection (5) or

has authorized another collective society to enter into a digital reproduction

agreement with respect to the work.

Maximum amount that may be recovered

(7) In proceedings against an educational institution for making a digital

reproduction of a paper form of a work, or for communicating such a reproduction

by telecommunication for an educational or training purpose to persons acting

under the authority of the institution, the owner of the copyright in the work may

not recover an amount more than

(a) in the case where there is a digital reproduction licence that meets the

conditions described in paragraph (4)(a) in respect of the work — or, if none

exists in respect of the work, in respect of a work of the same category — the

amount of royalties that would be payable under that licence in respect of

those acts or, if there is more than one applicable licence, the greatest amount

of royalties payable under any of those licences; and

(b) in the case where there is no licence described in paragraph (a) but there

is a reprographic reproduction licence in respect of the work — or, if none

exists in respect of the work, in respect of a work of the same category — the

amount of royalties that would be payable under that licence in respect of

those acts or, if there is more than one applicable licence, the greatest amount

of royalties payable under any of those licences.

No damages

(8) The owner of the copyright in a work may not recover any damages against a

person acting under the authority of the educational institution who, in respect of

a digital reproduction of the work that is communicated to the person by

telecommunication, prints one copy of the work if, at the time of the printing, it

was reasonable for the person to believe that the communication was made in

accordance with paragraph (1)(b).

2012, c. 20, s. 27; 2018, c. 27, s. 283.

Royalties — digital reproduction agreement

30.03 (1) If an educational institution has paid royalties to a collective society for

the digital reproduction of a work under paragraph 30.02(3)(a) and afterwards the

institution enters into a digital reproduction agreement described in paragraph

30.02(4)(a) with any collective society,

(a) in the case where the institution would — under that digital reproduction

agreement — pay a greater amount of royalties for the digital reproduction of

that work than what was payable under paragraph 30.02(3)(a), the institution

shall pay to the collective society to which it paid royalties under that

paragraph the difference between

(i) the amount of royalties that the institution would have had to pay for the

digital reproduction of that work if the agreement had been entered into on

the day on which the institution first made a digital reproduction under

paragraph 30.02(1)(a), and

(ii) the amount of royalties that the institution paid to the society under

paragraph 30.02(3)(a) for the digital reproduction of that work from the day

on which that paragraph comes into force until the day on which they enter

into the digital reproduction agreement; and

(b) in the case where the institution would — under that digital reproduction

agreement — pay a lesser amount of royalties for the digital reproduction of

that work than what was payable under paragraph 30.02(3)(a), the collective

society to which the institution paid royalties under that paragraph shall pay to

the institution the difference between

(i) the amount of royalties that the institution paid to the society under

paragraph 30.02(3)(a) for the digital reproduction of that work from the day

on which that paragraph comes into force until the day on which they enter

into the digital reproduction agreement, and

(ii) the amount of royalties that the institution would have had to pay for the

digital reproduction of that work if the agreement had been entered into on

the day on which the institution first made a digital reproduction under

paragraph 30.02(1)(a).

Royalties — tariff

(2) If an educational institution has paid royalties to a collective society for the

digital reproduction of a work under paragraph 30.02(3)(a) and afterwards a tariff

applies to the digital reproduction of that work under paragraph 30.02(4)(b),

(a) in the case where the institution would — under the tariff — pay a greater

amount of royalties for the digital reproduction of that work than what was

payable under paragraph 30.02(3)(a), the institution shall pay to the collective

society to which it paid royalties under that paragraph the difference between

(i) the amount of royalties that the institution would have had to pay for the

digital reproduction of that work if the tariff had been approved on the day

on which the institution first made a digital reproduction under paragraph

30.02(1)(a), and

(ii) the amount of royalties that the institution paid to the society under

paragraph 30.02(3)(a) for the digital reproduction of that work from the day

on which that paragraph comes into force until the day on which the tariff is

approved; and

(b) in the case where the institution would — under the tariff — pay a lesser

amount of royalties for the digital reproduction of that work than what was

payable under paragraph 30.02(3)(a), the collective society to which the

institution paid royalties under that paragraph shall pay to the institution the

difference between

(i) the amount of royalties that the institution paid to the society under

paragraph 30.02(3)(a) for the digital reproduction of that work from the day

on which that paragraph comes into force until the day on which the tariff is

approved, and

(ii) the amount of royalties that the institution would have had to pay for the

digital reproduction of that work if the tariff had been approved on the day

on which the institution first made a digital reproduction under paragraph

30.02(1)(a).

2012, c. 20, s. 27; 2018, c. 27, s. 284(E).

Work available through Internet

30.04 (1) Subject to subsections (2) to (5), it is not an infringement of copyright for

an educational institution, or a person acting under the authority of one, to do any

of the following acts for educational or training purposes in respect of a work or

other subject-matter that is available through the Internet:

(a) reproduce it;

(b) communicate it to the public by telecommunication, if that public primarily

consists of students of the educational institution or other persons acting

under its authority;

educational institution or other persons acting under its authority; or

(d) do any other act that is necessary for the purpose of the acts referred to in

paragraphs (a) to (c).

Conditions

(2) Subsection (1) does not apply unless the educational institution or person

acting under its authority, in doing any of the acts described in that subsection in

respect of the work or other subject-matter, mentions the following:

(a) the source; and

(b) if given in the source, the name of

(i) the author, in the case of a work,

(ii) the performer, in the case of a performer’s performance,

(iii) the maker, in the case of a sound recording, and

(iv) the broadcaster, in the case of a communication signal.

Non-application

(3) Subsection (1) does not apply if the work or other subject-matter — or the

Internet site where it is posted — is protected by a technological protection

measure that restricts access to the work or other subject-matter or to the Internet

site.

Non-application

(4) Subsection (1) does not permit a person to do any act described in that

subsection in respect of a work or other subject-matter if

(a) that work or other subject-matter — or the Internet site where it is posted

— is protected by a technological protection measure that restricts the doing

of that act; or

(b) a clearly visible notice — and not merely the copyright symbol —

prohibiting that act is posted at the Internet site where the work or other

subject-matter is posted or on the work or other subject-matter itself.

Non-application

(5) Subsection (1) does not apply if the educational institution or person acting

under its authority knows or should have known that the work or other subject-

matter was made available through the Internet without the consent of the

Regulations

(6) The Governor in Council may make regulations for the purposes of paragraph

(4)(b) prescribing what constitutes a clearly visible notice.

2012, c. 20, s. 27.

Libraries, Archives and Museums

Management and maintenance of collection

30.1 (1) It is not an infringement of copyright for a library, archive or museum or a

person acting under the authority of a library, archive or museum to make, for the

maintenance or management of its permanent collection or the permanent

collection of another library, archive or museum, a copy of a work or other

subject-matter, whether published or unpublished, in its permanent collection

(a) if the original is rare or unpublished and is

(i) deteriorating, damaged or lost, or

(ii) at risk of deterioration or becoming damaged or lost;

(b) for the purposes of on-site consultation if the original cannot be viewed,

handled or listened to because of its condition or because of the atmospheric

conditions in which it must be kept;

under the authority of the library, archive or museum considers that the

original is currently in a format that is obsolete or is becoming obsolete, or that

the technology required to use the original is unavailable or is becoming

unavailable;

(d) for the purposes of internal record-keeping and cataloguing;

(e) for insurance purposes or police investigations; or

(f) if necessary for restoration.

Limitation

(2) Paragraphs (1)(a) to (c) do not apply where an appropriate copy is

commercially available in a medium and of a quality that is appropriate for the

purposes of subsection (1).

Destruction of intermediate copies

(3) If a person must make an intermediate copy in order to make a copy under

subsection (1), the person must destroy the intermediate copy as soon as it is no

longer needed.

Regulations

(4) The Governor in Council may make regulations with respect to the procedure

for making copies under subsection (1).

1997, c. 24, s. 18; 1999, c. 31, s. 59(E); 2012, c. 20, s. 28.

Research or private study

30.2 (1) It is not an infringement of copyright for a library, archive or museum or a

person acting under its authority to do anything on behalf of any person that the

person may do personally under section 29 or 29.1.

Copies of articles for research, etc.

(2) It is not an infringement of copyright for a library, archive or museum or a

person acting under the authority of a library, archive or museum to make, by

reprographic reproduction, for any person requesting to use the copy for research

or private study, a copy of a work that is, or that is contained in, an article

published in

(a) a scholarly, scientific or technical periodical; or

(b) a newspaper or periodical, other than a scholarly, scientific or technical

periodical, if the newspaper or periodical was published more than one year

before the copy is made.

Restriction

(3) Paragraph (2)(b) does not apply in respect of a work of fiction or poetry or a

dramatic or musical work.

Conditions

(4) A library, archive or museum may provide the person for whom the copy is

made under subsection (2) with the copy only on the condition that

(a) the person is provided with a single copy of the work; and

(b) the library, archive or museum informs the person that the copy is to be

used solely for research or private study and that any use of the copy for a

purpose other than research or private study may require the authorization of

the copyright owner of the work in question.

Patrons of other libraries, etc.

(5) Subject to subsection (5.02), a library, archive or museum, or a person acting

under the authority of one, may do, on behalf of a patron of another library,

archive or museum, anything under subsection (1) or (2) that it is authorized by

this section to do on behalf of one of its own patrons.

Deeming

(5.01) For the purpose of subsection (5), the making of a copy of a work other

than by reprographic reproduction is deemed to be a making of a copy of the

work that may be done under subsection (2).

Limitation regarding copies in digital form

(5.02) A library, archive or museum, or a person acting under the authority of one,

may, under subsection (5), provide a copy in digital form to a person who has

requested it through another library, archive or museum if the providing library,

archive or museum or person takes measures to prevent the person who has

requested it from

(a) making any reproduction of the digital copy, including any paper copies,

other than printing one copy of it;

(b) communicating the digital copy to any other person; and

which the person first uses it.

Destruction of intermediate copies

(5.1) Where an intermediate copy is made in order to copy a work referred to in

subsection (5), once the copy is given to the patron, the intermediate copy must

be destroyed.

Regulations

(6) The Governor in Council may, for the purposes of this section, make

regulations

(a) defining “newspaper” and “periodical”;

(b) defining scholarly, scientific and technical periodicals;

subsection (1) or (5) and the manner and form in which the information is to

be kept; and

(d) prescribing the manner and form in which the conditions set out in

subsection (4) are to be met.

1997, c. 24, s. 18; 2012, c. 20, s. 29.

Copying works deposited in archive

30.21 (1) Subject to subsections (3) and (3.1), it is not an infringement of

research or private study, a copy of an unpublished work that is deposited in the

archive and provide the person with it.

Notice

(2) When a person deposits a work in an archive, the archive must give the

person notice that it may copy the work in accordance with this section.

Conditions for copying of works

(3) The archive may copy the work only on the condition that

(a) the person who deposited the work, if a copyright owner, did not, at the

time the work was deposited, prohibit its copying; and

(b) copying has not been prohibited by any other owner of copyright in the

work.

Condition for providing copy

(3.1) The archive may provide the person for whom a copy is made under

subsection (1) with the copy only on the condition that

(a) the person is provided with a single copy of the work; and

(b) the archive informs the person that the copy is to be used solely for

research or private study and that any use of the copy for a purpose other

than research or private study may require the authorization of the copyright

owner of the work in question.

Regulations

(4) The Governor in Council may prescribe by regulation the manner and form in

which the conditions set out in subsections (3) and (3.1) may be met.

(5) to (7) [Repealed, 2004, c. 11, s. 21]

1997, c. 24, s. 18; 1999, c. 31, s. 60(E); 2004, c. 11, s. 21; 2012, c. 20, s. 30.

Machines Installed in Educational Institutions, Libraries, Archives and Museums

No infringement by educational institution, etc.

30.3 (1) An educational institution or a library, archive or museum does not

infringe copyright where

(a) a copy of a work is made using a machine for the making, by reprographic

reproduction, of copies of works in printed form;

(b) the machine is installed by or with the approval of the educational

institution, library, archive or museum on its premises for use by students,

instructors or staff at the educational institution or by persons using the library,

archive or museum; and

infringement of copyright.

Application

(2) Subsection (1) only applies if, in respect of a reprographic reproduction,

(a) the educational institution, library, archive or museum has entered into an

agreement with a collective society that is authorized by copyright owners to

grant licences on their behalf;

(b) the Board has, in accordance with subsection 71(2), fixed the royalty rates

and related terms and conditions;

(d) a collective society has filed a proposed tariff in accordance with section

68.

Order

(3) Where a collective society offers to negotiate or has begun to negotiate an

agreement referred to in paragraph (2)(a), the Board may, at the request of either

party, order that the educational institution, library, archive or museum be treated

as an institution to which subsection (1) applies, during the period specified in the

order.

Agreement with copyright owner

(4) Where an educational institution, library, archive or museum has entered into

an agreement with a copyright owner other than a collective society respecting

reprographic reproduction, subsection (1) applies only in respect of the works of

the copyright owner that are covered by the agreement.

Regulations

(5) The Governor in Council may, for the purposes of paragraph 1(c), prescribe

by regulation the manner of affixing and location of notices and the dimensions,

form and contents of notices.

1997, c. 24, s. 18; 2018, c. 27, s. 285.

Libraries, Archives and Museums in Educational Institutions

Application to libraries, etc. within educational institutions

30.4 For greater certainty, the exceptions to infringement of copyright provided for

under sections 29.4 to 30.3 and 45 also apply in respect of a library, archive or

museum that forms part of an educational institution.

1997, c. 24, s. 18.

Library and Archives of Canada

Permitted acts

30.5 It is not an infringement of copyright for the Librarian and Archivist of

Canada under the Library and Archives of Canada Act, to

(a) make a copy of a work or other subject-matter in taking a representative

sample for the purpose of preservation under subsection 8(2) of that Act;

(b) effect the fixation of a copy of a publication, as defined in section 2 of that

Act, that is provided by telecommunication in accordance with subsection 10

(1) of that Act;

the purposes of section 11 of that Act; or

(d) at the time that a broadcasting undertaking, as defined in subsection 2(1)

of the Broadcasting Act, communicates a work or other subject-matter to the

public by telecommunication, make a copy of the work or other subject-matter

that is included in that communication.

1997, c. 24, s. 18; 2004, c. 11, s. 25.

Computer Programs

Permitted acts

30.6 It is not an infringement of copyright in a computer program for a person who

owns a copy of the computer program that is authorized by the owner of the

(a) reproduce the copy by adapting, modifying or converting it, or translating it

into another computer language, if the person proves that the reproduced

copy

(i) is essential for the compatibility of the computer program with a

particular computer,

(ii) is solely for the person’s own use, and

(iii) was destroyed immediately after the person ceased to be the owner of

the copy of the computer program or to have a licence to use it; or

(b) reproduce for backup purposes the copy or a reproduced copy referred to

in paragraph (a) if the person proves that the reproduction for backup

purposes was destroyed immediately after the person ceased to be the owner

of the copy of the computer program or to have a licence to use it.

1997, c. 24, s. 18; 2012, c. 20, s. 31.

Interoperability of computer programs

30.61 (1) It is not an infringement of copyright in a computer program for a person

who owns a copy of the computer program that is authorized by the owner of the

the copy if

(a) they reproduce the copy for the sole purpose of obtaining information that

would allow the person to make the program and another computer program

interoperable; and

(b) they do not use or disclose that information, except as necessary to make

the program and another computer program interoperable or to assess that

interoperability.

No limitation

(2) In the case where that information is used or disclosed as necessary to make

another computer program interoperable with the program, subsection (1) applies

even if the other computer program incorporates the information and is then sold,

rented or otherwise distributed.

2012, c. 20, s. 31.

Encryption Research

Encryption research

30.62 (1) Subject to subsections (2) and (3), it is not an infringement of copyright

for a person to reproduce a work or other subject-matter for the purposes of

encryption research if

(a) it would not be practical to carry out the research without making the copy;

(b) the person has lawfully obtained the work or other subject-matter; and

subject-matter.

Limitation

(2) Subsection (1) does not apply if the person uses or discloses information

obtained through the research to commit an act that is an offence under the

Criminal Code.

Limitation — computer program

(3) Subsection (1) applies with respect to a computer program only if, in the event

that the research reveals a vulnerability or a security flaw in the program and the

person intends to make the vulnerability or security flaw public, the person gives

adequate notice of the vulnerability or security flaw and of their intention to the

owner of copyright in the program. However, the person need not give that

adequate notice if, in the circumstances, the public interest in having the

vulnerability or security flaw made public without adequate notice outweighs the

owner’s interest in receiving that notice.

2012, c. 20, s. 31.

Security

30.63 (1) Subject to subsections (2) and (3), it is not an infringement of copyright

for a person to reproduce a work or other subject-matter for the sole purpose,

with the consent of the owner or administrator of a computer, computer system or

computer network, of assessing the vulnerability of the computer, system or

network or of correcting any security flaws.

Limitation

(2) Subsection (1) does not apply if the person uses or discloses information

obtained through the assessment or correction to commit an act that is an offence

under the Criminal Code.

Limitation — computer program

(3) Subsection (1) applies with respect to a computer program only if, in the event

that the assessment or correction reveals a vulnerability or a security flaw in the

program and the person intends to make the vulnerability or security flaw public,

the person gives adequate notice of the vulnerability or security flaw and of their

intention to the owner of copyright in the program. However, the person need not

give that adequate notice if, in the circumstances, the public interest in having the

vulnerability or security flaw made public without adequate notice outweighs the

owner’s interest in receiving that notice.

2012, c. 20, s. 31.

Incidental Inclusion

Incidental use

30.7 It is not an infringement of copyright to incidentally and not deliberately

(a) include a work or other subject-matter in another work or other subject-

matter; or

(b) do any act in relation to a work or other subject-matter that is incidentally

and not deliberately included in another work or other subject-matter.

1997, c. 24, s. 18.

Temporary Reproductions for Technological Processes

Temporary reproductions

30.71 It is not an infringement of copyright to make a reproduction of a work or

other subject-matter if

(a) the reproduction forms an essential part of a technological process;

(b) the reproduction’s only purpose is to facilitate a use that is not an

infringement of copyright; and

2012, c. 20, s. 32.

Ephemeral Recordings

Ephemeral recordings

30.8 (1) It is not an infringement of copyright for a programming undertaking to fix

or reproduce in accordance with this section a performer’s performance or work,

other than a cinematographic work, that is performed live or a sound recording

that is performed at the same time as the performer’s performance or work, if the

undertaking

(a) is authorized to communicate the performer’s performance, work or sound

recording to the public by telecommunication;

(b) makes the fixation or the reproduction itself, for its own broadcasts;

recording, performer’s performance or work; and

(d) does not cause the fixation or reproduction to be used in an advertisement

intended to sell or promote, as the case may be, a product, service, cause or

institution.

Record keeping

(2) The programming undertaking must record the dates of the making and

destruction of all fixations and reproductions and any other prescribed information

about the fixation or reproduction, and keep the record current.

Right of access by copyright owners

(3) The programming undertaking must make the record referred to in subsection

(2) available to owners of copyright in the works, sound recordings or performer’s

performances, or their representatives, within twenty-four hours after receiving a

request.

Destruction

(4) The programming undertaking must destroy the fixation or reproduction within

thirty days after making it, unless

(a) the copyright owner authorizes its retention; or

(b) it is deposited in an archive, in accordance with subsection (6).

Royalties

(5) Where the copyright owner authorizes the fixation or reproduction to be

retained after the thirty days, the programming undertaking must pay any

applicable royalty.

Archive

(6) Where the programming undertaking considers a fixation or reproduction to be

of an exceptional documentary character, the undertaking may, with the consent

of an official archive, deposit it in the official archive and must notify the copyright

owner, within thirty days, of the deposit of the fixation or reproduction.

Definition of official archive

(7) In subsection (6), official archive means the Library and Archives of Canada

or any archive established under the law of a province for the preservation of the

official archives of the province.

Application

(8) This section does not apply where a licence is available from a collective

society to make the fixation or reproduction of the performer’s performance, work

or sound recording.

Telecommunications by networks

(9) A broadcasting undertaking, as defined in the Broadcasting Act, may make a

single reproduction of a fixation or reproduction made by a programming

undertaking and communicate it to the public by telecommunication, within the

period referred to in subsection (4), if the broadcasting undertaking meets the

conditions set out in subsection (1) and is part of a prescribed network that

includes the programming undertaking.

Limitations

(10) The reproduction and communication to the public by telecommunication

must be made

(a) in accordance with subsections (2) to (6); and

(b) within thirty days after the day on which the programming undertaking

made the fixation or reproduction.

Definition of programming undertaking

(11) In this section, programming undertaking means

(a) a programming undertaking as defined in subsection 2(1) of the

Broadcasting Act;

(b) a programming undertaking described in paragraph (a) that originates

programs within a network, as defined in subsection 2(1) of the Broadcasting

Act; or

Act, in respect of the programs that it originates.

The undertaking must hold a broadcasting licence issued by the Canadian Radio-

television and Telecommunications Commission under the Broadcasting Act, or

be exempted from this requirement by the Canadian Radio-television and

Telecommunications Commission.

1997, c. 24, s. 18; 2004, c. 11, s. 26; 2012, c. 20, s. 33.

Ephemeral recordings — broadcasting undertaking

30.9 (1) It is not an infringement of copyright for a broadcasting undertaking to

reproduce in accordance with this section a sound recording, or a performer’s

performance or work that is embodied in a sound recording, solely for the

purpose of their broadcasting, if the undertaking

(a) owns the copy of the sound recording, performer’s performance or work

and that copy is authorized by the owner of the copyright, or has a licence to

use the copy;

(b) is authorized to communicate the sound recording, performer’s

performance or work to the public by telecommunication;

(d) does not synchronize the reproduction with all or part of another recording,

performer’s performance or work; and

(e) does not cause the reproduction to be used in an advertisement intended

to sell or promote, as the case may be, a product, service, cause or institution.

Record keeping

(2) The broadcasting undertaking must record the dates of the making and

destruction of all reproductions and any other prescribed information about the

reproduction, and keep the record current.

Right of access by copyright owners

(3) The broadcasting undertaking must make the record referred to in subsection

(2) available to owners of copyright in the sound recordings, performer’s

performances or works, or their representatives, within twenty-four hours after

receiving a request.

Destruction

(4) The broadcasting undertaking must destroy the reproduction when it no longer

possesses the sound recording, or performer’s performance or work embodied in

the sound recording, or its licence to use the sound recording, performer’s

performance or work expires, or at the latest within 30 days after making the

reproduction, unless the copyright owner authorizes the reproduction to be

retained.

Royalty

(5) If the copyright owner authorizes the reproduction to be retained, the

broadcasting undertaking must pay any applicable royalty.

(6) [Repealed, 2012, c. 20, s. 34]

Definition of broadcasting undertaking

(7) In this section, broadcasting undertaking means a broadcasting undertaking

as defined in subsection 2(1) of the Broadcasting Act that holds a broadcasting

licence issued by the Canadian Radio-television and Telecommunications

Commission under that Act.

1997, c. 24, s. 18; 2012, c. 20, s. 34.

Retransmission

Interpretation

31 (1) In this section,

new media retransmitter means a person whose retransmission is lawful under

the Broadcasting Act only by reason of the Exemption Order for New Media

Broadcasting Undertakings issued by the Canadian Radio-television and

Telecommunications Commission as Appendix A to Public Notice CRTC 1999-

197, as amended from time to time; (retransmetteur de nouveaux médias)

retransmitter means a person who performs a function comparable to that of a

cable retransmission system, but does not include a new media retransmitter;

(retransmetteur)

signal means a signal that carries a literary, dramatic, musical or artistic work

and is transmitted for free reception by the public by a terrestrial radio or

terrestrial television station. (signal)

Retransmission of local and distant signals

(2) It is not an infringement of copyright for a retransmitter to communicate to the

public by telecommunication any literary, dramatic, musical or artistic work if

(a) the communication is a retransmission of a local or distant signal;

(b) the retransmission is lawful under the Broadcasting Act;

otherwise required or permitted by or under the laws of Canada;

(d) in the case of the retransmission of a distant signal, the retransmitter has

paid any royalties, and complied with any terms and conditions, fixed under

this Act; and

(e) the retransmitter complies with the applicable conditions, if any, referred to

in paragraph (3)(b).

Regulations

(3) The Governor in Council may make regulations

(a) defining “local signal” and “distant signal” for the purposes of subsection

(2); and

(b) prescribing conditions for the purposes of paragraph (2)(e), and specifying

whether any such condition applies to all retransmitters or only to a class of

retransmitter.

R.S., 1985, c. C-42, s. 31; R.S., 1985, c. 10 (4th Supp.), s. 7; 1988, c. 65, s. 63; 1997, c. 24, ss.

16, 52(F); 2002, c. 26, s. 2.

Network Services

Network services

31.1 (1) A person who, in providing services related to the operation of the

Internet or another digital network, provides any means for the telecommunication

or the reproduction of a work or other subject-matter through the Internet or that

other network does not, solely by reason of providing those means, infringe

Incidental acts

(2) Subject to subsection (3), a person referred to in subsection (1) who caches

the work or other subject-matter, or does any similar act in relation to it, to make

the telecommunication more efficient does not, by virtue of that act alone, infringe

Conditions for application

(3) Subsection (2) does not apply unless the person, in respect of the work or

other subject-matter,

(a) does not modify it, other than for technical reasons;

(b) ensures that any directions related to its caching or the doing of any similar

act, as the case may be, that are specified in a manner consistent with

industry practice by whoever made it available for telecommunication through

the Internet or another digital network, and that lend themselves to automated

reading and execution, are read and executed; and

with industry practice in order to obtain data on the use of the work or other

subject-matter.

Hosting

(4) Subject to subsection (5), a person who, for the purpose of allowing the

telecommunication of a work or other subject-matter through the Internet or

another digital network, provides digital memory in which another person stores

the work or other subject-matter does not, by virtue of that act alone, infringe

Condition for application

(5) Subsection (4) does not apply in respect of a work or other subject-matter if

the person providing the digital memory knows of a decision of a court of

competent jurisdiction to the effect that the person who has stored the work or

other subject-matter in the digital memory infringes copyright by making the copy

of the work or other subject-matter that is stored or by the way in which he or she

uses the work or other subject-matter.

Exception

(6) Subsections (1), (2) and (4) do not apply in relation to an act that constitutes

an infringement of copyright under subsection 27(2.3).

2012, c. 20, s. 35.

Persons with Perceptual Disabilities

Reproduction in alternate format

32 (1) It is not an infringement of copyright for a person with a perceptual

disability, for a person acting at the request of such a person or for a non-profit

organization acting for the benefit of such a person to

(a) reproduce a literary, musical, artistic or dramatic work, other than a

cinematographic work, in a format specially designed for persons with a

perceptual disability;

(a.1) fix a performer’s performance of a literary, musical, artistic or dramatic

work, other than a cinematographic work, in a format specially designed for

persons with a perceptual disability;

(a.2) reproduce a sound recording, or a fixation of a performer’s performance

referred to in paragraph (a.1), in a format specially designed for persons with

a perceptual disability;

(b) translate, adapt or reproduce in sign language a literary or dramatic work,

other than a cinematographic work, in a format specially designed for persons

with a perceptual disability;

(b.1) provide a person with a perceptual disability with, or provide such a

person with access to, a work or other subject-matter to which any of

paragraphs (a) to (b) applies, in a format specially designed for persons with a

perceptual disability, and do any other act that is necessary for that purpose;

work, in sign language, either live or in a format specially designed for persons

with a perceptual disability.

Limitation

(2) Subsection (1) does not apply if the work or other subject-matter is

commercially available, within the meaning of paragraph (a) of the definition

commercially available in section 2, in a format specially designed to meet the

needs of the person with a perceptual disability referred to in that subsection.

(3) [Repealed, 2016, c. 4, s. 1]

R.S., 1985, c. C-42, s. 32; R.S., 1985, c. 10 (4th Supp.), s. 7; 1997, c. 24, s. 19; 2012, c. 20, s.

36; 2016, c. 4, s. 1.

Print disability — outside Canada

32.01 (1) Subject to this section, it is not an infringement of copyright for a non-

profit organization acting for the benefit of persons with a print disability to do any

of the following:

(a) for the purpose of doing any of the acts set out in paragraph (b),

(i) reproduce a literary, musical, artistic or dramatic work, other than a

cinematographic work, in a format specially designed for persons with a

print disability,

(ii) fix a performer’s performance of a literary, musical, artistic or dramatic

work, other than a cinematographic work, in a format specially designed for

persons with a print disability, or

(iii) reproduce a sound recording, or a fixation of a performer’s

performance referred to in subparagraph (ii), in a format specially designed

for persons with a print disability;

(b) provide either of the following with, or provide either of the following with

access to, a work or other subject-matter to which any of subparagraphs (a)(i)

to (iii) applies, in a format specially designed for persons with a print disability,

and do any other act that is necessary for that purpose:

(i) a non-profit organization, in a country other than Canada, acting for the

benefit of persons with a print disability in that country, or

(ii) a person with a print disability, in a country other than Canada, who has

made a request to be provided with, or provided with access to, the work

or other subject-matter through a non-profit organization acting for the

benefit of persons with a print disability in that country.

Available in other country

(2) Paragraph (1)(b) does not apply if the work or other subject-matter, in the

format specially designed for persons with a print disability, is available in the

other country within a reasonable time and for a reasonable price and may be

located in that country with reasonable effort.

Marrakesh Treaty country

(3) An injunction is the only remedy that the owner of the copyright in the work or

other subject-matter has against a non-profit organization relying on the exception

set out in paragraph (1)(b) if

(a) the other country referred to in that paragraph is a Marrakesh Treaty

country; and

(b) the non-profit organization infringes copyright by reason only that the work

or other subject-matter, in the format described in subsection (2), is available,

and may be located, as described in that subsection.

The owner of the copyright bears the burden of demonstrating that the work or

other subject-matter, in the format described in subsection (2), is available, and

may be located, as described in that subsection.

Not Marrakesh Treaty country

(3.1) An injunction is the only remedy that the owner of the copyright in the work

or other subject-matter has against a non-profit organization relying on the

exception set out in paragraph (1)(b) if

(a) the other country referred to in that paragraph is not a Marrakesh Treaty

country;

(b) the non-profit organization infringes copyright by reason only that the work

or other subject-matter, in the format described in subsection (2), is available,

and may be located, as described in that subsection; and

believe that the work or other subject-matter, in the format described in

subsection (2), was not available, and could not be located, as described in

that subsection.

Royalty

(4) A non-profit organization relying on the exception set out in subsection (1)

shall pay, in accordance with the regulations, any royalty established under the

regulations to the copyright owner.

If copyright owner cannot be located

(5) If the organization cannot locate the copyright owner, despite making

reasonable efforts to do so, the organization shall pay, in accordance with the

regulations, any royalty established under the regulations to a collective society.

Reports

(6) A non-profit organization relying on the exception set out in subsection (1)

shall submit reports to an authority, in accordance with the regulations, on the

organization’s activities under this section.

Regulations

(7) The Governor in Council may make regulations

(a) requiring that, before a non-profit organization provides, or provides

access to, a work or other subject-matter under paragraph (1)(b), the

organization enter into a contract with respect to the use of the work or other

subject-matter with, as the case may be, the recipient non-profit organization

or the non-profit organization through which the request was made;

(b) respecting the form and content of such contracts;

(d) respecting to which collective society a royalty is payable in relation to

works or other subject-matter, or classes of works or other subject-matter, for

the purposes of subsection (5);

(e) respecting what constitutes reasonable efforts for the purposes of

subsection (5); and

(f) respecting the reports to be made, and the authorities to which the reports

are to be submitted, under subsection (6).

Definitions

(8) The following definitions apply in this section.

Marrakesh Treaty country means a country that is a party to the Marrakesh

Treaty to Facilitate Access to Published Works for Persons Who Are Blind,

Visually Impaired, or Otherwise Print Disabled, done at Marrakesh on June 27,

2013. (pays partie au Traité de Marrakech)

print disability means a disability that prevents or inhibits a person from reading

a literary, musical, artistic or dramatic work in its original format and includes such

a disability resulting from

(a) severe or total impairment of sight or the inability to focus or move one’s

eyes;

(b) the inability to hold or manipulate a book; or

imprimés)

2012, c. 20, s. 37; 2016, c. 4, s. 2.

Definition of non-profit organization

32.02 In sections 32 and 32.01, non-profit organization includes a department,

agency or other portion of any order of government, including a municipal or local

government, when it is acting on a non-profit basis.

2016, c. 4, s. 3.

Statutory Obligations

No infringement

32.1 (1) It is not an infringement of copyright for any person

(a) to disclose, pursuant to the Access to Information Act, a record within the

meaning of that Act, or to disclose, pursuant to any like Act of the legislature

of a province, like material;

(b) to disclose, pursuant to the Privacy Act, personal information within the

meaning of that Act, or to disclose, pursuant to any like Act of the legislature

of a province, like information;

Property Export and Import Act, for deposit in an institution pursuant to a

direction under that section; and

(d) to make a fixation or copy of a work or other subject-matter in order to

comply with the Broadcasting Act or any rule, regulation or other instrument

made under it.

Limitation

(2) Nothing in paragraph (1)(a) or (b) authorizes a person to whom a record or

information is disclosed to do anything that, by this Act, only the owner of the

be, has a right to do.

Destruction of fixation or copy

(3) Unless the Broadcasting Act otherwise provides, a person who makes a

fixation or copy under paragraph (1)(d) shall destroy it immediately on the

expiration of the period for which it must be kept pursuant to that Act, rule,

regulation or other instrument.

1997, c. 24, s. 19.

Miscellaneous

Permitted acts

32.2 (1) It is not an infringement of copyright

(a) for an author of an artistic work who is not the owner of the copyright in the

work to use any mould, cast, sketch, plan, model or study made by the author

for the purpose of the work, if the author does not thereby repeat or imitate the

main design of the work;

(b) for any person to reproduce, in a painting, drawing, engraving, photograph

or cinematographic work

(i) an architectural work, provided the copy is not in the nature of an

architectural drawing or plan, or

(ii) a sculpture or work of artistic craftsmanship or a cast or model of a

sculpture or work of artistic craftsmanship, that is permanently situated in a

public place or building;

news summary, a report of a lecture given in public, unless the report is

prohibited by conspicuous written or printed notice affixed before and

maintained during the lecture at or about the main entrance of the building in

which the lecture is given, and, except while the building is being used for

public worship, in a position near the lecturer;

(d) for any person to read or recite in public a reasonable extract from a

published work;

(e) for any person to make or publish, for the purposes of news reporting or

news summary, a report of an address of a political nature given at a public

meeting; or

(f) for an individual to use for private or non-commercial purposes, or permit

the use of for those purposes, a photograph or portrait that was commissioned

by the individual for personal purposes and made for valuable consideration,

unless the individual and the owner of the copyright in the photograph or

portrait have agreed otherwise.

Further permitted acts

(2) It is not an infringement of copyright for a person to do any of the following

acts without motive of gain at any agricultural or agricultural-industrial exhibition

or fair that receives a grant from or is held by its directors under federal, provincial

or municipal authority:

(a) the live performance in public of a musical work;

(b) the performance in public of a sound recording embodying a musical work

or a performer’s performance of a musical work; or

(i) the live performance in public of a musical work, or

(ii) a sound recording embodying a musical work or a performer’s

performance of a musical work.

Further permitted acts

(3) No religious organization or institution, educational institution and no

charitable or fraternal organization shall be held liable to pay any compensation

for doing any of the following acts in furtherance of a religious, educational or

charitable object:

(a) the live performance in public of a musical work;

(b) the performance in public of a sound recording embodying a musical work

or a performer’s performance of a musical work; or

(i) the live performance in public of a musical work, or

(ii) a sound recording embodying a musical work or a performer’s

performance of a musical work.

1997, c. 24, s. 19; 2012, c. 20, s. 38.

Interpretation

No right to equitable remuneration

32.3 For the purposes of sections 29 to 32.2, an act that does not infringe

1997, c. 24, s. 19.

Compensation for Acts Done Before Recognition of Copyright of Performers and Broadcasters

Certain rights and interests protected

32.4 (1) Notwithstanding section 27, where a person has, before the later of

January 1, 1996 and the day on which a country becomes a WTO member,

incurred an expenditure or liability in connection with, or in preparation for, the

doing of an act that would have infringed copyright under section 26 commencing

on the later of those days, had that country been a WTO member, any right or

interest of that person that

(a) arises from or in connection with the doing of that act, and

(b) is subsisting and valuable on the later of those days

is not prejudiced or diminished by reason only that that country has become a

WTO member, except as provided by an order of the Board made under

subsection 78(3).

Compensation

(2) Notwithstanding subsection (1), a person’s right or interest that is protected by

that subsection terminates if and when the owner of the copyright pays that

person such compensation as is agreed to between the parties or, failing

agreement, as is determined by the Board in accordance with section 78.

Limitation

(3) Nothing in subsections (1) and (2) affects any right of a performer available in

law or equity.

1997, c. 24, s. 19.

Certain rights and interests protected

32.5 (1) Notwithstanding section 27, where a person has, before the later of the

coming into force of Part II and the day on which a country becomes a Rome

Convention country, incurred an expenditure or liability in connection with, or in

preparation for, the doing of an act that would have infringed copyright under

section 15 or 21 commencing on the later of those days, had Part II been in force

or had that country been a Rome Convention country, any right or interest of that

person that

(a) arises from or in connection with the doing of that act, and

(b) is subsisting and valuable on the later of those days

is not prejudiced or diminished by reason only that Part II has come into force or

that the country has become a Rome Convention country, except as provided by

an order of the Board made under subsection 78(3).

Compensation

(2) Notwithstanding subsection (1), a person’s right or interest that is protected by

that subsection terminates if and when the owner of the copyright pays that

person such compensation as is agreed to between the parties or, failing

agreement, as is determined by the Board in accordance with section 78.

Limitation

(3) Nothing in subsections (1) and (2) affects any right of a performer available in

law or equity.

1997, c. 24, s. 19.

Certain rights and interests protected

32.6 Despite sections 27, 28.1 and 28.2, if a person has, before the day on which

subsection 15(1.1), 17.1(1) or 18(1.1) applies in respect of a particular

performers’ performance or sound recording, incurred an expenditure or a liability

in connection with, or in preparation for, the doing of an act that would, if done

after that day, have infringed rights under that subsection, any right or interest of

that person that arises from, or in connection with, the doing of that act and that is

subsisting and valuable on that day is not, for two years after the day on which

this section comes into force, prejudiced or diminished by reason only of the

subsequent application of that subsection in respect of the performers’

performance or sound recording.

2012, c. 20, s. 39.

Compensation for Acts Done Before Recognition of Copyright or Moral Rights

Certain rights and interests protected

33 (1) Despite subsections 27(1), (2) and (4) and sections 27.1, 28.1 and 28.2, if

a person has, before the later of January 1, 1996 and the day on which a country

becomes a treaty country other than a WCT country, incurred an expenditure or

liability in connection with, or in preparation for, the doing of an act that, if that

country had been such a treaty country, would have infringed copyright in a work

or moral rights in respect of a work, any right or interest of that person that arises

from, or in connection with, the doing of that act and that is subsisting and

valuable on the later of those days is not, except as provided by an order of the

Board made under subsection 78(3), prejudiced or diminished by reason only of

that country having become such a treaty country.

Compensation

(2) Notwithstanding subsection (1), a person’s right or interest that is protected by

that subsection terminates, as against the copyright owner or author, if and when

that copyright owner or the author, as the case may be, pays that person such

compensation as is agreed to between the parties or, failing agreement, as is

determined by the Board in accordance with section 78.

R.S., 1985, c. C-42, s. 33; R.S., 1985, c. 10 (4th Supp.), s. 7; 1997, c. 24, s. 19; 2012, c. 20, s.

40.

Certain rights and interests protected

33.1 (1) Despite subsections 27(1), (2) and (4) and sections 27.1, 28.1 and 28.2,

if a person has, before the later of the day on which this section comes into force

and the day on which a country that is a treaty country but not a WCT country

becomes a WCT country, incurred an expenditure or liability in connection with, or

in preparation for, the doing of an act that, if that country had been a WCT

country, would have infringed a right under paragraph 3(1)(j), any right or interest

of that person that arises from, or in connection with, the doing of that act and that

is subsisting and valuable on the later of those days is not, except as provided by

an order of the Board made under subsection 78(3), prejudiced or diminished by

reason only of that country having become a WCT country.

Compensation

(2) Despite subsection (1), a person’s right or interest that is protected by that

subsection terminates as against the copyright owner if and when the owner pays

the person any compensation that is agreed to between the parties or, failing

agreement, that is determined by the Board in accordance with section 78.

2012, c. 20, s. 41.

Certain rights and interests protected

33.2 (1) Despite subsections 27(1), (2) and (4) and sections 27.1, 28.1 and 28.2,

if a person has, before the later of the day on which this section comes into force

and the day on which a country that is not a treaty country becomes a WCT

country, incurred an expenditure or a liability in connection with, or in preparation

for, the doing of an act that, if that country had been a WCT country, would have

infringed copyright in a work or moral rights in respect of a work, any right or

interest of that person that arises from, or in connection with, the doing of that act

and that is subsisting and valuable on the later of those days is not, except as

provided by an order of the Board made under subsection 78(3), prejudiced or

diminished by reason only of that country having become a WCT country.

Compensation

(2) Despite subsection (1), a person’s right or interest that is protected by that

subsection terminates as against the copyright owner if and when that owner

pays the person any compensation that is agreed to between the parties or,

failing agreement, that is determined by the Board in accordance with section 78.

2012, c. 20, s. 41.

PART IV

Remedies

Civil Remedies

Infringement of Copyright and Moral Rights

34 (1) Where copyright has been infringed, the owner of the copyright is, subject

to this Act, entitled to all remedies by way of injunction, damages, accounts,

delivery up and otherwise that are or may be conferred by law for the

infringement of a right.

Moral rights

(2) In any proceedings for an infringement of moral rights, the court may grant to

the holder of those rights all remedies by way of injunction, damages, accounts,

delivery up and otherwise that are or may be conferred by law for the

infringement of a right.

Costs

(3) The costs of all parties in any proceedings in respect of the infringement of a

right conferred by this Act shall be in the discretion of the court.

Summary proceedings

(4) The following proceedings may be commenced or proceeded with by way of

application or action and shall, in the case of an application, be heard and

determined without delay and in a summary way:

(a) proceedings for infringement of copyright or moral rights;

(b) proceedings taken under section 44.12, 44.2 or 44.4; and

(i) a tariff approved by the Board under Part VII.1 or VIII, or

(ii) agreements referred to in subsection 67(3).

Practice and procedure

(5) The rules of practice and procedure, in civil matters, of the court in which

proceedings are commenced by way of application apply to those proceedings,

but where those rules do not provide for the proceedings to be heard and

determined without delay and in a summary way, the court may give such

directions as it considers necessary in order to so provide.

Actions

(6) The court in which proceedings are instituted by way of application may,

where it considers it appropriate, direct that the proceeding be proceeded with as

an action.

Meaning of application

(7) In this section, application means a proceeding that is commenced other

than by way of a writ or statement of claim.

R.S., 1985, c. C-42, s. 34; R.S., 1985, c. 10 (4th Supp.), s. 8; 1993, c. 15, s. 3(E), c. 44, s. 65;

1994, c. 47, s. 62; 1997, c. 24, s. 20; 2012, c. 20, s. 43; 2014, c. 32, s. 6; 2018, c. 27, s. 286.

Presumptions respecting copyright and ownership

34.1 (1) In any civil proceedings taken under this Act in which the defendant puts

in issue either the existence of the copyright or the title of the plaintiff to it,

(a) copyright shall be presumed, unless the contrary is proved, to subsist in

the work, performer’s performance, sound recording or communication signal,

as the case may be; and

(b) the author, performer, maker or broadcaster, as the case may be, shall,

unless the contrary is proved, be presumed to be the owner of the copyright.

Where no grant registered

(2) Where any matter referred to in subsection (1) is at issue and no assignment

of the copyright, or licence granting an interest in the copyright, has been

registered under this Act,

(a) if a name purporting to be that of

(i) the author of the work,

(ii) the performer of the performer’s performance,

(iii) the maker of the sound recording, or

(iv) the broadcaster of the communication signal

is printed or otherwise indicated thereon in the usual manner, the person

whose name is so printed or indicated shall, unless the contrary is proved, be

presumed to be the author, performer, maker or broadcaster;

(b) if

(i) no name is so printed or indicated, or if the name so printed or indicated

is not the true name of the author, performer, maker or broadcaster or the

name by which that person is commonly known, and

(ii) a name purporting to be that of the publisher or owner of the work,

performer’s performance, sound recording or communication signal is

printed or otherwise indicated thereon in the usual manner,

the person whose name is printed or indicated as described in subparagraph

(ii) shall, unless the contrary is proved, be presumed to be the owner of the

the cinematographic work appears in the usual manner, the person so named

shall, unless the contrary is proved, be presumed to be the maker of the

cinematographic work.

1997, c. 24, s. 20; 2012, c. 20, s. 44.

Liability for infringement

35 (1) Where a person infringes copyright, the person is liable to pay such

damages to the owner of the copyright as the owner has suffered due to the

infringement and, in addition to those damages, such part of the profits that the

infringer has made from the infringement and that were not taken into account in

calculating the damages as the court considers just.

Proof of profits

(2) In proving profits,

(a) the plaintiff shall be required to prove only receipts or revenues derived

from the infringement; and

(b) the defendant shall be required to prove every element of cost that the

defendant claims.

R.S., 1985, c. C-42, s. 35; 1997, c. 24, s. 20.

36 [Repealed, 2012, c. 20, s. 45]

37 [Repealed, 2012, c. 20, s. 45]

Recovery of possession of copies, plates

38 (1) Subject to subsection (2), the owner of the copyright in a work or other

subject-matter may

(a) recover possession of all infringing copies of that work or other subject-

matter, and of all plates used or intended to be used for the production of

infringing copies, and

(b) take proceedings for seizure of those copies or plates before judgment if,

under the law of Canada or of the province in which those proceedings are

taken, a person is entitled to take such proceedings,

as if those copies or plates were the property of the copyright owner.

Powers of court

(2) On application by

(a) a person from whom the copyright owner has recovered possession of

copies or plates referred to in subsection (1),

(b) a person against whom proceedings for seizure before judgment of copies

or plates referred to in subsection (1) have been taken, or

a court may order that those copies or plates be destroyed, or may make any

other order that it considers appropriate in the circumstances.

Notice to interested persons

(3) Before making an order under subsection (2), the court shall direct that notice

be given to any person who has an interest in the copies or plates in question,

unless the court is of the opinion that the interests of justice do not require such

notice to be given.

Circumstances court to consider

(4) In making an order under subsection (2), the court shall have regard to all the

circumstances, including

(a) the proportion, importance and value of the infringing copy or plate, as

compared to the substrate or carrier embodying it; and

(b) the extent to which the infringing copy or plate is severable from, or a

distinct part of, the substrate or carrier embodying it.

Limitation

(5) Nothing in this Act entitles the copyright owner to damages in respect of the

possession or conversion of the infringing copies or plates.

R.S., 1985, c. C-42, s. 38; 1997, c. 24, s. 20.

Statutory damages

38.1 (1) Subject to this section, a copyright owner may elect, at any time before

final judgment is rendered, to recover, instead of damages and profits referred to

in subsection 35(1), an award of statutory damages for which any one infringer is

liable individually, or for which any two or more infringers are liable jointly and

severally,

(a) in a sum of not less than $500 and not more than $20,000 that the court

considers just, with respect to all infringements involved in the proceedings for

each work or other subject-matter, if the infringements are for commercial

purposes; and

(b) in a sum of not less than $100 and not more than $5,000 that the court

considers just, with respect to all infringements involved in the proceedings for

all works or other subject-matter, if the infringements are for non-commercial

purposes.

Infringement of subsection 27(2.3)

(1.1) An infringement under subsection 27(2.3) may give rise to an award of

statutory damages with respect to a work or other subject-matter only if the

the use of a service referred to in that subsection.

Deeming — infringement of subsection 27(2.3)

(1.11) For the purpose of subsection (1), an infringement under subsection 27

(2.3) is deemed to be for a commercial purpose.

Infringements not involved in proceedings

(1.12) If the copyright owner has made an election under subsection (1) with

respect to a defendant’s infringements that are for non-commercial purposes,

they are barred from recovering statutory damages under this section from that

defendant with respect to any other of the defendant’s infringements that were

done for non-commercial purposes before the institution of the proceedings in

which the election was made.

No other statutory damages

(1.2) If a copyright owner has made an election under subsection (1) with respect

to a defendant’s infringements that are for non-commercial purposes, every other

section in respect of that defendant for any of the defendant’s infringements that

were done for non-commercial purposes before the institution of the proceedings

in which the election was made.

If defendant unaware of infringement

(2) If a copyright owner has made an election under subsection (1) and the

defendant satisfies the court that the defendant was not aware and had no

reasonable grounds to believe that the defendant had infringed copyright, the

court may reduce the amount of the award under paragraph (1)(a) to less than

$500, but not less than $200.

Special case

(3) In awarding statutory damages under paragraph (1)(a) or subsection (2), the

court may award, with respect to each work or other subject-matter, a lower

amount than $500 or $200, as the case may be, that the court considers just, if

(a) either

(i) there is more than one work or other subject-matter in a single medium,

(ii) the award relates only to one or more infringements under subsection

27(2.3); and

(b) the awarding of even the minimum amount referred to in that paragraph or

that subsection would result in a total award that, in the court’s opinion, is

grossly out of proportion to the infringement.

Limitation — certain acts

(4) A collective society or copyright owner who has authorized a collective society

to act on their behalf may make an election under this section with respect to an

act set out in subsection (4.1) only if applicable royalties are set out in an

approved tariff or fixed under subsection 71(2) and the defendant has not paid

them. If they make the election, the collective society or copyright owner may only

recover, in lieu of any other remedy of a monetary nature provided by this Act, an

award of statutory damages in respect of such acts in a sum of not less than

three and not more than ten times the amount of the applicable royalties, as the

court considers just.

Acts for the purposes of subsection (4)

(4.1) Subsection (4) applies with respect to the following acts:

(a) the performance in public of musical works or dramatico-musical works, of

performer’s performances of such works, or of sound recordings embodying

such works or performances; and

(b) the communication to the public by telecommunication of musical works or

dramatico-musical works, other than as described in subsection 31(2), of

performer’s performances of such works, or of sound recordings embodying

such works or performances.

Factors to consider

(5) In exercising its discretion under subsections (1) to (4), the court shall

consider all relevant factors, including

(a) the good faith or bad faith of the defendant;

(b) the conduct of the parties before and during the proceedings;

(d) in the case of infringements for non-commercial purposes, the need for an

award to be proportionate to the infringements, in consideration of the

hardship the award may cause to the defendant, whether the infringement

was for private purposes or not, and the impact of the infringements on the

plaintiff.

No award

(6) No statutory damages may be awarded against

(a) an educational institution or a person acting under its authority that has

committed an act referred to in section 29.6 or 29.7 and has not paid any

royalties or complied with any terms and conditions fixed under this Act in

relation to the commission of the act;

(b) an educational institution, library, archive or museum that is sued in the

circumstances referred to in section 38.2;

where the copy in question was made with the consent of the copyright owner

in the country where the copy was made; or

(d) an educational institution that is sued in the circumstances referred to in

subsection 30.02(7) or a person acting under its authority who is sued in the

circumstances referred to in subsection 30.02(8).

Exemplary or punitive damages not affected

(7) An election under subsection (1) does not affect any right that the copyright

owner may have to exemplary or punitive damages.

1997, c. 24, s. 20; 2012, c. 20, s. 46; 2018, c. 27, s. 287.

Maximum amount that may be recovered

38.2 (1) An owner of copyright in a work who has not authorized a collective

society to authorize its reprographic reproduction may recover, in proceedings

against an educational institution, library, archive or museum that has reproduced

the work, a maximum amount equal to the amount of royalties that would have

been payable to the society in respect of the reprographic reproduction, if it were

authorized, either

(a) under any agreement entered into with the collective society; or

(b) under a tariff approved by the Board under section 70.

Agreements with more than one collective society

(2) Where agreements respecting reprographic reproduction have been signed

with more than one collective society or where more than one tariff applies or

where both agreements and tariffs apply, the maximum amount that the copyright

owner may recover is the largest amount of the royalties provided for in any of

those agreements or tariffs.

Application

(3) Subsections (1) and (2) apply only where

(a) the collective society is entitled to authorize, or the tariff provides for the

payment of royalties in respect of, the reprographic reproduction of that

category of work; and

(b) copying of that general nature and extent is covered by the agreement or

tariff.

1997, c. 24, s. 20; 2018, c. 27, s. 288.

Injunction only remedy when defendant not aware of copyright

39 (1) Subject to subsection (2), in any proceedings for infringement of copyright,

the plaintiff is not entitled to any remedy other than an injunction in respect of the

infringement if the defendant proves that, at the date of the infringement, the

defendant was not aware and had no reasonable ground for suspecting that

Exception where copyright registered

(2) Subsection (1) does not apply if, at the date of the infringement, the copyright

was duly registered under this Act.

R.S., 1985, c. C-42, s. 39; 1997, c. 24, s. 20.

Wide injunction

39.1 (1) When granting an injunction in respect of an infringement of copyright in

a work or other subject-matter, the court may further enjoin the defendant from

infringing the copyright in any other work or subject-matter if

(a) the plaintiff is the owner of the copyright or the person to whom an interest

in the copyright has been granted by licence; and

(b) the plaintiff satisfies the court that the defendant will likely infringe the

from doing so.

Application of injunction

(2) An injunction granted under subsection (1) may extend to works or other

subject-matter

(a) in respect of which the plaintiff was not, at the time the proceedings were

commenced, the owner of the copyright or the person to whom an interest in

the copyright has been granted by licence; or

(b) that did not exist at the time the proceedings were commenced.

1997, c. 24, s. 20.

No injunction in case of a building

40 (1) Where the construction of a building or other structure that infringes or that,

if completed, would infringe the copyright in some other work has been

commenced, the owner of the copyright is not entitled to obtain an injunction in

respect of the construction of that building or structure or to order its demolition.

Certain remedies inapplicable

(2) Sections 38 and 42 do not apply in any case in respect of which subsection

(1) applies.

R.S., 1985, c. C-42, s. 40; 1997, c. 24, s. 21.

Technological Protection Measures and Rights Management Information

Definitions

41 The following definitions apply in this section and in sections 41.1 to 41.21.

circumvent means,

(a) in respect of a technological protection measure within the meaning of

paragraph (a) of the definition technological protection measure, to

descramble a scrambled work or decrypt an encrypted work or to otherwise

avoid, bypass, remove, deactivate or impair the technological protection

measure, unless it is done with the authority of the copyright owner; and

(b) in respect of a technological protection measure within the meaning of

paragraph (b) of the definition technological protection measure, to avoid,

bypass, remove, deactivate or impair the technological protection measure.

(contourner)

technological protection measure means any effective technology, device or

component that, in the ordinary course of its operation,

(a) controls access to a work, to a performer’s performance fixed in a sound

recording or to a sound recording and whose use is authorized by the

(b) restricts the doing — with respect to a work, to a performer’s performance

fixed in a sound recording or to a sound recording — of any act referred to in

section 3, 15 or 18 and any act for which remuneration is payable under

section 19. (mesure technique de protection)

R.S., 1985, c. C-42, s. 41; R.S., 1985, c. 10 (4th Supp.), s. 9; 1997, c. 24, s. 22; 2012, c. 20, s.

47.

Prohibition

41.1 (1) No person shall

(a) circumvent a technological protection measure within the meaning of

paragraph (a) of the definition technological protection measure in section 41;

(b) offer services to the public or provide services if

(i) the services are offered or provided primarily for the purposes of

circumventing a technological protection measure,

(ii) the uses or purposes of those services are not commercially significant

other than when they are offered or provided for the purposes of

circumventing a technological protection measure, or

(iii) the person markets those services as being for the purposes of

circumventing a technological protection measure or acts in concert with

another person in order to market those services as being for those

purposes; or

including by selling or renting — any technology, device or component if

(i) the technology, device or component is designed or produced primarily

for the purposes of circumventing a technological protection measure,

(ii) the uses or purposes of the technology, device or component are not

commercially significant other than when it is used for the purposes of

circumventing a technological protection measure, or

(iii) the person markets the technology, device or component as being for

the purposes of circumventing a technological protection measure or acts

in concert with another person in order to market the technology, device or

component as being for those purposes.

Circumvention of technological protection measure

(2) The owner of the copyright in a work, a performer’s performance fixed in a

sound recording or a sound recording in respect of which paragraph (1)(a) has

been contravened is, subject to this Act and any regulations made under section

41.21, entitled to all remedies — by way of injunction, damages, accounts,

delivery up and otherwise — that are or may be conferred by law for the

infringement of copyright against the person who contravened that paragraph.

No statutory damages

(3) The owner of the copyright in a work, a performer’s performance fixed in a

sound recording or a sound recording in respect of which paragraph (1)(a) has

been contravened may not elect under section 38.1 to recover statutory damages

from an individual who contravened that paragraph only for his or her own private

purposes.

Services, technology, device or component

(4) Every owner of the copyright in a work, a performer’s performance fixed in a

sound recording or a sound recording in respect of which a technological

protection measure has been or could be circumvented as a result of the

contravention of paragraph (1)(b) or (c) is, subject to this Act and any regulations

made under section 41.21, entitled to all remedies — by way of injunction,

damages, accounts, delivery up and otherwise — that are or may be conferred by

law for the infringement of copyright against the person who contravened

paragraph (1)(b) or (c).

2012, c. 20, s. 47.

Law enforcement and national security

41.11 (1) Paragraph 41.1(1)(a) does not apply if a technological protection

measure is circumvented for the purposes of an investigation related to the

enforcement of any Act of Parliament or any Act of the legislature of a province,

or for the purposes of activities related to the protection of national security.

Services

(2) Paragraph 41.1(1)(b) does not apply if the services are provided by or for the

persons responsible for carrying out such an investigation or such activities.

Technology, device or component

(3) Paragraph 41.1(1)(c) does not apply if the technology, device or component is

manufactured, imported or provided by the persons responsible for carrying out

such an investigation or such activities, or is manufactured, imported, provided or

offered for sale or rental as a service provided to those persons.

2012, c. 20, s. 47.

Interoperability of computer programs

41.12 (1) Paragraph 41.1(1)(a) does not apply to a person who owns a computer

program or a copy of one, or has a licence to use the program or copy, and who

circumvents a technological protection measure that protects that program or

copy for the sole purpose of obtaining information that would allow the person to

make the program and any other computer program interoperable.

Services

(2) Paragraph 41.1(1)(b) does not apply to a person who offers services to the

public or provides services for the purposes of circumventing a technological

protection measure if the person does so for the purpose of making the computer

program and any other computer program interoperable.

Technology, device or component

(3) Paragraph 41.1(1)(c) does not apply to a person who manufactures, imports

or provides a technology, device or component for the purposes of circumventing

a technological protection measure if the person does so for the purpose of

making the computer program and any other computer program interoperable

and

(a) uses that technology, device or component only for that purpose; or

(b) provides that technology, device or component to another person only for

that purpose.

Sharing of information

(4) A person referred to in subsection (1) may communicate the information

obtained under that subsection to another person for the purposes of allowing

that person to make the computer program and any other computer program

interoperable.

Limitation

(5) A person to whom the technology, device or component referred to in

subsection (3) is provided or to whom the information referred to in subsection (4)

is communicated may use it only for the purpose of making the computer program

and any other computer program interoperable.

Non-application

(6) However, a person is not entitled to benefit from the exceptions under

subsections (1) to (3) or (5) if, for the purposes of making the computer program

and any other computer program interoperable, the person does an act that

constitutes an infringement of copyright.

Non-application

(7) Furthermore, a person is not entitled to benefit from the exception under

subsection (4) if, for the purposes of making the computer program and any other

computer program interoperable, the person does an act that constitutes an

infringement of copyright or an act that contravenes any Act of Parliament or any

Act of the legislature of a province.

2012, c. 20, s. 47.

Encryption research

41.13 (1) Paragraph 41.1(1)(a) does not apply to a person who, for the purposes

of encryption research, circumvents a technological protection measure by means

of decryption if

(a) it would not be practical to carry out the research without circumventing the

technological protection measure;

(b) the person has lawfully obtained the work, the performer’s performance

fixed in a sound recording or the sound recording that is protected by the

technological protection measure; and

performer’s performance fixed in a sound recording or the sound recording

who has applied the technological protection measure.

Non-application

(2) However, a person acting in the circumstances referred to in subsection (1) is

not entitled to benefit from the exception under that subsection if the person does

an act that constitutes an infringement of copyright or an act that contravenes any

Act of Parliament or any Act of the legislature of a province.

Technology, device or component

(3) Paragraph 41.1(1)(c) does not apply to a person referred to in subsection (1)

who manufactures a technology, device or component for the purposes of

circumventing a technological protection measure that is subject to paragraph

41.1(1)(a) if the person does so for the purpose of encryption research and

(a) uses that technology, device or component only for that purpose; or

(b) provides that technology, device or component only for that purpose to

another person who is collaborating with the person.

2012, c. 20, s. 47.

Personal information

41.14 (1) Paragraph 41.1(1)(a) does not apply to a person who circumvents a

technological protection measure if

(a) the work, performer’s performance fixed in a sound recording or sound

recording that is protected by the technological protection measure is not

accompanied by a notice indicating that its use will permit a third party to

collect and communicate personal information relating to the user or, in the

case where it is accompanied by such a notice, the user is not provided with

the option to prevent the collection and communication of personal information

without the user’s use of it being restricted; and

(b) the only purpose of circumventing the technological protection measure is

to verify whether it permits the collection or communication of personal

information and, if it does, to prevent it.

Services, technology, device or component

(2) Paragraphs 41.1(1)(b) and (c) do not apply to a person who offers services to

the public or provides services, or manufactures, imports or provides a

technology, device or component, for the purposes of circumventing a

technological protection measure in accordance with subsection (1), to the extent

that the services, technology, device or component do not unduly impair the

technological protection measure.

2012, c. 20, s. 47.

Security

41.15 (1) Paragraph 41.1(1)(a) does not apply to a person who circumvents a

technological protection measure that is subject to that paragraph for the sole

purpose of, with the consent of the owner or administrator of a computer,

computer system or computer network, assessing the vulnerability of the

computer, system or network or correcting any security flaws.

Services

(2) Paragraph 41.1(1)(b) does not apply if the services are provided to a person

described in subsection (1).

Technology, device or component

(3) Paragraph 41.1(1)(c) does not apply if the technology, device or component is

manufactured or imported by a person described in subsection (1), or is

manufactured, imported, provided — including by selling or renting — offered for

sale or rental or distributed as a service provided to that person.

Non-application

(4) A person acting in the circumstances referred to in subsection (1) is not

entitled to benefit from the exception under that subsection if the person does an

act that constitutes an infringement of copyright or an act that contravenes any

Act of Parliament or any Act of the legislature of a province.

2012, c. 20, s. 47.

Persons with perceptual disabilities

41.16 (1) Paragraph 41.1(1)(a) does not apply to a person with a perceptual

disability, to another person acting at their request or to a non-profit organization,

as defined in section 32.02, acting for their benefit, if that person or organization

circumvents a technological protection measure solely for one or more of the

following purposes:

(a) to make a work, a performer’s performance fixed in a sound recording or a

sound recording perceptible to the person with a perceptual disability;

(b) to permit a person, or a non-profit organization referred to in subsection 32

(1), to benefit from the exception set out in section 32;

benefit from the exception set out in section 32.01.

Services, technology, device or component

(2) Paragraphs 41.1(1)(b) and (c) do not apply to a person who offers or provides

services to persons or non-profit organizations referred to in subsection (1) or

who manufactures, imports or provides a technology, device or component, for

the sole purpose of enabling those persons or non-profit organizations to

circumvent a technological protection measure in accordance with that

subsection.

2012, c. 20, s. 47; 2016, c. 4, s. 4.

Broadcasting undertakings

41.17 Paragraph 41.1(1)(a) does not apply to a broadcasting undertaking that

circumvents a technological protection measure for the sole purpose of making

an ephemeral reproduction of a work, a performer’s performance fixed in a sound

recording or a sound recording in accordance with section 30.9, unless the owner

of the copyright in the work, the performer’s performance fixed in a sound

recording or the sound recording that is protected by the technological protection

measure makes available the necessary means to enable the making of such a

reproduction in a timely manner in light of the broadcasting undertaking’s

business requirements.

2012, c. 20, s. 47.

Radio apparatus

41.18 (1) Paragraph 41.1(1)(a) does not apply to a person who circumvents a

technological protection measure on a radio apparatus for the sole purpose of

gaining access to a telecommunications service by means of the radio apparatus.

Services or technology, device or component

(2) Paragraphs 41.1(1)(b) and (c) do not apply to a person who offers the

services to the public or provides the services, or manufactures, imports or

provides the technology, device or component, for the sole purpose of facilitating

access to a telecommunications service by means of a radio apparatus.

Definitions

(3) The following definitions apply in this section.

radio apparatus has the same meaning as in section 2 of the

Radiocommunication Act. (appareil radio)

telecommunications service has the same meaning as in subsection 2(1) of

the Telecommunications Act. (service de télécommunication)

2012, c. 20, s. 47.

Reduction of damages

41.19 A court may reduce or remit the amount of damages it awards in the

circumstances described in subsection 41.1(1) if the defendant satisfies the court

that the defendant was not aware, and had no reasonable grounds to believe,

that the defendant’s acts constituted a contravention of that subsection.

2012, c. 20, s. 47.

Injunction only remedy

41.2 If a court finds that a defendant that is a library, archive or museum or an

educational institution has contravened subsection 41.1(1) and the defendant

satisfies the court that it was not aware, and had no reasonable grounds to

believe, that its actions constituted a contravention of that subsection, the plaintiff

is not entitled to any remedy other than an injunction.

2012, c. 20, s. 47.

Regulations

41.21 (1) The Governor in Council may make regulations excluding from the

application of section 41.1 any technological protection measure that protects a

work, a performer’s performance fixed in a sound recording or a sound recording,

or classes of them, or any class of such technological protection measures, if the

Governor in Council considers that the application of that section to the

technological protection measure or class of technological protection measures

would unduly restrict competition in the aftermarket sector in which the

technological protection measure is used.

Regulations

(2) The Governor in Council may make regulations

(a) prescribing additional circumstances in which paragraph 41.1(1)(a) does

not apply, having regard to the following factors:

(i) whether not being permitted to circumvent a technological protection

measure that is subject to that paragraph could adversely affect the use a

person may make of a work, a performer’s performance fixed in a sound

recording or a sound recording when that use is authorized,

(ii) whether the work, the performer’s performance fixed in a sound

recording or the sound recording is commercially available,

(iii) whether not being permitted to circumvent a technological protection

measure that is subject to that paragraph could adversely affect criticism,

review, news reporting, commentary, parody, satire, teaching, scholarship

or research that could be made or done in respect of the work, the

performer’s performance fixed in a sound recording or the sound

recording,

(iv) whether being permitted to circumvent a technological protection

measure that is subject to that paragraph could adversely affect the market

for the work, the performer’s performance fixed in a sound recording or the

sound recording or its market value,

(v) whether the work, the performer’s performance fixed in a sound

recording or the sound recording is commercially available in a medium

and in a quality that is appropriate for non-profit archival, preservation or

educational uses, and

(vi) any other relevant factor; and

(b) requiring the owner of the copyright in a work, a performer’s performance

fixed in a sound recording or a sound recording that is protected by a

technological protection measure to provide access to the work, performer’s

performance fixed in a sound recording or sound recording to persons who

are entitled to the benefit of any of the limitations on the application of

paragraph 41.1(1)(a) prescribed under paragraph (a). The regulations may

prescribe the manner in which, and the time within which, access is to be

provided, as well as any conditions that the owner of the copyright is to

comply with.

2012, c. 20, s. 47.

Prohibition — rights management information

41.22 (1) No person shall knowingly remove or alter any rights management

information in electronic form without the consent of the owner of the copyright in

the work, the performer’s performance or the sound recording, if the person

knows or should have known that the removal or alteration will facilitate or

conceal any infringement of the owner’s copyright or adversely affect the owner’s

right to remuneration under section 19.

Removal or alteration of rights management information

(2) The owner of the copyright in a work, a performer’s performance fixed in a

sound recording or a sound recording is, subject to this Act, entitled to all

remedies — by way of injunction, damages, accounts, delivery up and otherwise

— that are or may be conferred by law for the infringement of copyright against a

person who contravenes subsection (1).

Subsequent acts

(3) The copyright owner referred to in subsection (2) has the same remedies

against a person who, without the owner’s consent, knowingly does any of the

following acts with respect to any material form of the work, the performer’s

performance fixed in a sound recording or the sound recording and knows or

should have known that the rights management information has been removed or

altered in a way that would give rise to a remedy under that subsection:

(a) sells it or rents it out;

(b) distributes it to an extent that the copyright owner is prejudicially affected;

exhibits it in public;

(d) imports it into Canada for the purpose of doing anything referred to in any

of paragraphs (a) to (c); or

(e) communicates it to the public by telecommunication.

Definition of rights management information

(4) In this section, rights management information means information that

(a) is attached to or embodied in a copy of a work, a performer’s performance

fixed in a sound recording or a sound recording, or appears in connection with

its communication to the public by telecommunication; and

(b) identifies or permits the identification of the work or its author, the

performance or its performer, the sound recording or its maker or the holder of

any rights in the work, the performance or the sound recording, or concerns

the terms or conditions of the work’s, performance’s or sound recording’s use.

2012, c. 20, s. 47.

General Provisions

Protection of separate rights

41.23 (1) Subject to this section, the owner of any copyright, or any person or

persons deriving any right, title or interest by assignment or grant in writing from

the owner, may individually for himself or herself, as a party to the proceedings in

his or her own name, protect and enforce any right that he or she holds, and, to

the extent of that right, title and interest, is entitled to the remedies provided by

this Act.

(2) If proceedings under subsection (1) are taken by a person other than the

except

(a) in the case of proceedings taken under section 44.12, 44.2 or 44.4;

(b) in the case of interlocutory proceedings, unless the court is of the opinion

that the interests of justice require the copyright owner to be a party; and

justice do not require the copyright owner to be a party.

Owner’s liability for costs

(3) A copyright owner who is made a party to proceedings under subsection (2) is

not liable for any costs unless the copyright owner takes part in the proceedings.

Apportionment of damages, profits

(4) If a copyright owner is made a party to proceedings under subsection (2), the

court, in awarding damages or profits, shall, subject to any agreement between

the person who took the proceedings and the copyright owner, apportion the

damages or profits referred to in subsection 35(1) between them as the court

considers appropriate.

2012, c. 20, s. 47; 2014, c. 32, s. 6.

Concurrent jurisdiction of Federal Court

41.24 The Federal Court has concurrent jurisdiction with provincial courts to hear

and determine all proceedings, other than the prosecution of offences under

sections 42 and 43, for the enforcement of a provision of this Act or of the civil

remedies provided by this Act.

2012, c. 20, s. 47.

Provisions Respecting Providers of Network Services or Information Location Tools

Notice of claimed infringement

41.25 (1) An owner of the copyright in a work or other subject-matter may send a

notice of claimed infringement to a person who provides

(a) the means, in the course of providing services related to the operation of

the Internet or another digital network, of telecommunication through which

the electronic location that is the subject of the claim of infringement is

connected to the Internet or another digital network;

(b) for the purpose set out in subsection 31.1(4), the digital memory that is

used for the electronic location to which the claim of infringement relates; or

Form and content of notice

(2) A notice of claimed infringement shall be in writing in the form, if any,

prescribed by regulation and shall

(a) state the claimant’s name and address and any other particulars

prescribed by regulation that enable communication with the claimant;

(b) identify the work or other subject-matter to which the claimed infringement

relates;

work or other subject-matter;

(d) specify the location data for the electronic location to which the claimed

infringement relates;

(e) specify the infringement that is claimed;

(f) specify the date and time of the commission of the claimed infringement;

and

(g) contain any other information that may be prescribed by regulation.

Prohibited content

(3) A notice of claimed infringement shall not contain

(a) an offer to settle the claimed infringement;

(b) a request or demand, made in relation to the claimed infringement, for

payment or for personal information;

demand; and

(d) any other information that may be prescribed by regulation.

2012, c. 20, s. 47; 2018, c. 27, s. 243.

Obligations related to notice

41.26 (1) A person described in paragraph 41.25(1)(a) or (b) who receives a

notice of claimed infringement that complies with subsections 41.25(2) and (3)

shall, on being paid any fee that the person has lawfully charged for doing so,

(a) as soon as feasible forward the notice electronically to the person to whom

the electronic location identified by the location data specified in the notice

belongs and inform the claimant of its forwarding or, if applicable, of the

reason why it was not possible to forward it; and

(b) retain records that will allow the identity of the person to whom the

electronic location belongs to be determined, and do so for six months

beginning on the day on which the notice of claimed infringement is received

or, if the claimant commences proceedings relating to the claimed

infringement and so notifies the person before the end of those six months, for

one year after the day on which the person receives the notice of claimed

infringement.

Fees related to notices

(2) The Minister may, by regulation, fix the maximum fee that a person may

charge for performing his or her obligations under subsection (1). If no maximum

is fixed by regulation, the person may not charge any amount under that

subsection.

Damages related to notices

(3) A claimant’s only remedy against a person who fails to perform his or her

obligations under subsection (1) is statutory damages in an amount that the court

considers just, but not less than $5,000 and not more than $10,000.

Regulations — change of amounts

(4) The Governor in Council may, by regulation, increase or decrease the

minimum or maximum amount of statutory damages set out in subsection (3).

2012, c. 20, s. 47; 2018, c. 27, s. 244.

Injunctive relief only — providers of information location tools

41.27 (1) In any proceedings for infringement of copyright, the owner of the

than an injunction against a provider of an information location tool that is found

to have infringed copyright by making a reproduction of the work or other subject-

matter or by communicating that reproduction to the public by telecommunication.

Conditions for application

(2) Subsection (1) applies only if the provider, in respect of the work or other

subject-matter,

(a) makes and caches, or does any act similar to caching, the reproduction in

an automated manner for the purpose of providing the information location

tool;

(b) communicates that reproduction to the public by telecommunication for the

purpose of providing the information that has been located by the information

location tool;

(d) complies with any conditions relating to the making or caching, or doing of

any act similar to caching, of reproductions of the work or other subject-

matter, or to the communication of the reproductions to the public by

telecommunication, that were specified in a manner consistent with industry

practice by whoever made the work or other subject-matter available through

the Internet or another digital network and that lend themselves to automated

reading and execution; and

(e) does not interfere with the use of technology that is lawful and consistent

with industry practice in order to obtain data on the use of the work or other

subject-matter.

Limitation

(3) If the provider receives a notice of claimed infringement, relating to a work or

other subject-matter, that complies with subsections 41.25(2) and (3) after the

work or other subject-matter has been removed from the electronic location set

out in the notice, then subsection (1) applies, with respect to reproductions made

from that electronic location, only to infringements that occurred before the day

that is 30 days — or the period that may be prescribed by regulation — after the

day on which the provider receives the notice.

Exception

(4) Subsection (1) does not apply to the provision of the information location tool if

the provision of that tool constitutes an infringement of copyright under subsection

27(2.3).

Factors — scope of injunction

(4.1) If it grants an injunction as set out in subsection (1), the court shall, among

any other relevant factors, consider the following in establishing the terms of the

injunction:

(a) the harm likely to be suffered by the copyright owner if steps are not taken

to prevent or restrain the infringement; and

(b) the burden imposed on the provider and on the operation of the

information location tool, including

(i) the aggregate effect of the injunction and any injunctions from other

proceedings,

(ii) whether implementing the injunction would be technically feasible and

effective in addressing the infringement,

(iii) whether implementing the injunction would interfere with the use of the

information location tool for non-infringing acts, and

(iv) the availability of less burdensome and comparably effective means of

preventing or restraining the infringement.

Limitation

(4.2) A court is not permitted to grant an injunction under section 39.1 against a

provider who is the subject of an injunction set out in subsection (1).

Meaning of information location tool

(5) In this section, information location tool means any tool that makes it

possible to locate information that is available through the Internet or another

digital network.

2012, c. 20, s. 47; 2018, c. 27, s. 245.

Criminal Remedies

Offences

42 (1) Every person commits an offence who knowingly

(a) makes for sale or rental an infringing copy of a work or other subject-

matter in which copyright subsists;

(b) sells or rents out, or by way of trade exposes or offers for sale or rental, an

infringing copy of a work or other subject-matter in which copyright subsists;

affect prejudicially the owner of the copyright;

(d) by way of trade exhibits in public an infringing copy of a work or other

subject-matter in which copyright subsists;

(e) possesses, for sale, rental, distribution for the purpose of trade or

exhibition in public by way of trade, an infringing copy of a work or other

subject-matter in which copyright subsists;

(f) imports, for sale or rental, into Canada any infringing copy of a work or

other subject-matter in which copyright subsists; or

(g) exports or attempts to export, for sale or rental, an infringing copy of a

work or other subject-matter in which copyright subsists.

Possession and performance offences

(2) Every person commits an offence who knowingly

(a) makes or possesses any plate that is specifically designed or adapted for

the purpose of making infringing copies of any work or other subject-matter in

which copyright subsists; or

(b) for private profit causes to be performed in public, without the consent of

the owner of the copyright, any work or other subject-matter in which copyright

subsists.

Punishment

(2.1) Every person who commits an offence under subsection (1) or (2) is liable

(a) on conviction on indictment, to a fine of not more than $1,000,000 or to

imprisonment for a term of not more than five years or to both; or

(b) on summary conviction, to a fine of not more than $25,000 or to

imprisonment for a term of not more than six months or to both.

Power of court to deal with copies or plates

(3) The court before which any proceedings under this section are taken may, on

conviction, order that all copies of the work or other subject-matter that appear to

it to be infringing copies, or all plates in the possession of the offender

predominantly used for making infringing copies, be destroyed or delivered up to

the owner of the copyright or otherwise dealt with as the court may think fit.

Notice

(3.01) Before making an order under subsection (3), the court shall require that

notice be given to the owner of the copies or plates and to any other person who,

in the court’s opinion, appears to have a right or interest in them, unless the court

is of the opinion that the interests of justice do not require that the notice be

given.

Circumvention of technological protection measure

(3.1) Every person, except a person who is acting on behalf of a library, archive

or museum or an educational institution, is guilty of an offence who knowingly and

for commercial purposes contravenes section 41.1 and is liable

(a) on conviction on indictment, to a fine not exceeding $1,000,000 or to

imprisonment for a term not exceeding five years or to both; or

(b) on summary conviction, to a fine not exceeding $25,000 or to

imprisonment for a term not exceeding six months or to both.

Limitation period

(4) Proceedings by summary conviction in respect of an offence under this

section may be instituted at any time within, but not later than, two years after the

time when the offence was committed.

Parallel importation

(5) For the purposes of this section, a copy of a work or other subject-matter is

not infringing if the copy was made with the consent of the owner of the copyright

in the country where the copy was made.

R.S., 1985, c. C-42, s. 42; R.S., 1985, c. 10 (4th Supp.), s. 10; 1997, c. 24, s. 24; 2012, c. 20, s.

48; 2014, c. 32, s. 4.

Infringement in case of dramatic, operatic or musical work

43 (1) Any person who, without the written consent of the owner of the copyright

or of the legal representative of the owner, knowingly performs or causes to be

performed in public and for private profit the whole or any part, constituting an

infringement, of any dramatic or operatic work or musical composition in which

conviction to a fine not exceeding two hundred and fifty dollars and, in the case of

a second or subsequent offence, either to that fine or to imprisonment for a term

not exceeding two months or to both.

Change or suppression of title or author’s name

(2) Any person who makes or causes to be made any change in or suppression

of the title, or the name of the author, of any dramatic or operatic work or musical

composition in which copyright subsists in Canada, or who makes or causes to be

made any change in the work or composition itself without the written consent of

the author or of his legal representative, in order that the work or composition

may be performed in whole or in part in public for private profit, is guilty of an

offence and liable on summary conviction to a fine not exceeding five hundred

dollars and, in the case of a second or subsequent offence, either to that fine or to

imprisonment for a term not exceeding four months or to both.

R.S., c. C-30, s. 26.

Limitation or Prescription Period

Limitation or prescription period for civil remedies

43.1 (1) Subject to subsection (2), a court may award a remedy for any act or

omission that has been done contrary to this Act only if

(a) the proceedings for the act or omission giving rise to a remedy are

commenced within three years after it occurred, in the case where the plaintiff

knew, or could reasonably have been expected to know, of the act or omission

at the time it occurred; or

(b) the proceedings for the act or omission giving rise to a remedy are

commenced within three years after the time when the plaintiff first knew of it,

or could reasonably have been expected to know of it, in the case where the

plaintiff did not know, and could not reasonably have been expected to know,

of the act or omission at the time it occurred.

Restriction

(2) The court shall apply the limitation or prescription period set out in paragraph

(1)(a) or (b) only in respect of a party who pleads a limitation period.

1994, c. 47, s. 64; 1997, c. 24, s. 25; 2012, c. 20, s. 49.

Importation and Exportation

Interpretation

Definitions

44 The following definitions apply in sections 44.02 to 44.4.

court means the Federal Court or the superior court of a province. (tribunal)

customs officer has the meaning assigned by the definition officer in subsection

2(1) of the Customs Act. (agent des douanes)

duties has the same meaning as in subsection 2(1) of the Customs Act. (droits)

Minister means the Minister of Public Safety and Emergency Preparedness.

(ministre)

release has the same meaning as in subsection 2(1) of the Customs Act.

(dédouanement)

working day means a day other than a Saturday or a holiday. (jour ouvrable)

R.S., 1985, c. C-42, s. 44; R.S., 1985, c. 41 (3rd Supp.), s. 116; 1997, c. 36, s. 205; 1999, c. 17, s.

119; 2005, c. 38, s. 139; 2014, c. 32, s. 5.

Prohibition and Detention by Customs Officer

Prohibition

Prohibition on importation or exportation

44.01 (1) Copies of a work or other subject-matter in which copyright subsists

shall not be imported or exported if

(a) they were made without the consent of the owner of the copyright in the

country where they were made; and

(b) they infringe copyright or, if they were not made in Canada, they would

infringe copyright had they been made in Canada by the person who made

them.

Exception

(2) Subsection (1) does not apply to

(a) copies that are imported or exported by an individual in their possession or

baggage if the circumstances, including the number of copies, indicate that

the copies are intended only for their personal use; or

(b) copies that, while being shipped from one place outside Canada to

another, are in customs transit control or customs transhipment control in

Canada.

2014, c. 32, s. 5.

Request for Assistance

Request for assistance

44.02 (1) The owner of copyright in a work or other subject-matter may file with

the Minister, in the form and manner specified by the Minister, a request for

assistance in pursuing remedies under this Act with respect to copies imported or

exported in contravention of section 44.01.

Information in request

(2) The request for assistance shall include the copyright owner’s name and

address in Canada and any other information that is required by the Minister,

including information about the work or other subject-matter in question.

Validity period

(3) A request for assistance is valid for a period of two years beginning on the day

on which it is accepted by the Minister. The Minister may, at the request of the

Security

(4) The Minister may, as a condition of accepting a request for assistance or of

extending a request’s period of validity, require that the copyright owner furnish

security, in an amount and form fixed by the Minister, for the payment of an

amount for which the copyright owner becomes liable under section 44.07.

Update

(5) The copyright owner shall inform the Minister in writing, as soon as

practicable, of any changes to

(a) the subsistence of the copyright that is the subject of the request for

assistance; or

(b) the ownership of that copyright.

2014, c. 32, s. 5.

Measures Relating to Detained Copies

Provision of information by customs officer

44.03 A customs officer who is detaining copies of a work or other subject-matter

under section 101 of the Customs Act may, in the officer’s discretion, to obtain

information about whether the importation or exportation of the copies is

prohibited under section 44.01, provide the owner of copyright in that work or

subject-matter with a sample of the copies and with any information about the

copies that the customs officer reasonably believes does not directly or indirectly

identify any person.

2014, c. 32, s. 5.

Provision of information to pursue remedy

44.04 (1) A customs officer who is detaining copies of a work or other subject-

matter under section 101 of the Customs Act and who has reasonable grounds to

suspect that the importation or exportation of the copies is prohibited under

section 44.01 may, in the officer’s discretion, if the Minister has accepted a

request for assistance with respect to the work or subject-matter filed by the

owner of copyright in it, provide that owner with a sample of the copies and with

information about the copies that could assist them in pursuing a remedy under

this Act, such as

(a) a description of the copies and of their characteristics;

(b) the name and address of their owner, importer, exporter and consignee

and of the person who made them;

(d) the countries in which they were made and through which they passed in

transit; and

(e) the day on which they were imported, if applicable.

Detention

(2) Subject to subsection (3), the customs officer shall not detain, for the purpose

of enforcing section 44.01, the copies for more than 10 working days — or, if the

copies are perishable, for more than five days — after the day on which the

customs officer first sends or makes available a sample or information to the

while the copies are detained for the purpose of enforcing section 44.01, the

customs officer may, having regard to the circumstances, detain non-perishable

copies for one additional period of not more than 10 working days.

Notice of proceedings

(3) If, before the copies are no longer detained for the purpose of enforcing

section 44.01, the owner of copyright has provided the Minister, in the manner

specified by the Minister, with a copy of a document filed with a court

commencing proceedings to obtain a remedy under this Act with respect to the

detained copies, the customs officer shall continue to detain them until the

Minister is informed in writing that

(a) the proceedings are finally disposed of, settled or abandoned;

(b) a court directs that the copies are no longer to be detained for the purpose

of the proceedings; or

Continued detention

(4) The occurrence of any of the events referred to in paragraphs (3)(a) to (c)

does not preclude a customs officer from continuing to detain the copies under

the Customs Act for a purpose other than the proceedings.

2014, c. 32, s. 5.

Restriction on information use — section 44.03

44.05 (1) A person who receives a sample or information that is provided under

section 44.03 shall not use the information, or information that is derived from the

sample, for any purpose other than to give information to the customs officer

about whether the importation or exportation of the copies is prohibited under

section 44.01.

Restriction on information use — subsection 44.04(1)

(2) A person who receives a sample or information that is provided under

subsection 44.04(1) shall not use the information, or information that is derived

from the sample, for any purpose other than to pursue remedies under this Act.

For greater certainty

(3) For greater certainty, subsection (2) does not prevent the confidential

communication of information about the copies for the purpose of reaching an

out-of-court settlement.

2014, c. 32, s. 5.

Inspection

44.06 After a sample or information has been provided under subsection 44.04

(1), a customs officer may, in the officer’s discretion, give the owner, importer,

exporter and consignee of the detained copies and the owner of copyright an

opportunity to inspect the copies.

2014, c. 32, s. 5.

Liability for charges

44.07 (1) The owner of copyright who has received a sample or information under

subsection 44.04(1) is liable to Her Majesty in right of Canada for the storage and

handling charges for the detained copies — and, if applicable, for the charges for

destroying them — for the period beginning on the day after the day on which a

customs officer first sends or makes available a sample or information to that

owner under that subsection and ending on the first day on which one of the

following occurs:

(a) the copies are no longer detained for the purpose of enforcing section

44.01 or, if subsection 44.04(3) applies, for the purpose of the proceedings

referred to in that subsection;

(b) the Minister receives written notification in which the owner states that the

importation or exportation of the copies does not, with respect to the owner’s

will not, while the copies are detained for the purpose of enforcing section

44.01, commence proceedings to obtain a remedy under this Act with respect

to them.

Exception — paragraph (1)(a)

(2) Despite paragraph (1)(a), if the copies are forfeited under subsection 39(1) of

the Customs Act and the Minister did not, before the end of the detention of the

copies for the purpose of enforcing section 44.01, receive a copy of a document

filed with a court commencing proceedings to obtain a remedy under this Act with

respect to the detained copies or the written notification referred to in paragraph

(1)(b) or (c), the period ends on the day on which the copies are forfeited.

Exception — paragraph (1)(c)

(3) Despite paragraph (1)(c), if the copies are forfeited under subsection 39(1) of

the Customs Act after the Minister has received the written notification referred to

in that paragraph, the period ends on the day on which the copies are forfeited.

Joint and several or solidary liability

(4) The owner and the importer or exporter of copies that are forfeited in the

circumstances set out in subsection (2) or (3) are jointly and severally, or

solidarily, liable to the owner of copyright for all the charges under subsection (1)

paid by the copyright owner with respect to the period

(a) in the circumstances referred to in subsection (2), beginning on the day on

which the copies are no longer detained for the purpose of enforcing section

44.01 and ending on the day on which the copies are forfeited; and

(b) in the circumstances referred to in subsection (3), beginning on the day on

which the Minister receives the written notification referred to in paragraph (1)

Exception

(5) Subsections (1) to (3) do not apply if

(a) the detention of the copies for the purpose of enforcing section 44.01 ends

before the expiry of 10 working days — or, if the copies are perishable,

before the expiry of five days — after the day on which the customs officer

first sends or makes available a sample or information to the copyright owner

under subsection 44.04(1); and

(b) the Minister has not, by the end of the detention, received a copy of a

document filed with a court commencing proceedings to obtain a remedy

under this Act with respect to the detained copies or the written notification

referred to in paragraph (1)(b) or (c).

2014, c. 32, s. 5.

No Liability

No liability

44.08 Neither Her Majesty nor a customs officer is liable for any loss or damage

suffered in relation to the enforcement or application of sections 44.01 to 44.04

and 44.06 because of

(a) the detention of copies of a work or other subject-matter, except if the

detention contravenes subsection 44.04(2);

(b) the failure to detain copies; or

cessation contravenes subsection 44.04(3).

2014, c. 32, s. 5.

Powers of Court Relating to Detained Copies

Application to court

44.09 (1) In the course of proceedings referred to in subsection 44.04(3), the

court may, on the application of the Minister or a party to the proceedings,

(a) impose conditions on the storage or detention of the copies that are the

subject of the proceedings; or

(b) direct that the copies are no longer to be detained for the purpose of the

proceedings, on any conditions that the court may impose, if their owner,

importer, exporter or consignee furnishes security in an amount fixed by the

court.

Minister’s consent

(2) If a party applies to have the detained copies stored in a place other than a

bonded warehouse or a sufferance warehouse, as those terms are defined in

subsection 2(1) of the Customs Act, the Minister must consent to the storage of

the copies in that place before a condition to that effect is imposed under

subsection (1).

Customs Act

(3) The court may impose a condition described in subsection (2) despite section

31 of the Customs Act.

Continued detention

(4) A direction under paragraph (1)(b) that the copies are no longer to be detained

for the purpose of the proceedings does not preclude a customs officer from

continuing to detain the copies under the Customs Act for another purpose.

Security

(5) In the course of proceedings referred to in subsection 44.04(3), the court may,

on the application of the Minister or a party to the proceedings, require the owner

of copyright to furnish security, in an amount fixed by the court,

(a) to cover duties, storage and handling charges, and any other amount that

may become chargeable against the copies; and

(b) to answer any damages that may, because of the detention of the copies,

be sustained by the owner, importer, exporter or consignee of the copies.

2014, c. 32, s. 5.

Damages against copyright owner

44.1 (1) The court may award damages against the owner of copyright who

commenced proceedings referred to in subsection 44.04(3) to the owner,

importer, exporter or consignee of the copies who is a party to the proceedings

for losses, costs or prejudice suffered as a result of the detention of the copies if

the proceedings are dismissed or discontinued.

Damages awarded to copyright owner

(2) Any damages under subsection 34(1) awarded to the owner of copyright in

proceedings referred to in subsection 44.04(3) are to include the charges incurred

by the copyright owner as a result of storing, handling or, if applicable, destroying

the detained copies.

1993, c. 44, s. 66; 1997, c. 24, s. 27; 2005, c. 38, ss. 142, 145; 2014, c. 32, s. 5.

Prohibition Resulting from Notice

Importation of certain copyright works prohibited

44.11 Copies made outside Canada of any work in which copyright subsists that if

made in Canada would infringe copyright and as to which the owner of the

owner desires that the copies not be imported into Canada, shall not be so

imported and are deemed to be included in tariff item No. 9897.00.00 in the List of

Tariff Provisions set out in the schedule to the Customs Tariff, with section 136 of

that Act applying accordingly.

2014, c. 32, s. 5.

Court-ordered Detention

Power of court

44.12 (1) A court may make an order described in subsection (3) if the court is

satisfied that

(a) copies of the work are about to be imported into Canada, or have been

imported into Canada but have not been released;

(b) the copies were either

(i) made without the consent of the person who is owner of the copyright in

the country where they were made, or

(ii) made elsewhere than in a country to which this Act extends; and

importer and the importer knows or should have known this.

Who may apply

(2) A court may make an order described in subsection (3) on application by the

owner of the copyright in a work in Canada.

Order of court

(3) In an order made under subsection (1), the court may

(a) direct the Minister

(i) to take reasonable measures, on the basis of information reasonably

required by the Minister and provided by the applicant, to detain the copies

of the work, and

(ii) to notify the applicant and the importer, immediately after detaining the

copies of the work, of the detention and the reasons for the detention; and

(b) provide for any other matters that the court considers appropriate.

How application made

(4) An application for an order under subsection (1) may be made in an action or

otherwise, and either on notice or ex parte, except that it must always be made

on notice to the Minister.

Security

(5) Before making an order under subsection (1), the court may require the

applicant to furnish security, in an amount fixed by the court,

(a) to cover duties, storage and handling charges and any other amount that

may become chargeable against the copies of the work; and

(b) to answer any damages that may by reason of the order be incurred by the

owner, importer or consignee of the work.

Application for directions

(6) The Minister may apply to the court for directions in implementing an order

made under subsection (1).

Minister may allow inspection

(7) The Minister may give the applicant or the importer an opportunity to inspect

the detained copies of the work for the purpose of substantiating or refuting, as

the case may be, the applicant’s claim.

If applicant fails to commence action

(8) Unless an order made under subsection (1) provides otherwise, the Minister

shall, subject to the Customs Act and to any other Act of Parliament that prohibits,

controls or regulates the importation or exportation of goods, release the copies

of the work without further notice to the applicant if, within 10 working days after

the applicant has been notified under subparagraph (3)(a)(ii), the applicant has

not notified the Minister that they have commenced a proceeding for a final

determination by the court of the issues referred to in paragraphs (1)(b) and (c).

If court finds in plaintiff’s favour

(9) If, in a proceeding commenced under this section, the court is satisfied that

the circumstances referred to in paragraphs (1)(b) and (c) existed, the court may

make any order that it considers appropriate in the circumstances, including an

order that the copies of the work be destroyed, or that they be delivered up to the

plaintiff as the plaintiff’s property absolutely.

Other remedies not affected

(10) For greater certainty, nothing in this section affects any remedy available

under any other provision of this Act or any other Act of Parliament.

2014, c. 32, s. 5.

Importation of books

44.2 (1) A court may, subject to this section, make an order described in

subsection 44.12(3) in relation to a book where the court is satisfied that

(a) copies of the book are about to be imported into Canada, or have been

imported into Canada but have not yet been released;

(b) copies of the book were made with the consent of the owner of the

imported without the consent of the owner in Canada of the copyright in the

book; and

importer and the importer knows or should have known this.

Who may apply

(2) A court may make an order described in subsection 44.12(3) in relation to a

book on application by

(a) the owner of the copyright in the book in Canada;

(b) the exclusive licensee of the copyright in the book in Canada; or

Limitation

(3) Subsections (1) and (2) only apply where there is an exclusive distributor of

the book and the acts described in those subsections take place in the part of

Canada or in respect of the particular sector of the market for which the person is

the exclusive distributor.

Application of certain provisions

(4) Subsections 44.12(3) to (10) apply, with such modifications as the

circumstances require, in respect of an order made under subsection (1).

1994, c. 47, s. 66; 1997, c. 24, s. 28; 2014, c. 32, s. 6.

Limitation

44.3 No exclusive licensee of the copyright in a book in Canada, and no exclusive

distributor of a book, may obtain an order under section 44.2 against another

exclusive licensee of the copyright in that book in Canada or against another

exclusive distributor of that book.

1997, c. 24, s. 28.

Importation of other subject-matter

44.4 Section 44.12 applies, with such modifications as the circumstances require,

in respect of a sound recording, performer’s performance or communication

signal, where a fixation or a reproduction of a fixation of it

(a) is about to be imported into Canada, or has been imported into Canada but

has not yet been released;

(b) either

(i) was made without the consent of the person who then owned the

communication signal, as the case may be, in the country where the

fixation or reproduction was made, or

(ii) was made elsewhere than in a country to which Part II extends; and

performer’s performance or communication signal if it was made in Canada by

the importer and the importer knows or should have known this.

1997, c. 24, s. 28; 2014, c. 32, s. 6.

Exceptions

45 (1) Notwithstanding anything in this Act, it is lawful for a person

(a) to import for their own use not more than two copies of a work or other

subject-matter made with the consent of the owner of the copyright in the

country where it was made;

(b) to import for use by a department of the Government of Canada or a

province copies of a work or other subject-matter made with the consent of the

owner of the copyright in the country where it was made;

Canada, to import any copies, except copies of a book, made with the consent

of the owner of the copyright in the country where the copies were made, that

are required for the use of a library, archive, museum or educational

institution;

(d) to import, for the use of a library, archive, museum or educational

institution, not more than one copy of a book that is made with the consent of

the owner of the copyright in the country where the book was made; and

(e) to import copies, made with the consent of the owner of the copyright in

the country where they were made, of any used books, except textbooks of a

scientific, technical or scholarly nature for use within an educational institution

in a course of instruction.

Satisfactory evidence

(2) An officer of customs may, in the officer’s discretion, require a person seeking

to import a copy of a work or other subject-matter under this section to produce

satisfactory evidence of the facts necessary to establish the person’s right to

import the copy.

R.S., 1985, c. C-42, s. 45; R.S., 1985, c. 41 (3rd Supp.), s. 117; 1993, c. 44, s. 67; 1994, c. 47, s.

67; 1997, c. 24, s. 28.

PART V

Administration

46 The Copyright Office shall be attached to the Patent Office.

R.S., c. C-30, s. 29.

Powers of Commissioner and Registrar

47 The Commissioner of Patents shall exercise the powers conferred and

perform the duties imposed on him by this Act under the direction of the Minister,

and, in the absence of the Commissioner of Patents or if the Commissioner is

unable to act, the Registrar of Copyrights or other officer temporarily appointed by

the Minister may, as Acting Commissioner, exercise those powers and perform

those duties under the direction of the Minister.

R.S., c. C-30, s. 30.

Registrar

48 There shall be a Registrar of Copyrights.

R.S., c. C-30, s. 31.

49 The Commissioner of Patents, the Registrar of Copyrights or an officer, clerk

or employee of the Copyright Office may sign certificates and certified copies of

the Register of Copyrights.

R.S., 1985, c. C-42, s. 49; 1992, c. 1, s. 47; 1993, c. 15, s. 4.

Other duties of Registrar

50 The Registrar of Copyrights shall perform such other duties in connection with

the administration of this Act as may be assigned to him by the Commissioner of

Patents.

R.S., c. C-30, s. 33.

51 [Repealed, 1992, c. 1, s. 48]

Control of business and officials

52 The Commissioner of Patents shall, subject to the Minister, oversee and direct

the officers, clerks and employees of the Copyright Office, have general control of

the business thereof and perform such other duties as are assigned to him by the

Governor in Council.

R.S., c. C-30, s. 35.

53 (1) The Register of Copyrights is evidence of the particulars entered in it, and

a copy of an entry in the Register is evidence of the particulars of the entry if it is

certified by the Commissioner of Patents, the Registrar of Copyrights or an

officer, clerk or employee of the Copyright Office as a true copy.

Owner of copyright

(2) A certificate of registration of copyright is evidence that the copyright subsists

and that the person registered is the owner of the copyright.

Assignee

(2.1) A certificate of registration of an assignment of copyright is evidence that the

right recorded on the certificate has been assigned and that the assignee

registered is the owner of that right.

Licensee

(2.2) A certificate of registration of a licence granting an interest in a copyright is

evidence that the interest recorded on the certificate has been granted and that

the licensee registered is the holder of that interest.

Admissibility

(3) A certified copy or certificate appearing to have been issued under this section

is admissible in all courts without proof of the signature or official character of the

person appearing to have signed it.

R.S., 1985, c. C-42, s. 53; 1992, c. 1, s. 49; 1993, c. 15, s. 5; 1997, c. 24, s. 30.

Registration

54 (1) The Minister shall cause to be kept at the Copyright Office a register to be

called the Register of Copyrights in which may be entered

(a) the names or titles of works and of other subject-matter in which copyright

subsists;

(b) the names and addresses of authors, performers, makers of sound

recordings, broadcasters, owners of copyright, assignees of copyright, and

persons to whom an interest in copyright has been granted by licence; and

(2) [Repealed, 1997, c. 24, s. 31]

Single entry sufficient

(3) In the case of an encyclopaedia, newspaper, review, magazine or other

periodical work, or work published in a series of books or parts, it is not necessary

to make a separate entry for each number or part, but a single entry for the whole

work is sufficient.

Indices

(4) There shall also be kept at the Copyright Office such indices of the Register

established under this section as may be prescribed by regulation.

Inspection and extracts

(5) The Register and indices established under this section shall at all reasonable

times be open to inspection, and any person is entitled to make copies of or take

extracts from the Register.

Former registration effective

(6) Any registration made under the Copyright Act, chapter 70 of the Revised

Statutes of Canada, 1906, has the same force and effect as if made under this

Act.

Subsisting copyright

(7) Any work in which copyright, operative in Canada, subsisted immediately

before January 1, 1924 is registrable under this Act.

R.S., 1985, c. C-42, s. 54; 1992, c. 1, s. 50; 1997, c. 24, s. 31.

55 (1) Application for the registration of a copyright in a work may be made by or

on behalf of the author of the work, the owner of the copyright in the work, an

assignee of the copyright, or a person to whom an interest in the copyright has

been granted by licence.

Application for registration

(2) An application under subsection (1) must be filed with the Copyright Office, be

accompanied by the fee prescribed by or determined under the regulations, and

contain the following information:

(a) the name and address of the owner of the copyright in the work;

(b) a declaration that the applicant is the author of the work, the owner of the

interest in the copyright has been granted by licence;

(d) the title of the work;

(e) the name of the author and, if the author is dead, the date of the author’s

death, if known;

(f) in the case of a published work, the date and place of the first publication;

and

(g) any additional information prescribed by regulation.

R.S., 1985, c. C-42, s. 55; 1997, c. 24, s. 32.

56 (1) Application for the registration of a copyright in subject-matter other than a

work may be made by or on behalf of the owner of the copyright in the subject-

matter, an assignee of the copyright, or a person to whom an interest in the

Application for registration

(2) An application under subsection (1) must be filed with the Copyright Office, be

accompanied by the fee prescribed by or determined under the regulations, and

contain the following information:

(a) the name and address of the owner of the copyright in the subject-matter;

(b) a declaration that the applicant is the owner of the copyright in the subject-

matter, an assignee of the copyright, or a person to whom an interest in the

recording or a communication signal;

(d) the title, if any, of the subject-matter;

(e) the date of

(i) in the case of a performer’s performance, its first fixation in a sound

recording or, if it is not fixed in a sound recording, its first performance,

(ii) in the case of a sound recording, the first fixation, or

(iii) in the case of a communication signal, its broadcast; and

(f) any additional information prescribed by regulation.

R.S., 1985, c. C-42, s. 56; 1993, c. 15, s. 6; 1997, c. 24, s. 32.

Recovery of damages

56.1 Where a person purports to have the authority to apply for the registration of

a copyright under section 55 or 56 on behalf of another person, any damage

caused by a fraudulent or erroneous assumption of such authority is recoverable

in any court of competent jurisdiction.

1997, c. 24, s. 32.

Registration of assignment or licence

57 (1) The Registrar of Copyrights shall register an assignment of copyright, or a

licence granting an interest in a copyright, on being furnished with

(a) the original instrument or a certified copy of it, or other evidence

satisfactory to the Registrar of the assignment or licence; and

(b) the fee prescribed by or determined under the regulations.

(2) [Repealed, 1992, c. 1, s. 51]

When assignment or licence is void

(3) Any assignment of copyright, or any licence granting an interest in a copyright,

shall be adjudged void against any subsequent assignee or licensee for valuable

consideration without actual notice, unless the prior assignment or licence is

registered in the manner prescribed by this Act before the registering of the

instrument under which the subsequent assignee or licensee claims.

Rectification of Register by the Court

(4) The Federal Court may, on application of the Registrar of Copyrights or of any

interested person, order the rectification of the Register of Copyrights by

(a) the making of any entry wrongly omitted to be made in the Register,

(b) the expunging of any entry wrongly made in or remaining on the Register,

and any rectification of the Register under this subsection shall be retroactive

from such date as the Court may order.

R.S., 1985, c. C-42, s. 57; 1992, c. 1, s. 51; 1993, c. 15, s. 7; 1997, c. 24, s. 33.

Execution of instruments

58 (1) Any assignment of a copyright, or any licence granting an interest in a

country, a Rome Convention country or a WPPT country by the assignor, licensor

or secured or hypothecary debtor, before any notary public, commissioner or

other official, or the judge of any court, who is authorized by law to administer

oaths or certify documents in that place and who also subscribes their signature

and affixes to, or impresses on, the assignment or licence their official seal or the

seal of the court of which they are a judge.

Execution of instruments

(2) Any assignment of copyright, or any licence granting an interest in a copyright,

may be executed, subscribed or acknowledged by the assignor, licensor or

mortgagor, in any other foreign country before any notary public, commissioner or

other official or the judge of any court of the foreign country, who is authorized to

administer oaths or perform notarial acts in that foreign country and whose

authority shall be proved by the certificate of a diplomatic or consular officer of

Canada performing their functions in that foreign country.

Seals to be evidence

(3) The official seal or seal of the court or the certificate of a diplomatic or

consular officer is evidence of the execution of the instrument, and the instrument

with the seal or certificate affixed or attached thereto is admissible as evidence in

any action or proceeding brought under this Act without further proof.

Other testimony

(4) The provisions of subsections (1) and (2) shall be deemed to be permissive

only, and the execution of any assignment of copyright, or any licence granting an

interest in a copyright, may in any case be proved in accordance with the

applicable rules of evidence.

R.S., 1985, c. C-42, s. 58; 1997, c. 24, s. 34; 2012, c. 20, s. 50.

Fees

Fees regulations

59 The Governor in Council may make regulations

(a) prescribing fees, or the manner of determining fees, to be paid for anything

required or authorized to be done in the administration of this Act; and

(b) prescribing the time and manner in which the fees must be paid.

R.S., 1985, c. C-42, s. 59; 1993, c. 15, s. 8.

PART VI

Miscellaneous Provisions

Substituted Right

Subsistence of substituted right

60 (1) Where any person is immediately before January 1, 1924 entitled to any

right in any work that is set out in column I of Schedule I, or to any interest in such

a right, he is, as from that date, entitled to the substituted right set out in column II

of that Schedule, or to the same interest in the substituted right, and to no other

right or interest, and the 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.

Where author has assigned the right

(2) Where the author of any work in which any right that is set out in column I of

Schedule I subsists on January 1, 1924 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 January 1, 1924

and then subsisting shall determine, but the person who immediately before the

date at which the right would have expired was the owner of the right or interest is

entitled at his option either

(a) on giving such notice as is 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

(b) without any 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 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 payment,

and the notice referred to in paragraph (a) must be given not more than one year

or less than six months before the date at which the right would have 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.

Definition of author

(3) For the purposes of this section, author includes the legal representatives of a

deceased author.

Works made before this Act in force

(4) Subject to this Act, copyright shall not subsist in any work made before

January 1, 1924 otherwise than under and in accordance with the provisions of

this section.

R.S., 1985, c. C-42, s. 60; R.S., 1985, c. 10 (4th Supp.), s. 17(F); 1997, c. 24, s. 52(F).

Clerical Errors

Clerical errors do not invalidate

61 Clerical errors in any instrument of record in the Copyright Office do not

invalidate the instrument, but they may be corrected under the authority of the

Registrar of Copyrights.

R.S., 1985, c. C-42, s. 61; 1992, c. 1, s. 52; 1993, c. 15, s. 10.

Regulations

62 (1) The Governor in Council may make regulations

(a) for the purposes of paragraph 30.01(6)(d), respecting measures, which

may vary according to circumstances specified in the regulations;

(b) for the purposes of paragraph 30.02(3)(d), respecting measures, which

may vary according to circumstances specified in the regulations;

section 41.25 and prescribing the information that must be and that is not

permitted to be contained in it;

(d) prescribing anything that by this Act is to be prescribed by regulation; and

(e) generally for carrying out the purposes and provisions of this Act.

Rights saved

(2) 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

does 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 those

rights and interests.

R.S., 1985, c. C-42, s. 62; 1997, c. 24, s. 37; 2012, c. 20, s. 51; 2018, c. 27, s. 246.

Industrial Designs and Topographies 63 [Repealed, 1997, c. 24, s. 38]

Interpretation

64 (1) In this section and section 64.1,

article means any thing that is made by hand, tool or machine; (objet)

design means features of shape, configuration, pattern or ornament and any

combination of those features that, in a finished article, appeal to and are judged

solely by the eye; (dessin)

useful article means an article that has a utilitarian function and includes a

model of any such article; (objet utilitaire)

utilitarian function, in respect of an article, means a function other than merely

serving as a substrate or carrier for artistic or literary matter. (fonction utilitaire)

Non-infringement re certain designs

(2) Where copyright subsists in a design applied to a useful article or in an artistic

work from which the design is derived and, by or under the authority of any

person who owns the copyright in Canada or who owns the copyright elsewhere,

(a) the article is reproduced in a quantity of more than fifty, or

(b) where the article is a plate, engraving or cast, the article is used for

producing more than fifty useful articles,

it shall not thereafter be an infringement of the copyright or the moral rights for

anyone

from the design of the article by

(i) making the article, or

(ii) making a drawing or other reproduction in any material form of the

article, or

(d) to do with an article, drawing or reproduction that is made as described in

paragraph (c) anything that the owner of the copyright has the sole right to do

with the design or artistic work in which the copyright subsists.

Exception

(3) Subsection (2) does not apply in respect of the copyright or the moral rights in

an artistic work in so far as the work is used as or for

(a) a graphic or photographic representation that is applied to the face of an

article;

(b) a trademark or a representation thereof or a label;

goods or surface coverings or for making wearing apparel;

(d) an architectural work that is a building or a model of a building;

(e) a representation of a real or fictitious being, event or place that is applied

to an article as a feature of shape, configuration, pattern or ornament;

(f) articles that are sold as a set, unless more than fifty sets are made; or

(g) such other work or article as may be prescribed by regulation.

Idem

(4) Subsections (2) and (3) apply only in respect of designs created after the

coming into force of this subsection, and section 64 of this Act and the Industrial

Design Act, as they read immediately before the coming into force of this

subsection, as well as the rules made under them, continue to apply in respect of

designs created before that coming into force.

R.S., 1985, c. C-42, s. 64; R.S., 1985, c. 10 (4th Supp.), s. 11; 1993, c. 44, s. 68; 1997, c. 24, s.

39; 2014, c. 20, s. 366(E).

Non-infringement re useful article features

64.1 (1) The following acts do not constitute an infringement of the copyright or

moral rights in a work:

(a) applying to a useful article features that are dictated solely by a utilitarian

function of the article;

(b) by reference solely to a useful article, making a drawing or other

reproduction in any material form of any features of the article that are dictated

solely by a utilitarian function of the article;

or with a drawing or reproduction made as described in paragraph (b),

anything that the owner of the copyright has the sole right to do with the work;

and

(d) using any method or principle of manufacture or construction.

Exception

(2) Nothing in subsection (1) affects

(a) the copyright, or

(b) the moral rights, if any,

in any sound recording, cinematograph film or other contrivance by means of

which a work may be mechanically reproduced or performed.

R.S., 1985, c. 10 (4th Supp.), s. 11; 1997, c. 24, s. 40.

Application of Act to topographies

64.2 (1) This Act does not apply, and shall be deemed never to have applied, to

any topography or to any design, however expressed, that is intended to generate

all or part of a topography.

Computer programs

(2) For greater certainty, the incorporation of a computer program into an

integrated circuit product or the incorporation of a work into such a computer

program may constitute an infringement of the copyright or moral rights in a work.

Definitions

(3) In this section, “topography” and “integrated circuit product” have the same

meaning as in the Integrated Circuit Topography Act.

1990, c. 37, s. 33.

65 [Repealed, 1993, c. 44, s. 69]

PART VII

Establishment

66 (1) There is established a Board to be known as the Copyright Board,

consisting of not more than five members, including a Chair and a Vice-chair, to

be appointed by the Governor in Council.

Service

(2) The members of the Board shall be appointed to serve either full-time or part-

time.

Chair

(3) The Chair must be a judge, either sitting or retired, of a superior court.

Tenure

(4) Each member of the Board shall hold office during good behaviour for a term

not exceeding five years, but may be removed at any time by the Governor in

Council for cause.

Re-appointment

(5) A member of the Board is eligible to be re-appointed once only.

Prohibition

(6) A member of the Board shall not be employed in the public service within the

meaning of the Federal Public Sector Labour Relations Act during the member’s

term of office.

Members deemed public service employees

(7) A full-time member of the Board, other than the Chair, is deemed to be

employed in

(a) the public service for the purposes of the Public Service Superannuation

Act; and

(b) the federal public administration for the purposes of any regulations made

pursuant to section 9 of the Aeronautics Act.

R.S., 1985, c. C-42, s. 66; R.S., 1985, c. 10 (1st Supp.), s. 1, c. 10 (4th Supp.), s. 12; 2003, c. 22, s.

154(E), 224(E), 225(E); 2017, c. 9, s. 55; 2018, c. 27, s. 290.

Duties of Chair

66.1 (1) The Chair shall direct the work of the Board and apportion its work

among its members.

Absence or incapacity of Chair

(2) If the Chair is absent or incapacitated or if the office of Chair is vacant, the

Vice-chair has all the powers and functions of the Chair during the absence,

incapacity or vacancy.

Duties of Vice-chair

(3) The Vice-chair is the chief executive officer of the Board and has supervision

over and direction of the Board and its staff.

R.S., 1985, c. 10 (4th Supp.), s. 12; 2018, c. 27, s. 291(E).

Remuneration and expenses

66.2 The members of the Board shall be paid such remuneration as may be fixed

by the Governor in Council and are entitled to be paid reasonable travel and living

expenses incurred by them in the course of their duties under this Act while

absent from their ordinary place of residence.

R.S., 1985, c. 10 (4th Supp.), s. 12.

Conflict of interest prohibited

66.3 (1) A member of the Board shall not, directly or indirectly, engage in any

activity, have any interest in a business or accept or engage in any office or

employment that is inconsistent with the member’s duties.

Termination of conflict of interest

(2) Where a member of the Board becomes aware that he is in a conflict of

interest contrary to subsection (1), the member shall, within one hundred and

twenty days, terminate the conflict or resign.

R.S., 1985, c. 10 (4th Supp.), s. 12.

Staff

66.4 (1) Such officers and employees as are necessary for the proper conduct of

the work of the Board shall be appointed in accordance with the Public Service

Employment Act.

Idem

(2) The officers and employees referred to in subsection (1) shall be deemed to

be employed in the public service for the purposes of the Public Service

Superannuation Act.

Technical assistance

(3) The Board may engage on a temporary basis the services of persons having

technical or specialized knowledge to advise and assist in the performance of its

duties and the Board may, in accordance with Treasury Board directives, fix and

pay the remuneration and expenses of those persons.

R.S., 1985, c. 10 (4th Supp.), s. 12; 2003, c. 22, s. 225(E).

Concluding matters after membership expires

66.5 (1) A member of the Board whose term expires may conclude the matters

that the member has begun to consider.

Decisions

(2) Matters before the Board shall be decided by a majority of the members of the

Board and the presiding member shall have a second vote in the case of a tie.

R.S., 1985, c. 10 (4th Supp.), s. 12.

Fair and equitable

66.501 The Board shall fix royalty and levy rates and any related terms and

conditions under this Act that are fair and equitable, in consideration of

(a) what would have been agreed upon between a willing buyer and a willing

seller acting in a competitive market with all relevant information, at arm’s

length and free of external constraints;

(b) the public interest;

(d) any other criterion that the Board considers appropriate.

2018, c. 27, s. 292.

Informal and expeditious

66.502 All matters before the Board shall be dealt with as informally and

expeditiously as the circumstances and considerations of fairness permit but, in

any case, within any period or no later than any day provided for under this Act.

2018, c. 27, s. 292.

For greater certainty

66.503 For greater certainty, any person or entity may authorize any other person

or entity to act on their behalf in any matter before the Board.

2018, c. 27, s. 292.

Case manager

66.504 (1) The Chair may assign a member, officer or employee of the Board or a

person engaged under subsection 66.4(3) to act as a case manager of a matter

before the Board.

Powers

(2) The case manager may give any directions or make any orders with respect to

the case management of the matter, but is not permitted to make a direction or

order that is inconsistent with

(a) this Act;

(b) regulations made under subsection 66.6(1), unless authorized to do so

under regulations made under paragraph 66.6(1.1)(b); or

do so under regulations made under paragraph 66.91(2)(d).

Deemed direction or order of Board

(3) A direction given, or an order made, by a case manager is deemed to be a

direction or order of the Board, including for the purposes of paragraph 28(1)(j) of

the Federal Courts Act.

Delegation

(4) The Chair may delegate his or her power under subsection (1) to the Vice-

chair.

2018, c. 27, s. 292.

Interim decisions

66.51 The Board may, on application, make an interim decision.

R.S., 1985, c. 10 (4th Supp.), s. 12.

Variation of decisions

66.52 A decision of the Board respecting royalties or their related terms and

conditions that is made under subsection 70(1), 71(2), 76.1(1) or 83(8) may, on

application, be varied by the Board if, in its opinion, there has been a material

change in circumstances since the decision was made.

R.S., 1985, c. 10 (4th Supp.), s. 12; 1988, c. 65, s. 64; 1997, c. 24, s. 42; 2018, c. 27, s. 293.

Regulations

66.6 (1) The Board may, with the approval of the Governor in Council, make

regulations governing

(a) the practice and procedure in respect of the Board’s hearings, including

the number of members of the Board that constitutes a quorum;

(b) the time and manner in which applications and notices must be made or

given;

notices; and

(d) the carrying out of the work of the Board, the management of its internal

affairs and the duties of its officers and employees.

Case management

(1.1) The Board may, with the approval of the Governor in Council, make

regulations governing the case management of matters before the Board,

including regulations

(a) governing the directions a case manager may give and the orders they

may make; and

(b) authorizing a case manager to give a direction or make an order that

adapts, restricts or excludes the application of any provision of regulations

made under subsection (1) to a matter or any step in a matter.

Publication of proposed regulations

(2) A copy of each regulation that the Board proposes to make under subsection

(1) or (1.1) shall be published in the Canada Gazette at least 60 days before the

regulation’s proposed effective date, and a reasonable opportunity shall be given

to interested persons to make representations with respect to the regulation.

Exception

(3) No proposed regulation that has been published pursuant to subsection (2)

need again be published under that subsection, whether or not it has been altered

as a result of representations made with respect thereto.

R.S., 1985, c. 10 (4th Supp.), s. 12; 2018, c. 27, s. 294.

General powers, etc.

66.7 (1) The Board has, with respect to the attendance, swearing and

examination of witnesses, the production and inspection of documents, the

enforcement of its decisions and other matters necessary or proper for the due

exercise of its jurisdiction, all such powers, rights and privileges as are vested in a

superior court of record.

Enforcement of decisions

(2) Any decision of the Board may, for the purposes of its enforcement, be made

an order of the Federal Court or of any superior court and is enforceable in the

same manner as an order thereof.

Procedure

(3) To make a decision of the Board an order of a court, the usual practice and

procedure of the court in such matters may be followed or a certified copy of the

decision may be filed with the registrar of the court and thereupon the decision

becomes an order of the court.

Effect of variation of decision

(4) Where a decision of the Board that has been made an order of a court is

varied by a subsequent decision of the Board, the order of the court shall be

deemed to have been varied accordingly and the subsequent decision may, in the

same manner, be made an order of the court.

R.S., 1985, c. 10 (4th Supp.), s. 12; 2002, c. 8, s. 131(F).

Distribution, publication of notices

66.71 Independently of any other provision of this Act relating to the distribution or

publication of information or documents by the Board, the Board may at any time

cause to be distributed or published, in any manner and on any terms and

conditions that it sees fit, any notice that it sees fit to be distributed or published.

1997, c. 24, s. 43.

Studies

66.8 The Board shall conduct such studies with respect to the exercise of its

powers as are requested by the Minister.

R.S., 1985, c. 10 (4th Supp.), s. 12.

Report

66.9 (1) The Board shall, not later than August 31 in each year, submit to the

Governor in Council through the Minister an annual report on the Board’s

activities for the preceding year describing briefly the applications made to the

Board, the Board’s decisions and any other matter that the Board considers

relevant.

Tabling

(2) The Minister shall cause a copy of each annual report to be laid before each

House of Parliament on any of the first fifteen days on which that House is sitting

after the Minister receives the report.

R.S., 1985, c. 10 (4th Supp.), s. 12.

Regulations

66.91 (1) The Governor in Council may make regulations issuing policy directions

to the Board and establishing general criteria to be applied by the Board or to

which the Board must have regard

(a) in establishing fair and equitable royalties to be paid pursuant to this Act;

and

(b) in rendering its decisions in any matter within its jurisdiction.

Regulations regarding time

(2) The Governor in Council may make regulations

(a) establishing the day by which, or the period within which, a matter before

the Board — and any procedural step in the matter, whether set out in a

provision of this Act or not — must be completed;

(b) establishing the minimum length of the effective period for the purposes of

subsections 68.1(2) and 83(4);

(d) authorizing the Board or a case manager to give a direction or make an

order that adapts, restricts or excludes the application of any provision of

regulations made under any of paragraphs (a) to (c) to a matter or any step in

a matter.

Inconsistency or conflict

(3) Regulations made under subsection (2) prevail over regulations made under

subsection 66.6(1) or (1.1) to the extent of an inconsistency or conflict between

them.

1997, c. 24, s. 44; 2018, c. 27, s. 295.

PART VII.1

Collective Administration of Copyright

Collective Societies

Filing of proposed tariffs

67 (1) A collective society may file a proposed tariff with the Board for the

purpose of establishing royalties with respect to rights the collective society

administers under section 3, 15, 18, 19 or 21.

Mandatory filing for certain royalties

(2) However, a collective society shall file a proposed tariff with the Board for the

purpose of establishing royalties referred to in subsection 29.7(2) or (3) or

paragraph 31(2)(d).

Entering into agreements

(3) A collective society may enter into agreements for the purpose of establishing

royalties with respect to rights the collective society administers under section 3,

15, 18, 19 or 21, other than royalties referred to in subsection 29.7(2) or (3) or

paragraph 31(2)(d).

R.S., 1985, c. C-42, s. 67; R.S., 1985, c. 10 (1st Supp.), s. 1, c. 10 (4th Supp.), s. 12; 1993, c. 23, s.

3; 1997, c. 24, s. 45; 2018, c. 27, s. 296.

Designation of collective society — paragraph 19(2)(a)

67.1 On application by a collective society, the Board may designate the

collective society as the sole collective society authorized to collect all royalties

referred to in paragraph 19(2)(a) with respect to a sound recording of a musical

work.

R.S., 1985, c. 10 (4th Supp.), s. 12; 1997, c. 24, s. 45; 2001, c. 34, s. 35(E); 2012, c. 20, s. 52;

2018, c. 27, s. 296.

Requests regarding repertoire

67.2 A collective society shall answer, within a reasonable time, all reasonable

requests from any person for information about its repertoire of works,

performer’s performances, sound recordings or communication signals.

R.S., 1985, c. 10 (4th Supp.), s. 12; 1993, c. 23, s. 4, c. 44, ss. 71, 79; 1997, c. 24, s. 45; 2018, c.

27, s. 296.

67.3 [Repealed, 1997, c. 24, s. 45]

Tariffs

Proposed Tariffs

Filing

68 A proposed tariff must be filed no later than October 15 of the second calendar

year before the calendar year in which the proposed tariff is to take effect or, if a

day is established under regulations made under subsection 66.91(2), no later

than that day.

R.S., 1985, c. C-42, s. 68; R.S., 1985, c. 10 (4th Supp.), s. 13; 1993, c. 23, s. 5; 1997, c. 24, s.

45; 2012, c. 20, s. 53; 2018, c. 27, s. 296.

Form and content

68.1 (1) A proposed tariff must be filed in both official languages and include

(a) the acts to which the tariff is to apply;

(b) the proposed royalty rates and any related terms and conditions; and

Minimum effective period

(2) A proposed tariff’s effective period must be at least three calendar years or, if

a minimum period is established under regulations made under subsection 66.91

(2), at least that minimum period.

1997, c. 24, s. 45; 2018, c. 27, s. 296.

Publication and notification

68.2 The Board, in the manner that it sees fit,

(a) shall publish the proposed tariff as well as a notice that any objection to the

proposed tariff must be filed within the period set out in subsection 68.3(2);

and

(b) may distribute a notice — or cause it to be distributed or published, on any

terms and conditions that the Board sees fit — of the publication of the tariff

and of the notice referred to in paragraph (a) to any person affected by the

proposed tariff.

1997, c. 24, s. 45; 2012, c. 20, s. 54; 2018, c. 27, s. 296.

Filing of objection

68.3 (1) An objection to a proposed tariff may be filed with the Board by

(a) an educational institution, if the proposed tariff is filed for the purpose of

collecting royalties referred to in subsection 29.7(2) or (3);

(b) a retransmitter, as defined in subsection 31(1), if the proposed tariff is filed

for the purpose of collecting royalties referred to in paragraph 31(2)(d); or

Time for filing objection

(2) An objection shall be filed no later than the 30th day after the day on which the

Board published the proposed tariff under paragraph 68.2(a) or, if a day is

established under the regulations made under subsection 66.91(2), no later than

that day.

Copy to collective society

(3) The Board shall provide a copy of the filed objection to the collective society.

2018, c. 27, s. 296.

Reply to objection

68.4 (1) The collective society may file a reply to an objection with the Board.

Copy to be provided

(2) The Board shall provide a copy of the filed reply to the person or entity that

filed the objection.

2018, c. 27, s. 296.

Withdrawal or Amendment of Proposed Tariff

Request to withdraw or amend

69 A collective society may, before a proposed tariff filed by it has been approved

by the Board, make an application to the Board requesting that

(a) the proposed tariff be withdrawn; or

(b) a reference to an act set out in the proposed tariff be excluded from the

approved tariff for all of the proposed effective period or, despite subsection

68.1(2), for a portion of that period.

R.S., 1985, c. C-42, s. 69; R.S., 1985, c. 10 (4th Supp.), s. 14; 1993, c. 44, s. 73; 1997, c. 24, s. 52

(F); 2018, c. 27, s. 296.

Approval by Board

69.1 (1) The Board shall approve an application made under section 69 if it is

satisfied that

(a) the collective society has provided sufficient public notice of its intention to

make the application;

(b) every person who, in respect of the proposed effective period, has paid

royalties that would not be payable if the application were approved has

(i) consented to the application,

(ii) received a refund of the royalties, or

(iii) entered into an agreement under subsection 67(3) that covers the act,

repertoire or proposed effective period that is the subject of the application;

and

portion of the proposed effective period, the application is not made for the

purpose of improperly circumventing the required minimum effective period.

For greater certainty

(2) For greater certainty, the approval of an application made under section 69

does not preclude the collective society from filing, in accordance with this Act, a

proposed tariff that deals in whole or in part with the act, repertoire or proposed

effective period that was the subject of the application.

2018, c. 27, s. 296.

Approval of Tariffs

Approval

70 (1) The Board shall — within the period, if any, that is established under

regulations made under subsection 66.91(2) — approve the proposed tariff after

making any alterations to the royalty rates and the related terms and conditions,

or fixing any new related terms and conditions, that the Board considers

appropriate.

Factors — performances of musical works and sound recordings

(2) In approving a proposed tariff for the performance in public or the

communication to the public by telecommunication of performer’s performances

of musical works, or of sound recordings embodying such performer’s

performances, the Board shall ensure that

(a) the tariff applies in respect of performer’s performances and sound

recordings only in the situations referred to in the provisions of section 20

other than subsections 20(3) and (4);

(b) the tariff does not, because of linguistic and content requirements of

Canada’s broadcasting policy set out in section 3 of the Broadcasting Act,

place some users that are subject to that Act at a greater financial

disadvantage than others; and

payment.

Small cable transmission system

(3) The Board shall fix a preferential royalty rate for small cable transmission

systems in approving a tariff for

(a) the performance in public of musical works or dramatico-musical works, of

performer’s performances of such works, or of sound recordings embodying

such works; or

(b) the communication to the public by telecommunication of musical works or

dramatico-musical works, other than as described in subsection 31(2), of

performer’s performances of such works, or of sound recordings embodying

such works.

Small retransmission systems

(4) The Board shall fix a preferential royalty rate for small retransmission systems

in approving a tariff for royalties referred to in paragraph 31(2)(d).

For greater certainty

(5) For greater certainty, the Board may determine, in respect of any tariff that it

approves, the portion of the royalties that is to be paid to each collective society.

No discrimination

(6) For greater certainty, the Board must not discriminate between owners of

royalties referred to in subsection 29.7(2) or (3) or paragraph 31(2)(d).

Regulations

(7) The Governor in Council may make regulations defining “small cable

transmission system” and “small retransmission system” for the purposes of this

section.

R.S., 1985, c. C-42, s. 70; R.S., 1985, c. 10 (4th Supp.), s. 15; 2018, c. 27, s. 296.

Publication of approved tariff

70.1 The Board shall publish the approved tariff in the Canada Gazette and

provide a copy of it, together with the reasons for the Board’s decision, to

(a) the collective society that filed the proposed tariff;

(b) every collective society that is authorized to collect royalties under the

tariff;

(d) any other person or entity that, in the Board’s opinion, ought to receive the

copy and reasons.

R.S., 1985, c. 10 (4th Supp.), s. 16; 1997, c. 24, s. 46; 2018, c. 27, s. 296.

70.11 [Repealed, 2018, c. 27, s. 296]

70.12 [Repealed, 2018, c. 27, s. 296]

70.13 [Repealed, 2018, c. 27, s. 296]

70.14 [Repealed, 2018, c. 27, s. 296]

70.15 [Repealed, 2018, c. 27, s. 296]

70.16 [Repealed, 2018, c. 27, s. 296]

70.17 [Repealed, 2018, c. 27, s. 296]

70.18 [Repealed, 2018, c. 27, s. 296]

70.19 [Repealed, 2018, c. 27, s. 296]

70.191 [Repealed, 2018, c. 27, s. 296]

70.2 [Repealed, 2018, c. 27, s. 296]

70.3 [Repealed, 2018, c. 27, s. 296]

70.4 [Repealed, 2018, c. 27, s. 296]

70.5 [Repealed, 2018, c. 27, s. 296]

70.6 [Repealed, 2018, c. 27, s. 296]

70.61 to 70.8 [Repealed, 1997, c. 24, s. 50]

Fixing of Royalty Rates in Individual Cases

Application to fix

71 (1) If a collective society and a user are unable to agree on royalties to be paid

with respect to rights under section 3, 15, 18, 19 or 21, other than royalties

referred to in subsection 29.7(2) or (3) or paragraph 31(2)(d), or are unable to

agree on any related terms and conditions, the collective society or user may,

after giving notice to the other party, apply to the Board to fix the royalty rates or

any related terms and conditions, or both.

Fixing royalties, etc.

(2) The Board may, for a period that the Board may specify, fix the royalty rates or

their related terms and conditions, or both, as the case may be.

Application of subsections 70(2) and (3)

(3) Subsections 70(2) and (3) apply, with any necessary modifications, to the

fixing of royalty rates or terms and conditions, or both, by the Board under

subsection (2).

For greater certainty

(4) For greater certainty, the Board may deny an application made under

subsection (1) or any part of one.

Copy of decision and reasons

(5) The Board shall send a copy of the decision and the reasons for it to the

collective society and the user.

Definition of user

(6) In this section, user means

(a) a user who is not otherwise authorized to do an act referred to in section 3,

15, 18 or 21 in respect of the works, performer’s performances, sound

recordings or communication signals included in a collective society’s

repertoire; or

(b) a user who is required to pay, in respect of sound recordings included in a

collective society’s repertoire, a royalty referred to in section 19 that has not

otherwise been fixed or agreed on.

R.S., 1985, c. C-42, s. 71; 1997, c. 24, s. 50; 2012, c. 20, s. 55; 2018, c. 27, s. 296.

Agreement

71.1 The Board shall not proceed with an application under section 71 in respect

of any matter in issue on which an agreement has been reached, if a notice is

filed with the Board that such an agreement has been reached.

2018, c. 27, s. 296.

Special Rules Related to Royalty Rates

Special royalty rates

72 (1) Subsections (2) and (3) apply despite the tariffs approved by the Board

under section 70, or despite the royalty rates fixed under subsection 71(2), for the

performance in public or the communication to the public by telecommunication of

performer’s performances of musical works or of sound recordings embodying

such performer’s performances.

Wireless transmission systems

(2) For wireless transmission systems, other than community systems and public

transmission systems, broadcasters shall pay

(a) $100 on the first $1.25 million of annual advertising revenues in respect of

each year; and

(b) 100% of the royalties set out in the approved tariff or fixed under

subsection 71(2) for that year on any portion of annual advertising revenues

exceeding $1.25 million.

Community systems

(3) For community systems, broadcasters shall pay royalties of $100 in respect of

each year.

Effect of paying royalties

(4) The payment of the royalties set out in subsection (2) or (3) fully discharges all

liabilities of the system in question in respect of the approved tariffs or the

royalties fixed under subsection 71(2).

Definition of advertising revenues

(5) The Board may, by regulation, define “advertising revenues” for the purposes

of subsection (2).

Regulations

(6) The Governor in Council may make regulations defining “community system”,

“public transmission system” and “wireless transmission system” for the purposes

of this section.

1997, c. 24, s. 50; 1999, c. 31, s. 61; 2002, c. 26, s. 3; 2018, c. 27, s. 296.

Radio performances in places other than theatres

72.1 (1) In respect of public performances by means of any radio receiving set in

any place other than a theatre that is ordinarily and regularly used for

entertainments to which an admission charge is made, no royalties shall be

collectable from the owner or user of the radio receiving set, but the Board shall,

in so far as possible, provide for the collection in advance from radio broadcasting

stations of royalties appropiate to the conditions produced by the provisions of

this subsection and shall fix the amount of the same.

Expenses to be taken into account

(2) In fixing royalties under subsection (1), the Board shall take into account all

expenses of collection and other outlays, if any, saved or savable by, for or on

behalf of the owner of the copyright or performing right concerned or their agents,

in consequence of that subsection.

2018, c. 27, s. 296.

Effects Related to Tariffs and Fixing of Royalty Rates

Permitted Acts and Enforcement

Effect of fixing royalties

73 Without prejudice to any other remedies available to it, the collective society

concerned may collect the royalties specified in an approved tariff or fixed by the

Board under subsection 71(2) for the applicable period and, in default of their

payment, recover them in a court of competent jurisdiction.

1997, c. 24, s. 50; 1999, c. 31, s. 62; 2002, c. 26, s. 4; 2018, c. 27, s. 296.

Order — compliance with terms and conditions

73.1 Without prejudice to any other remedies available to it, the collective society

concerned may apply to a court of competent jurisdiction for an order directing a

person to comply with any terms and conditions that are set out in an approved

tariff or that are fixed by the Board under subsection 71(2).

2018, c. 27, s. 296.

Continuation of rights

73.2 If a proposed tariff’s effective period begins before the proposed tariff is

approved, and immediately after the expiry of the previous tariff, then, from the

start of the effective period of the proposed tariff until the earlier of its approval

and the end of its effective period,

(a) any person authorized under the previous tariff to do an act that is referred

to in section 3, 15, 18 or 21 and that is covered by the proposed tariff may do

so; and

(b) the collective society may collect the royalties in accordance with the

previous tariff.

2018, c. 27, s. 296.

Proceedings barred — tariff

73.3 No proceedings may be brought against a person for the infringement of a

right with respect to an act referred to in section 3, 15, 18 or 21 if

(a) the person has paid or offered to pay the royalties set out in an approved

tariff that apply with respect to that act;

(b) in the case where section 73.2 applies with respect to that act, the person

has paid or offered to pay the royalties referred to in paragraph 73.2(b); or

section 73.2 does not apply with respect to it, the person has offered to pay

the royalties that are included in a proposed tariff and that will apply to that act

once the tariff is approved.

2018, c. 27, s. 296.

Approval of request made under section 69

73.4 If the Board approves an application made under section 69, no proceedings

may be brought against a person for the infringement of a right with respect to an

act referred to in section 3, 15, 18 or 21 if

(a) the proposed tariff, if approved, will not apply to the act as a result of the

Board’s approval of the application; and

(b) the act occurs during the effective period set out in the proposed tariff and

before the first anniversary of the day on which the collective society made its

application under section 69 or, if a day has been established by regulations

made under subsection 66.91(2), before that day.

2018, c. 27, s. 296.

Effect of fixing of royalties

73.5 (1) If any royalties or related terms and conditions are fixed under subsection

71(2) in respect of a person, the person may, during the applicable period and on

paying or offering to pay the applicable royalties, do the act referred to in section

3, 15, 18 or 21 with respect to which the royalties or related terms and conditions

are fixed, subject to those related terms and conditions and to the terms and

conditions established by the collective society and the person.

Authority during application

(2) If an application is made under subsection 71(1), a person in respect of whom

royalties or terms and conditions may be fixed may, until the Board’s final

decision on the application, do an act referred to in section 3, 15, 18 or 21 to

which the application applies if the person has offered to pay the applicable

royalties in accordance with any applicable related terms and conditions.

2018, c. 27, s. 296.

Effects of Agreement

No application

74 An approved tariff and any royalty rates and related terms and conditions fixed

by the Board under subsection 71(2), as well as sections 73.2 to 73.5, do not

apply to a person in respect of the matters covered by an agreement referred to

in subsection 67(3) that applies to the person.

1997, c. 24, s. 50; 2018, c. 27, s. 296.

Claim by Copyright Owner — Particular Royalties

Claims by non-members

75 (1) An owner of copyright who does not authorize a collective society to

collect, for that person’s benefit, royalties referred to in paragraph 31(2)(d) is, if

the work is communicated to the public by telecommunication during a period

when an approved tariff that is applicable to that kind of work is effective, entitled

to be paid those royalties by the collective society that is designated by the

Board, of its own motion or on application, subject to the same conditions as

those to which a person who has so authorized that collective society is subject.

Payment to non-members

(2) An owner of copyright who does not authorize a collective society to collect,

for that person’s benefit, royalties referred to in subsection 29.7(2) or (3) is, if

such royalties are payable during a period when an approved tariff that is

applicable to that kind of work or other subject matter is effective, entitled to be

paid those royalties by the collective society that is designated by the Board, of its

own motion or on application, subject to the same conditions as those to which a

person who has so authorized that collective society is subject.

Exclusion of other remedies

(3) The entitlement referred to in subsections (1) and (2) is the only remedy of the

owner of the copyright for the payment of royalties for the communication, making

of the copy or sound recording or performance in public, as the case may be.

Measures

(4) The Board may, for the purposes of this section,

(a) require a collective society to file with the Board information relating to

payments of royalties collected by it to the persons who have authorized it to

collect those royalties; and

(b) by regulation, establish periods of not less than 12 months within which the

entitlements referred to in subsections (1) and (2) must be exercised,

beginning on

(i) the making of the copy, in the case of royalties referred to in subsection

29.7(2),

(ii) the performance in public, in the case of royalties referred to in

subsection 29.7(3), or

(iii) the communication to the public by telecommunication, in the case of

royalties referred to in paragraph 31(2)(d).

1997, c. 24, s. 50; 2018, c. 27, s. 296.

Examination of Agreements

Definition of Commissioner

76 (1) For the purposes of this section and section 76.1, Commissioner means

the Commissioner of Competition appointed under the Competition Act.

Filing agreement with the Board

(2) If a collective society enters into an agreement under subsection 67(3) with a

user, either party may file a copy of the agreement with the Board within 15 days

after it is entered into.

Non-application of section 45 of Competition Act

(3) Section 45 of the Competition Act does not apply in respect of any royalties or

related terms and conditions arising under an agreement filed in accordance with

subsection (2).

Access by Commissioner

(4) The Commissioner may have access to the copy of an agreement filed in

accordance with subsection (2).

Request for examination

(5) If the Commissioner considers that an agreement filed in accordance with

subsection (2) is contrary to the public interest, he or she may, after advising the

parties, request that the Board examine it.

1997, c. 24, s. 50; 2012, c. 20, s. 56; 2018, c. 27, s. 296.

Examination and fixing of royalty

76.1 (1) The Board shall consider a request by the Commissioner to examine an

agreement and may, after giving the Commissioner and the parties to the

agreement an opportunity to present their arguments, alter the royalties and any

related terms and conditions arising under the agreement or fix new related terms

and conditions.

Copy of decision and reasons

(2) The Board shall send a copy of the decision and the reasons for it to the

parties and to the Commissioner.

2018, c. 27, s. 296.

PART VII.2

Certain Applications to Board

Owners Who Cannot be Located

Circumstances in which licence may be issued by Board

77 (1) Where, on application to the Board by a person who wishes to obtain a

licence to use

(a) a published work,

(b) a fixation of a performer’s performance,

(d) a fixation of a communication signal

in which copyright subsists, the Board is satisfied that the applicant has made

reasonable efforts to locate the owner of the copyright and that the owner cannot

be located, the Board may issue to the applicant a licence to do an act mentioned

in section 3, 15, 18 or 21, as the case may be.

Conditions of licence

(2) A licence issued under subsection (1) is non-exclusive and is subject to such

terms and conditions as the Board may establish.

Payment to owner

(3) The owner of a copyright may, not later than five years after the expiration of a

licence issued pursuant to subsection (1) in respect of the copyright, collect the

royalties fixed in the licence or, in default of their payment, commence an action

to recover them in a court of competent jurisdiction.

Regulations

(4) The Copyright Board may make regulations governing the issuance of

licences under subsection (1).

1997, c. 24, s. 50.

Compensation for Acts Done Before Recognition of Copyright or Moral Rights

Board may determine compensation

78 (1) Subject to subsection (2), for the purposes of subsections 32.4(2), 32.5(2),

33(2), 33.1(2) and 33.2(2), the Board may, on application by any of the parties

referred to in one of those provisions, determine the amount of the compensation

referred to in that provision that the Board considers reasonable, having regard to

all the circumstances, including any judgment of a court in an action between the

parties for the enforcement of a right mentioned in subsection 32.4(3) or 32.5(3).

Limitation

(2) The Board shall not

(a) proceed with an application under subsection (1) where a notice is filed

with the Board that an agreement regarding the matters in issue has been

reached; or

(b) where a court action between the parties for enforcement of a right

referred to in subsection 32.4(3) or 32.5(3), as the case may be, has been

commenced, continue with an application under subsection (1) until the court

action is finally concluded.

Interim orders

(3) Where the Board proceeds with an application under subsection (1), it may,

for the purpose of avoiding serious prejudice to any party, make an interim order

requiring a party to refrain from doing any act described in the order until the

determination of compensation is made under subsection (1).

1997, c. 24, s. 50; 2012, c. 20, s. 57.

PART VIII

Private Copying

Interpretation

Definitions

79 In this Part,

audio recording medium means a recording medium, regardless of its material

form, onto which a sound recording may be reproduced and that is of a kind

ordinarily used by individual consumers for that purpose, excluding any

prescribed kind of recording medium; (support audio)

blank audio recording medium means

(a) an audio recording medium onto which no sounds have ever been fixed,

and

(b) any other prescribed audio recording medium; (support audio vierge)

collecting body means the collective society, or other society, association or

corporation, that is designated as the collecting body under subsection 83(8);

(organisme de perception)

eligible author means an author of a musical work, whether created before or

after the coming into force of this Part, that is embodied in a sound recording,

whether made before or after the coming into force of this Part, if copyright

subsists in Canada in that musical work; (auteur admissible)

eligible maker means a maker of a sound recording that embodies a musical

work, whether the first fixation of the sound recording occurred before or after the

coming into force of this Part, if

(a) both the following two conditions are met:

(i) the maker, at the date of that first fixation, if a corporation, had its

headquarters in Canada or, if a natural person, was a Canadian citizen or

permanent resident within the meaning of subsection 2(1) of the

Immigration and Refugee Protection Act, and

(ii) copyright subsists in Canada in the sound recording, or

(b) the maker, at the date of that first fixation, if a corporation, had its

headquarters in a country referred to in a statement published under section

85 or, if a natural person, was a citizen, subject or permanent resident of such

a country; (producteur admissible)

eligible performer means the performer of a performer’s performance of a

musical work, whether it took place before or after the coming into force of this

Part, if the performer’s performance is embodied in a sound recording and

(a) both the following two conditions are met:

(i) the performer was, at the date of the first fixation of the sound recording,

a Canadian citizen or permanent resident within the meaning of subsection

2(1) of the Immigration and Refugee Protection Act, and

(ii) copyright subsists in Canada in the performer’s performance, or

(b) the performer was, at the date of the first fixation of the sound recording, a

citizen, subject or permanent resident of a country referred to in a statement

published under section 85; (artiste-interprète admissible)

prescribed means prescribed by regulations made under this Part. (Version

anglaise seulement)

1997, c. 24, s. 50; 2001, c. 27, s. 240.

Copying for Private Use

Where no infringement of copyright

80 (1) Subject to subsection (2), the act of reproducing all or any substantial part

(a) a musical work embodied in a sound recording,

(b) a performer’s performance of a musical work embodied in a sound

recording, or

of a musical work, is embodied

onto an audio recording medium for the private use of the person who makes the

copy does not constitute an infringement of the copyright in the musical work, the

performer’s performance or the sound recording.

Limitation

(2) Subsection (1) does not apply if the act described in that subsection is done

for the purpose of doing any of the following in relation to any of the things

referred to in paragraphs (1)(a) to (c):

(a) selling or renting out, or by way of trade exposing or offering for sale or

rental;

(b) distributing, whether or not for the purpose of trade;

(d) performing, or causing to be performed, in public.

1997, c. 24, s. 50.

Right of Remuneration

Right of remuneration

81 (1) Subject to and in accordance with this Part, eligible authors, eligible

performers and eligible makers have a right to receive remuneration from

manufacturers and importers of blank audio recording media in respect of the

reproduction for private use of

(a) a musical work embodied in a sound recording;

(b) a performer’s performance of a musical work embodied in a sound

recording; or

of a musical work, is embodied.

Assignment of rights

(2) Subsections 13(4) to (7) apply, with such modifications as the circumstances

require, in respect of the rights conferred by subsection (1) on eligible authors,

performers and makers.

1997, c. 24, s. 50.

Levy on Blank Audio Recording Media

Liability to pay levy

82 (1) Every person who, for the purpose of trade, manufactures a blank audio

recording medium in Canada or imports a blank audio recording medium into

Canada

(a) is liable, subject to subsection (2) and section 86, to pay a levy to the

collecting body on selling or otherwise disposing of those blank audio

recording media in Canada; and

(b) shall, in accordance with subsection 83(8), keep statements of account of

the activities referred to in paragraph (a), as well as of exports of those blank

audio recording media, and shall furnish those statements to the collecting

body.

No levy for exports

(2) No levy is payable where it is a term of the sale or other disposition of the

blank audio recording medium that the medium is to be exported from Canada,

and it is exported from Canada.

1997, c. 24, s. 50.

Filing of proposed tariffs

83 (1) Subject to subsection (14), each collective society may file with the Board a

proposed tariff for the benefit of those eligible authors, eligible performers and

eligible makers who, by assignment, grant of licence, appointment of the society

as their agent or otherwise, authorize it to act on their behalf for that purpose, but

no person other than a collective society may file any such tariff.

Filing of proposed tariff

(2) A proposed tariff must be filed no later than October 15 of the second

calendar year before the calendar year in which the proposed tariff is to take

effect or, if a day is established under regulations made under subsection 66.91

(2), no later than that day.

Form and content

(3) A proposed tariff must be filed in both official languages and include

(a) the proposed levy rates and any related terms and conditions; and

(b) the effective period of the proposed tariff.

It may also include a suggestion as to whom the Board should designate under

paragraph (8)(b).

Minimum effective period

(4) A proposed tariff’s effective period must be at least three calendar years or, if

a minimum period is established under regulations made under subsection 66.91

(2), at least that minimum period.

Publication

(5) The Board, in the manner that it sees fit, shall publish the proposed tariff and a

notice that any person or entity who files an objection must do so no later than the

30th day after the day on which the Board made the proposed tariff public or, if a

day is established under regulations made under subsection 66.91(2), no later

than that day.

Copy of objection

(6) The Board shall provide a copy of the filed objection to each collective society

concerned.

(7) Each collective society concerned may file a reply to an objection with the

Board.

Copy to objector

(7.1) The Board shall provide a copy of the filed reply to the person or entity that

filed the objection.

Approval

(8) The Board shall, within the period that is established under regulations made

under subsection 66.91(2),

(a) approve a proposed tariff, after making any alterations to the levy rates

and the related terms and conditions, or fixing any new related terms and

conditions, that the Board considers appropriate; and

(b) subject to subsection (8.2), designate as the collecting body the collective

society or other society, association or corporation that, in the Board’s opinion,

will best fulfil the objects of sections 82, 84 and 86.

Terms and conditions

(8.1) The related terms and conditions may include terms and conditions such as

the form, content and frequency of the statements of account referred to in

subsection 82(1), measures for the protection of confidential information

contained in those statements, and the times at which the levies are payable.

Designation

(8.2) The Board is not obligated to designate a collecting body under paragraph

(8)(b) if it has previously done so, and a designation under that paragraph

remains in effect until the Board, under a proposed tariff or on a separate

application, makes another designation.

Publication of approved tariffs

(9) The Board shall publish the approved tariff in the Canada Gazette and provide

a copy of it, together with the reasons for the Board’s decision, to

(a) the collecting body;

(b) each collective society that filed a proposed tariff;

(d) any other person or entity that, in the Board’s opinion, ought to receive the

copy and reasons.

Continuation of rights

(10) If a proposed tariff’s effective period begins before the proposed tariff is

approved and that effective period begins immediately after the expiry of the

previous tariff, then — from the start of the effective period of the proposed tariff

until the earlier of its approval and the end of its effective period — the collecting

body may collect the levies in accordance with the previous tariff.

Authors, etc., not represented by collective society

(11) An eligible author, eligible performer or eligible maker who does not

authorize a collective society to file a proposed tariff under subsection (1) is

entitled, in relation to

(a) a musical work,

(b) a performer’s performance of a musical work, or

of a musical work, is embodied,

as the case may be, to be paid by the collective society that is designated by the

Board, of the Board’s own motion or on application, the remuneration referred to

in section 81 if such remuneration is payable during a period when an approved

tariff that is applicable to that kind of work, performer’s performance or sound

recording is effective, subject to the same conditions as those to which a person

who has so authorized that collective society is subject.

Exclusion of other remedies

(12) The entitlement referred to in subsection (11) is the only remedy of the

eligible author, eligible performer or eligible maker referred to in that subsection in

respect of the reproducing of sound recordings for private use.

Powers of Board

(13) The Board may, for the purposes of subsections (11) and (12),

(a) require a collective society to file with the Board information relating to

payments of moneys received by the society pursuant to section 84 to the

persons who have authorized it to file a tariff under subsection (1); and

(b) by regulation, establish the periods, which shall not be less than twelve

months, beginning when the applicable approved tariff ceases to be effective,

within which the entitlement referred to in subsection (11) must be exercised.

Single proposed tariff

(14) Where all the collective societies that intend to file a proposed tariff authorize

a particular person or body to file a single proposed tariff on their behalf, that

person or body may do so, and in that case this section applies, with such

modifications as the circumstances require, in respect of that proposed tariff.

1997, c. 24, s. 50; 2018, c. 27, s. 297.

Distribution of Levies Paid

Distribution by collecting body

84 As soon as practicable after receiving the levies paid to it, the collecting body

shall distribute the levies to the collective societies representing eligible authors,

eligible performers and eligible makers, in the proportions fixed by the Board.

1997, c. 24, s. 50.

Reciprocity

85 (1) Where the Minister is of the opinion that another country grants or has

undertaken to grant to performers and makers of sound recordings that are

Canadian citizens or permanent residents within the meaning of subsection 2(1)

of the Immigration and Refugee Protection Act or, if corporations, have their

headquarters in Canada, as the case may be, whether by treaty, convention,

agreement or law, benefits substantially equivalent to those conferred by this

Part, the Minister may, by a statement published in the Canada Gazette,

(a) grant the benefits conferred by this Part to performers or makers of sound

recordings that are citizens, subjects or permanent residents of or, if

corporations, have their headquarters in that country; and

(b) declare that that country shall, as regards those benefits, be treated as if it

were a country to which this Part extends.

Reciprocity

(2) Where the Minister is of the opinion that another country neither grants nor

has undertaken to grant to performers or makers of sound recordings that are

Canadian citizens or permanent residents within the meaning of subsection 2(1)

of the Immigration and Refugee Protection Act or, if corporations, have their

headquarters in Canada, as the case may be, whether by treaty, convention,

agreement or law, benefits substantially equivalent to those conferred by this

Part, the Minister may, by a statement published in the Canada Gazette,

(a) grant the benefits conferred by this Part to performers or makers of sound

recordings that are citizens, subjects or permanent residents of or, if

corporations, have their headquarters in that country, as the case may be, to

the extent that that country grants those benefits to performers or makers of

sound recordings that are Canadian citizens or permanent residents within the

meaning of subsection 2(1) of the Immigration and Refugee Protection Act or,

if corporations, have their headquarters in Canada; and

(b) declare that that country shall, as regards those benefits, be treated as if it

were a country to which this Part extends.

Application of Act

(3) Any provision of this Act that the Minister specifies in a statement referred to

in subsection (1) or (2)

(a) applies in respect of performers or makers of sound recordings covered by

that statement, as if they were citizens of or, if corporations, had their

headquarters in Canada; and

(b) applies in respect of a country covered by that statement, as if that country

were Canada.

Application of Act

(4) Subject to any exceptions that the Minister may specify in a statement referred

to in subsection (1) or (2), the other provisions of this Act also apply in the way

described in subsection (3).

1997, c. 24, s. 50; 2001, c. 27, s. 241.

Exemption from Levy

Where no levy payable

86 (1) No levy is payable under this Part where the manufacturer or importer of a

blank audio recording medium sells or otherwise disposes of it to a society,

association or corporation that represents persons with a perceptual disability.

Refunds

(2) Where a society, association or corporation referred to in subsection (1)

(a) purchases a blank audio recording medium in Canada from a person other

than the manufacturer or importer, and

(b) provides the collecting body with proof of that purchase, on or before June

30 in the calendar year following the calendar year in which the purchase was

made,

the collecting body is liable to pay forthwith to the society, association or

corporation an amount equal to the amount of the levy paid in respect of the blank

audio recording medium purchased.

If registration system exists

(3) If regulations made under paragraph 87(a) provide for the registration of

societies, associations or corporations that represent persons with a perceptual

disability, subsections (1) and (2) shall be read as referring to societies,

associations or corporations that are so registered.

1997, c. 24, s. 50.

Regulations

87 The Governor in Council may make regulations

(a) respecting the exemptions and refunds provided for in section 86,

including, without limiting the generality of the foregoing,

(i) regulations respecting procedures governing those exemptions and

refunds,

(ii) regulations respecting applications for those exemptions and refunds,

and

(iii) regulations for the registration of societies, associations or

corporations that represent persons with a perceptual disability;

(b) prescribing anything that by this Part is to be prescribed; and

1997, c. 24, s. 50.

Civil Remedies

Right of recovery

88 (1) Without prejudice to any other remedies available to it, the collecting body

may, for the period specified in an approved tariff, collect the levies due to it

under the tariff and, in default of their payment, recover them in a court of

competent jurisdiction.

Failure to pay royalties

(2) The court may order a person who fails to pay any levy due under this Part to

pay an amount not exceeding five times the amount of the levy to the collecting

body. The collecting body must distribute the payment in the manner set out in

section 84.

Order directing compliance

(3) Where any obligation imposed by this Part is not complied with, the collecting

body may, in addition to any other remedy available, apply to a court of

competent jurisdiction for an order directing compliance with that obligation.

Factors to consider

(4) Before making an order under subsection (2), the court must take into account

(a) whether the person who failed to pay the levy acted in good faith or bad

faith;

(b) the conduct of the parties before and during the proceedings; and

1997, c. 24, s. 50.

PART IX

General Provisions

No copyright, etc., except by statute

89 No person is entitled to copyright otherwise than under and in accordance with

this Act or any other Act of Parliament, but nothing in this section shall be

construed as abrogating any right or jurisdiction in respect of a breach of trust or

confidence.

1997, c. 24, s. 50.

Interpretation

90 No provision of this Act relating to

(a) copyright in performer’s performances, sound recordings or

communication signals, or

(b) the right of performers or makers to remuneration

shall be construed as prejudicing any rights conferred by Part I or, in and of itself,

as prejudicing the amount of royalties that the Board may fix in respect of those

rights.

1997, c. 24, s. 50.

Adherence to Berne and Rome Conventions

91 The Governor in Council shall take such measures as are necessary to secure

the adherence of Canada to

(a) the Convention for the Protection of Literary and Artistic Works concluded

at Berne on September 9, 1886, as revised by the Paris Act of 1971; and

(b) the International Convention for the Protection of Performers, Producers of

Phonograms and Broadcasting Organisations, done at Rome on October 26,

1961.

1997, c. 24, s. 50.

Review of Act

92 Five years after the day on which this section comes into force and at the end

of each subsequent period of five years, a committee of the Senate, of the House

of Commons or of both Houses of Parliament is to be designated or established

for the purpose of reviewing this Act.

1997, c. 24, s. 50; 2012, c. 20, s. 58.

SCHEDULE I

(Section 60)

Existing Rights

Column I Column II

Existing Right Substituted Right

Works other than Dramatic and Musical Works

Musical and Dramatic Works

Both copyright and

performing right

or any substantial part thereof in public.

Performing right, but not

The sole right to perform the work in public, but none of the other rights

comprised in copyright as defined by this Act.

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 on January 1, 1924 or would if this

Act had not been passed have become entitled under section 18 of An Act to amend the Law of

For the purposes of this Schedule the following expressions, where used in

column I thereof, have the following meanings:

before January 1, 1924 has not been published before that date and statutory

any, to restrain publication or other dealing with the work;

Performing right, in the case of a work that has not been performed in public

before January 1, 1924, includes the right at common law, if any, to restrain

the performance thereof in public.

R.S., c. C-30, Sch. I; 1976-77, c. 28, s. 10.

SCHEDULE II

[Repealed, 1993, c. 44, s. 74]

SCHEDULE III

[Repealed, 1997, c. 24, s. 51]

RELATED PROVISIONS

— R.S., 1985, c. 10 (4th Supp.), ss. 23 to 26

Application re moral rights

23 (1) The rights referred to in section 14.1 of the Copyright Act, as enacted by section

4, subsist in respect of a work even if the work was created before the coming into

force of section 4.

Restriction

(2) A remedy referred to in subsection 34(1.1) of the Copyright Act, as enacted by

section 8, may only be obtained where the infringement of the moral rights of the author

occurs after the coming into force of section 8.

Idem

(3) Notwithstanding subsection (1) and the repeal by section 3 of subsection 14(4) of

the Copyright Act, the rights referred to in section 14.1 of that Act, as enacted by

section 4, are not enforceable against

(a) a person who, on the coming into force of this section, is the owner of the

(b) a person authorized by a person described in paragraph (a) to do an act

mentioned in section 3 of that Act,

in respect of any thing done during the period for which the person described in

paragraph (a) is the owner or for which the licence is in force, and the rights referred to

in subsection 14(4) of that Act continue to be enforceable against a person described in

paragraph (a) or (b) during that period as if subsection 14(4) of that Act were not

repealed.

— R.S., 1985, c. 10 (4th Supp.), ss. 23 to 26

Application re computer programs

24 Subsection 1(2), the definition computer program in subsection 1(3) and section 5

apply in respect of a computer program that was made prior to the day on which those

provisions come into force but where, by virtue only of subsections 1(2) and (3) and this

section, copyright subsists in a computer program that was made prior to May 27,

1987, nothing done in respect of the computer program before May 27, 1987 shall be

construed to constitute an infringement of the copyright.

— R.S., 1985, c. 10 (4th Supp.), ss. 23 to 26

Making of records, perforated rolls, etc.

25 It shall be deemed not to be an infringement of copyright in any musical, literary or

dramatic work for any person to make within Canada during the six months following

the coming into force of section 7 records, perforated rolls or other contrivances by

means of which sounds may be reproduced and by means of which the work may be

mechanically performed, if the person proves

(a) that before the coming into force of section 7, the person made such

contrivances in respect of that work in accordance with section 29 or 30 of the

immediately before the coming into force of section 7; and

(b) that the making would, had it occurred before the coming into force of section 7,

have been deemed not to have been an infringement of copyright by section 29 or

30 of the Copyright Act, as it read immediately before the coming into force of

section 7.

— R.S., 1985, c. 10 (4th Supp.), ss. 23 to 26

Infringements before coming into force

26 Subsection 64(1) and section 64.1 of the Copyright Act, as enacted by section 11,

apply in respect of any alleged infringement of copyright occurring prior to, on or after

the day on which section 11 comes into force.

— 1993, c. 44, ss. 60(2), (3)

Application of amendments to s. 10

(2) Subject to subsection 75(2) of this Act, section 10 of the Copyright Act, as enacted

by subsection (1) of this section, applies to all photographs, whether made before or

after the coming into force of this section.

— 1993, c. 44, ss. 60(2), (3)

Application of amendments to s. 11

(3) Except as provided by section 75 of this Act,

(a) section 11 of the Copyright Act, as enacted by subsection (1) of this section,

applies only in respect of contrivances made after the coming into force of this

section; and

(b) section 11 of the Copyright Act, as it read immediately before the coming into

force of this section, continues to apply in respect of contrivances made before the

coming into force of this section.

— 1993, c. 44, ss. 75 to 77

Application of certain amendments

75 (1) Subject to subsection (2), amendments to the Copyright Act made by this Act

relating to the term of copyright apply in respect of all works, whether made before or

after the coming into force of this section.

Idem

(2) Where the term of the copyright in a work expires before the coming into force of

this section, nothing in this Act shall be construed as extending or reviving that term.

— 1993, c. 44, ss. 75 to 77

Cinematographs

76 (1) Except as provided by subsection (2) of this section, the Copyright Act, as

amended by this Act, applies in respect of all cinematographs, whether made before or

after the coming into force of this section, subject to subsection 75(2) of this Act.

Idem

(2) Section 10 of the Copyright Act, as that section read immediately before the coming

into force of this section and in so far as it governs who is the author of a photograph,

continues to apply in respect of all cinematographs made before the coming into force

of this section that were, before the coming into force of this section, protected as

photographs.

— 1993, c. 44, ss. 75 to 77

Application of section 5

77 Nothing in section 5 of the Copyright Act, as amended by this Act, confers copyright

on works made before the coming into force of this section that did not qualify for

into force of this section.

— 1997, c. 24, s. 18(2)

(2) Section 30 of the Act, as enacted by subsection (1) of this section, does not apply

in respect of collections referred to in section 30 that are published before the coming

into force of section 30. Such collections continue to be governed by paragraph 27(2)

(d) of the Act as it read before the coming into force of section 15 of this Act.

— 1997, c. 24, s. 20(4)

(4) Section 39.1 of the Copyright Act, as enacted by subsection (1) of this section,

applies in respect of

(a) proceedings commenced but not concluded before the coming into force of

subsection (1) of this section; and

(b) proceedings commenced after the coming into force of subsection (1) of this

section.

— 1997, c. 24, ss. 54 to 58.1

54 For greater certainty, all notices published under subsection 5(2) of the Copyright

Act before the coming into force of this section are deemed to have been validly made

and to have had force and effect in accordance with their terms.

— 1997, c. 24, ss. 54 to 58.1

54.1 Section 6 of the Copyright Act applies to a photograph in which copyright subsists

on the date of the coming into force of this section, if the author is

(a) a natural person who is the author of the photograph referred to in subsection 10

(2) of the Copyright Act, as enacted by section 7 of this Act; or

(b) the natural person referred to in subsection 10(1.1) of the Copyright Act, as

enacted by section 7 of this Act.

— 1997, c. 24, ss. 54 to 58.1

55 (1) Part II of the Copyright Act, as enacted by section 14 of this Act, shall be

construed as a replacement for subsections 5(3) to (6) and section 11 of the Copyright

Act as those provisions read immediately before the coming into force of subsection 5

(3) and section 8, respectively, of this Act.

(2) The rights conferred by Part II of the Copyright Act, as enacted by section 14 of this

Act, shall not be construed as diminishing the rights conferred by subsections 5(3) to

(6) and section 11 of the Copyright Act as those provisions read immediately before the

coming into force of subsection 5(3) and section 8, respectively, of this Act, in relation

to records, perforated rolls and other contrivances by means of which sounds may be

mechanically reproduced that were made before the coming into force of subsection 5

(3) and section 8, respectively, of this Act.

(3) Where an assignment of copyright or a grant of any interest therein

(a) was made before the coming into force of Part II of the Copyright Act, as

enacted by section 14 of this Act, and

(b) was made by the maker of a sound recording who was a natural person,

subsections 14(1) and (2) of the Copyright Act continue to apply in respect of that

assignment or grant, with such modifications as the circumstances require, as if the

sound recording was the work referred to in those subsections and the maker of the

sound recording was its author.

— 1997, c. 24, ss. 54 to 58.1

56 Nothing in this Act shall be construed as diminishing the right conferred by section

14.01 of the Copyright Act as that section read immediately before the coming into

force of section 12 of this Act.

— 1997, c. 24, ss. 54 to 58.1

57 For greater certainty, the amendments to the Copyright Act that eliminate references

to “British subject” and “Her Majesty’s Realms and Territories” do not affect any

force of those amendments.

— 1997, c. 24, ss. 54 to 58.1

58 Nothing in this Act shall be construed as reviving a copyright that expired before the

coming into force of this section.

— 1997, c. 24, ss. 54 to 58.1

58.1 No agreement concluded before April 25, 1996 that assigns a right or grants an

interest by licence in a right that would be a copyright or a right to remuneration under

this Act shall be construed as assigning or granting any rights conferred for the first

time by this Act, unless the agreement specifically provides for the assignment or grant.

— 1997, c. 24, ss. 62, 63

Coming into force

62 (1) The following provisions come into force or are deemed to have come into force

on June 30, 1996:

(a) the definitions exclusive distributor, educational institution and library, archive or

museum in section 2 of the Copyright Act, as enacted by subsection 1(5) of this Act;

(b) section 2.6 of the Copyright Act, as enacted by section 2 of this Act;

(d) section 45 of the Copyright Act, as enacted by section 28 of this Act.

(2) Notwithstanding subsection (1), the definition exclusive distributor referred to in

paragraph (1)(a) shall be read as follows during the period beginning on June 30, 1996

and ending on the day that is sixty days after the day on which this Act is assented to:

exclusive distributor means, in relation to a book, a person who has, before

or after the coming into force of this definition, been appointed in writing, by the

owner or exclusive licensee of the copyright in the book in Canada, as

(a) the only distributor of the book in Canada or any part of Canada, or

(b) the only distributor of the book in Canada or any part of Canada in

respect of a particular sector of the market. (distributeur exclusif)

(3) Notwithstanding paragraph (1)(d), paragraph 45(1)(e) of the Copyright Act, as

enacted by section 28 of this Act, shall be read as follows for the period beginning on

June 30, 1996 and ending on the day that is sixty days after the day on which this Act

is assented to:

(e) to import copies, made with the consent of the owner of the copyright in

the country where they were made, of any used books.

— 1997, c. 24, ss. 62, 63

63 (1) No exclusive distributor, within the meaning assigned to that expression by

subsection 62(2) of this Act, copyright owner or exclusive licensee is entitled to a

remedy referred to in the Copyright Act in relation to an infringement referred to in

subsection 27.1(1) or (2) of that Act, as enacted by section 15 of this Act, during the

period beginning on June 30, 1996 and ending on the day on which this Act is assented

to, unless

(a) before the infringement occurred, notice in writing has been given to the person

referred to in subsection 27.1(1) or (2) of that Act, as enacted by section 15 of this

Act, as the case may be, that

(i) there is an exclusive distributor of the book in Canada, and

(ii) section 27.1 of that Act came into force or was deemed to have come into

force on June 30, 1996; and

(b) in the case of an infringement referred to in section 27.1 of that Act, as enacted

by section 15 of this Act, the remedy is only in relation to a book that was imported

during that period and forms part of the inventory of the person referred to in section

27.1 of that Act on the day on which this Act is assented to.

(2) No exclusive distributor, copyright owner or exclusive licensee is entitled to a

remedy referred to in subsection (1) against an educational institution, library, archive

or museum.

(3) For greater certainty, the expiration of the period referred to in subsection 62(2) of

this Act does not affect the right of an exclusive distributor to continue, after the

expiration of that period, legal proceedings validly commenced during that period.

— 2004, c. 11, s. 21(4)

Application

21 (4) Subsection (1) applies in respect of unpublished works deposited in an archive

on or before September 1, 1999 or at any time after that date.

— 2012, c. 20, s. 59

No revival of copyright in photograph

59 (1) The repeal of section 10 of the Copyright Act by section 6 does not have the

effect of reviving copyright in any photograph in which, on the coming into force of that

section 6, copyright had expired.

Cases where corporations were deemed to be authors

(2) In any case in which, immediately before the coming into force of section 6, a

corporation is deemed, by virtue of subsection 10(2) of the Copyright Act as it read

before the coming into force of that section 6, to be the author of a photograph in which

the term determined in accordance with sections 6, 6.1, 6.2, 9, 11.1 or 12 of the

author of the photograph apart from that subsection 10(2).

Cases where individuals were deemed to be authors

(3) In any case in which an individual is deemed to be the author of a photograph, by

virtue of subsection 10(2) of the Copyright Act as it read before the coming into force of

section 6, the individual continues, after the coming into force of that section 6, to be

the author of that photograph for the purposes of the Copyright Act.

— 2012, c. 20, s. 60

Engraving, photograph or portrait

60 Subsection 13(2) of the Copyright Act, as it read immediately before the coming into

force of section 7, continues to apply with respect to any engraving, photograph or

portrait the plate or original of which was commissioned before the coming into force of

that section 7.

— 2012, c. 20, s. 61

No revival of copyright

61 Subsections 23(1) to (2) of the Copyright Act, as enacted by section 17, do not have

the effect of reviving the copyright, or a right to remuneration, in any performer’s

performance or sound recording in which the copyright or the right to remuneration had

expired on the coming into force of those subsections.

— 2012, c. 20, s. 62

Limitation or prescription period

62 (1) Subsection 43.1(1) of the Copyright Act, as enacted by section 49, applies only

to proceedings with respect to an act or omission that occurred after the coming into

force of that section.

Former limitation or prescription period continued

(2) Subsection 41(1) of the Copyright Act, as it read immediately before the coming into

force of section 47, applies to proceedings with respect to an infringement that

occurred before the coming into force of that section.

— 2015, c. 36, s. 82

No revival of copyright

82 Paragraph 23(1)(b) and subsection 23(1.1) of the Copyright Act, as enacted by

section 81, do not have the effect of reviving the copyright, or a right to remuneration, in

a sound recording or performer’s performance fixed in a sound recording in which the

provisions.

— 2018, c. 27, s. 299

Paragraphs 66.501(a) and (b)

299 The Copyright Board is not required to consider the criteria set out in paragraphs

66.501(a) and (b) of the Copyright Act, as enacted by section 292 of this Act, in a

matter in which it fixes royalty rates, levies or any related terms and conditions if the

matter is commenced before the day on which this section comes into force.

— 2018, c. 27, s. 300

Subsections 68.1(2) and 83(4)

300 Neither subsection 68.1(2) nor subsection 83(4) of the Copyright Act, as enacted

by sections 296 and 297 of this Act, respectively, applies with respect to a proposed

tariff filed before the day on which this section comes into force.

— 2018, c. 27, s. 301

Subsection 67.1(4)

301 Subsection 67.1(4) of the Copyright Act, as it read immediately before the day on

which this section comes into force, continues to apply with respect to

(a) an infringement referred to in that subsection that occurred before that day; and

(b) the recovery of royalties to be paid under section 19 of that Act in relation to an

act that occurred before that day.

Date modified:

2019-07-26

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https://laws-lois.justice.gc.ca/fra/lois/C-42/TexteComplet.html

Loi sur le droit d’auteur

(L.R.C. (1985), ch. C-42)

(telle que modifiée jusqu'au 17 juin 2019)

Loi concernant le droit d’auteur

Titre abrégé

1 Loi sur le droit d’auteur.

S.R., ch. C-30, art. 1.

Définitions et dispositions interprétatives

Définitions

2 Les définitions qui suivent s’appliquent à la présente loi.

accessible sur le marché S’entend, en ce qui concerne une oeuvre ou de

tout autre objet du droit d’auteur

a) qu’il est possible de se procurer, au Canada, à un prix et dans un délai

raisonnables, et de trouver moyennant des efforts raisonnables;

b) pour lequel il est possible d’obtenir, à un prix et dans un délai raisonnables

et moyennant des efforts raisonnables, une licence octroyée par une société

de gestion pour la reproduction, l’exécution en public ou la communication au

public par télécommunication, selon le cas. (commercially available)

appareil récepteur [Abrogée, 1993, ch. 44, art. 79]

artiste interprète [Abrogée, 1997, ch. 24, art. 1]

artiste-interprète Tout artiste-interprète ou exécutant. (French version only)

bibliothèque, musée ou service d’archives S’entend :

a) d’un établissement doté ou non de la personnalité morale qui :

(i) d’une part, n’est pas constitué ou administré pour réaliser des profits, ni

ne fait partie d’un organisme constitué ou administré pour réaliser des

profits, ni n’est administré ou contrôlé directement ou indirectement par un

tel organisme,

(ii) d’autre part, rassemble et gère des collections de documents ou

d’objets qui sont accessibles au public ou aux chercheurs;

b) de tout autre établissement à but non lucratif visé par règlement. (library,

archive or museum)

Commission La Commission du droit d’auteur constituée au titre du paragraphe

66(1). (Board)

compilation Les oeuvres résultant du choix ou de l’arrangement de tout ou

partie d’oeuvres littéraires, dramatiques, musicales ou artistiques ou de données.

(compilation)

conférence Sont assimilés à une conférence les allocutions, discours et

sermons. (lecture)

contrefaçon

a) À l’égard d’une oeuvre sur laquelle existe un droit d’auteur, toute

reproduction, y compris l’imitation déguisée, qui a été faite contrairement à la

présente loi ou qui a fait l’objet d’un acte contraire à la présente loi;

b) à l’égard d’une prestation sur laquelle existe un droit d’auteur, toute fixation

ou reproduction de celle-ci qui a été faite contrairement à la présente loi ou

qui a fait l’objet d’un acte contraire à la présente loi;

c) à l’égard d’un enregistrement sonore sur lequel existe un droit d’auteur,

toute reproduction de celle-ci qui a été faite contrairement à la présente loi ou

qui a fait l’objet d’un acte contraire à la présente loi;

d) à l’égard d’un signal de communication sur lequel existe un droit d’auteur,

toute fixation ou reproduction de la fixation qui a été faite contrairement à la

présente loi ou qui a fait l’objet d’un acte contraire à la présente loi.

La présente définition exclut la reproduction — autre que celle visée par l’alinéa

27(2)e) et l’article 27.1 — faite avec le consentement du titulaire du droit d’auteur

dans le pays de production. (infringing)

débit [Abrogée, 1997, ch. 24, art. 1]

déficience perceptuelle Déficience qui empêche la lecture ou l’écoute d’une

oeuvre littéraire, dramatique, musicale ou artistique sur le support original ou la

rend difficile, en raison notamment :

a) de la privation en tout ou en grande partie du sens de l’ouïe ou de la vue ou

de l’incapacité d’orienter le regard;

b) de l’incapacité de tenir ou de manipuler un livre;

c) d’une insuffisance relative à la compréhension. (perceptual disability)

distributeur exclusif S’entend, en ce qui concerne un livre, de toute personne

qui remplit les conditions suivantes :

a) le titulaire du droit d’auteur sur le livre au Canada ou le titulaire d’une

licence exclusive au Canada s’y rapportant lui a accordé, avant ou après

l’entrée en vigueur de la présente définition, par écrit, la qualité d’unique

distributeur pour tout ou partie du Canada ou d’unique distributeur pour un

secteur du marché pour tout ou partie du Canada;

b) elle répond aux critères fixés par règlement pris en vertu de l’article 2.6.

Il est entendu qu’une personne ne peut être distributeur exclusif au sens de la

présente définition si aucun règlement n’est pris en vertu de l’article 2.6.

(exclusive distributor)

droit d’auteur S’entend du droit visé :

a) dans le cas d’une oeuvre, à l’article 3;

b) dans le cas d’une prestation, aux articles 15 et 26;

c) dans le cas d’un enregistrement sonore, à l’article 18;

d) dans le cas d’un signal de communication, à l’article 21. (copyright)

droits moraux Les droits visés aux paragraphes 14.1(1) et 17.1(1). (moral

rights)

enregistrement sonore Enregistrement constitué de sons provenant ou non de

l’exécution d’une oeuvre et fixés sur un support matériel quelconque; est exclue

de la présente définition la bande sonore d’une oeuvre cinématographique

lorsqu’elle accompagne celle-ci. (sound recording)

établissement d’enseignement :

a) Établissement sans but lucratif agréé aux termes des lois fédérales ou

provinciales pour dispenser de l’enseignement aux niveaux préscolaire,

élémentaire, secondaire ou postsecondaire, ou reconnu comme tel;

b) établissement sans but lucratif placé sous l’autorité d’un conseil scolaire

régi par une loi provinciale et qui dispense des cours d’éducation ou de

formation permanente, technique ou professionnelle;

c) ministère ou organisme, quel que soit l’ordre de gouvernement, ou entité

sans but lucratif qui exerce une autorité sur l’enseignement et la formation

visés aux alinéas a) et b);

d) tout autre établissement sans but lucratif visé par règlement. (educational

institution)

gravure Sont assimilées à une gravure les gravures à l’eau-forte, les

lithographies, les gravures sur bois, les estampes et autres oeuvres similaires, à

l’exclusion des photographies. (engravings)

livre Tout volume ou toute partie ou division d’un volume présentés sous forme

imprimée, à l’exclusion :

a) des brochures;

b) des journaux, revues, magazines et autres périodiques;

c) des feuilles de musique, cartes, graphiques ou plans, s’ils sont publiés

séparément;

d) des manuels d’instruction ou d’entretien qui accompagnent un produit ou

sont fournis avec des services. (book)

locaux S’il s’agit d’un établissement d’enseignement, lieux où celui-ci dispense

l’enseignement ou la formation visés à la définition de ce terme ou exerce son

autorité sur eux. (premises)

membre de l’OMC Membre de l’Organisation mondiale du commerce au sens

du paragraphe 2(1) de la Loi de mise en oeuvre de l’Accord sur l’Organisation

mondiale du commerce. (WTO Member)

ministre Sauf aux articles 44 à 44.12, le ministre de l’Industrie. (Minister)

oeuvre Est assimilé à une oeuvre le titre de l’oeuvre lorsque celui-ci est original

et distinctif. (work)

oeuvre architecturale Tout bâtiment ou édifice ou tout modèle ou maquette de

bâtiment ou d’édifice. (architectural work)

oeuvre artistique Sont compris parmi les oeuvres artistiques les peintures,

dessins, sculptures, oeuvres architecturales, gravures ou photographies, les

oeuvres artistiques dues à des artisans ainsi que les graphiques, cartes, plans et

compilations d’oeuvres artistiques. (artistic work)

oeuvre chorégraphique S’entend de toute chorégraphie, que l’oeuvre ait ou

non un sujet. (choreographic work)

oeuvre cinématographique Y est assimilée toute oeuvre exprimée par un

procédé analogue à la cinématographie, qu’elle soit accompagnée ou non d’une

bande sonore. (cinematographic work)

oeuvre créée en collaboration Oeuvre exécutée par la collaboration de deux

ou plusieurs auteurs, et dans laquelle la part créée par l’un n’est pas distincte de

celle créée par l’autre ou les autres. (work of joint authorship)

oeuvre d’art architecturale [Abrogée, 1993, ch. 44, art. 53]

oeuvre de sculpture [Abrogée, 1997, ch. 24, art. 1]

oeuvre dramatique Y sont assimilées les pièces pouvant être récitées, les

oeuvres chorégraphiques ou les pantomimes dont l’arrangement scénique ou la

mise en scène est fixé par écrit ou autrement, les oeuvres cinématographiques et

les compilations d’oeuvres dramatiques. (dramatic work)

oeuvre littéraire Y sont assimilés les tableaux, les programmes d’ordinateur et

les compilations d’oeuvres littéraires. (literary work)

oeuvre musicale Toute oeuvre ou toute composition musicale — avec ou sans

paroles — et toute compilation de celles-ci. (musical work)

pays S’entend notamment d’un territoire. (country)

pays partie à la Convention de Berne Pays partie à la Convention pour la

protection des oeuvres littéraires et artistiques, conclue à Berne le 9 septembre

1886, ou à l’une de ses versions révisées, notamment celle de l’Acte de Paris de

1971. (Berne Convention country)

pays partie à la Convention de Rome Pays partie à la Convention

internationale sur la protection des artistes interprètes ou exécutants, des

producteurs d’enregistrements sonores et des organismes de radiodiffusion,

conclue à Rome le 26 octobre 1961. (Rome Convention country)

pays partie à la Convention universelle Pays partie à la Convention

universelle sur le droit d’auteur, adoptée à Genève (Suisse) le 6 septembre 1952,

ou dans sa version révisée à Paris (France) le 24 juillet 1971. (UCC country)

pays partie au traité de l’ODA Pays partie au Traité de l’OMPI sur le droit

d’auteur, adopté à Genève le 20 décembre 1996. (WCT country)

pays partie au traité de l’OIEP Pays partie au Traité de l’OMPI sur les

interprétations et exécutions et les phonogrammes, adopté à Genève le 20

décembre 1996. (WPPT country)

pays signataire Pays partie à la Convention de Berne, à la Convention

universelle ou au traité de l’ODA, ou membre de l’OMC. (treaty country)

photographie Y sont assimilées les photolithographies et toute oeuvre exprimée

par un procédé analogue à la photographie. (photograph)

planche Sont assimilés à une planche toute planche stéréotypée ou autre,

pierre, matrice, transposition et épreuve négative, et tout moule ou cliché,

destinés à l’impression ou à la reproduction d’exemplaires d’une oeuvre, ainsi

que toute matrice ou autre pièce destinées à la fabrication ou à la reproduction

d’enregistrements sonores, de prestations ou de signaux de communication,

selon le cas. (plate)

prestation Selon le cas, que l’oeuvre soit encore protégée ou non et qu’elle soit

déjà fixée sous une forme matérielle quelconque ou non :

a) l’exécution ou la représentation d’une oeuvre artistique, dramatique ou

musicale par un artiste-interprète;

b) la récitation ou la lecture d’une oeuvre littéraire par celui-ci;

c) une improvisation dramatique, musicale ou littéraire par celui-ci, inspirée ou

non d’une oeuvre préexistante. (performer’s performance)

producteur La personne qui effectue les opérations nécessaires à la confection

d’une oeuvre cinématographique, ou à la première fixation de sons dans le cas

d’un enregistrement sonore. (maker)

programme d’ordinateur Ensemble d’instructions ou d’énoncés destiné, quelle

que soit la façon dont ils sont exprimés, fixés, incorporés ou emmagasinés, à être

utilisé directement ou indirectement dans un ordinateur en vue d’un résultat

particulier. (computer program)

radiodiffuseur Organisme qui, dans le cadre de l’exploitation d’une entreprise

de radiodiffusion, émet un signal de communication en conformité avec les lois

du pays où il exploite cette entreprise; est exclu de la présente définition

l’organisme dont l’activité principale, liée au signal de communication, est la

retransmission de celui-ci. (broadcaster)

recueil

a) Les encyclopédies, dictionnaires, annuaires ou oeuvres analogues;

b) les journaux, revues, magazines ou autres publications périodiques;

c) toute oeuvre composée, en parties distinctes, par différents auteurs ou

dans laquelle sont incorporées des oeuvres ou parties d’oeuvres d’auteurs

différents. (collective work)

représentants légaux Sont compris parmi les représentants légaux les héritiers,

exécuteurs testamentaires, administrateurs, successeurs et ayants droit, ou les

agents ou fondés de pouvoir régulièrement constitués par mandat écrit. (legal

representatives)

représentation, exécution ou audition [Abrogée, 1997, ch. 24, art. 1]

représentation ou exécution Toute exécution sonore ou toute représentation

visuelle d’une oeuvre, d’une prestation, d’un enregistrement sonore ou d’un

signal de communication, selon le cas, y compris l’exécution ou la représentation

à l’aide d’un instrument mécanique, d’un appareil récepteur de radio ou d’un

appareil récepteur de télévision. (performance)

royaumes et territoires de Sa Majesté [Abrogée, 1997, ch. 24, art. 1]

sculpture Y sont assimilés les moules et les modèles. (sculpture)

signal de communication Ondes radioélectriques diffusées dans l’espace sans

guide artificiel, aux fins de réception par le public. (communication signal)

société de gestion Association, société ou personne morale autorisée —

notamment par voie de cession, licence ou mandat — à se livrer à la gestion

collective du droit d’auteur ou du droit à rémunération conféré par les articles 19

ou 81 pour l’exercice des activités suivantes :

a) l’administration d’un système d’octroi de licences portant sur un répertoire

d’oeuvres, de prestations, d’enregistrements sonores ou de signaux de

communication de plusieurs auteurs, artistes-interprètes, producteurs

d’enregistrements sonores ou radiodiffuseurs et en vertu duquel elle établit les

catégories d’utilisation qu’elle autorise au titre de la présente loi ainsi que les

redevances et modalités afférentes;

b) la perception et la répartition des redevances à payer en vertu de la

présente loi relativement à un répertoire d’oeuvres, de prestations,

d’enregistrements sonores ou de signaux de communication de plusieurs

auteurs, artistes-interprètes, producteurs d’enregistrements sonores ou

radiodiffuseurs. (collective society)

télécommunication Vise toute transmission de signes, signaux, écrits, images,

sons ou renseignements de toute nature par fil, radio, procédé visuel ou optique,

ou autre système électromagnétique. (telecommunication)

toute oeuvre littéraire, dramatique, musicale ou artistique originale S’entend

de toute production originale du domaine littéraire, scientifique ou artistique quels

qu’en soient le mode ou la forme d’expression, tels les compilations, livres,

brochures et autres écrits, les conférences, les oeuvres dramatiques ou

dramatico-musicales, les oeuvres musicales, les traductions, les illustrations, les

croquis et les ouvrages plastiques relatifs à la géographie, à la topographie, à

l’architecture ou aux sciences. (every original literary, dramatic, musical and

artistic work)

L.R. (1985), ch. C-42, art. 2; L.R. (1985), ch. 10 (4e suppl.), art. 1; 1988, ch. 65, art. 61; 1992, ch.

1, art. 145(F); 1993, ch. 23, art. 1, ch. 44, art. 53 et 79; 1994, ch. 47, art. 56; 1995, ch. 1, art. 62;

1997, ch. 24, art. 1; 2012, ch. 20, art. 2; 2014, ch. 32, art. 2; 2018, ch. 27, art. 280.

Compilations

2.1 (1) La compilation d’oeuvres de catégories diverses est réputée constituer

une compilation de la catégorie représentant la partie la plus importante.

Idem

(2) L’incorporation d’une oeuvre dans une compilation ne modifie pas la

protection conférée par la présente loi à l’oeuvre au titre du droit d’auteur ou des

droits moraux.

1993, ch. 44, art. 54.

Définition de producteur

2.11 Il est entendu que pour l’application de l’article 19 et de la définition de

producteur admissible à l’article 79, les opérations nécessaires visées à la

définition de producteur à l’article 2 s’entendent des opérations liées à la

conclusion des contrats avec les artistes-interprètes, au financement et aux

services techniques nécessaires à la première fixation de sons dans le cas d’un

enregistrement sonore.

1997, ch. 24, art. 2.

Définition de publication

2.2 (1) Pour l’application de la présente loi, publication s’entend :

a) à l’égard d’une oeuvre, de la mise à la disposition du public d’exemplaires

de l’oeuvre, de l’édification d’une oeuvre architecturale ou de l’incorporation

d’une oeuvre artistique à celle-ci;

b) à l’égard d’un enregistrement sonore, de la mise à la disposition du public

d’exemplaires de celui-ci.

Sont exclues de la publication la représentation ou l’exécution en public d’une

oeuvre littéraire, dramatique, musicale ou artistique ou d’un enregistrement

sonore, leur communication au public par télécommunication ou l’exposition en

public d’une oeuvre artistique.

Édition de photographies et de gravures

(2) Pour l’application du paragraphe (1), l’édition de photographies et de gravures

de sculptures et d’oeuvres architecturales n’est pas réputée être une publication

de ces oeuvres.

Absence de consentement du titulaire du droit d’auteur

(3) Pour l’application de la présente loi — sauf relativement à la violation du droit

d’auteur —, une oeuvre ou un autre objet du droit d’auteur n’est pas réputé

publié, représenté en public ou communiqué au public par télécommunication si

le consentement du titulaire du droit d’auteur n’a pas été obtenu.

Oeuvre non publiée

(4) Quand, dans le cas d’une oeuvre non publiée, la création de l’oeuvre s’étend

sur une période considérable, les conditions de la présente loi conférant le droit

d’auteur sont réputées observées si l’auteur, pendant une partie importante de

cette période, était sujet, citoyen ou résident habituel d’un pays visé par la

présente loi.

1997, ch. 24, art. 2.

Télécommunication

2.3 Quiconque communique au public par télécommunication une oeuvre ou un

autre objet du droit d’auteur ne les exécute ni ne les représente en public de ce

fait, ni n’est réputé, du seul fait de cette communication, autoriser une telle

exécution ou représentation en public.

1997, ch. 24, art. 2.

Communication au public par télécommunication

2.4 (1) Les règles qui suivent s’appliquent dans les cas de communication au

public par télécommunication :

a) font partie du public les personnes qui occupent les locaux d’un même

immeuble d’habitation, tel un appartement ou une chambre d’hôtel, et la

communication qui leur est exclusivement destinée est une communication au

public;

b) n’effectue pas une communication au public la personne qui ne fait que

fournir à un tiers les moyens de télécommunication nécessaires pour que

celui-ci l’effectue;

c) toute transmission par une personne par télécommunication, communiquée

au public par une autre — sauf le retransmetteur d’un signal, au sens du

paragraphe 31(1) — constitue une communication unique au public, ces

personnes étant en l’occurrence solidaires, dès lors qu’elle s’effectue par suite

de l’exploitation même d’un réseau au sens de la Loi sur la radiodiffusion ou

d’une entreprise de programmation.

Communication au public par télécommunication

(1.1) Pour l’application de la présente loi, constitue notamment une

communication au public par télécommunication le fait de mettre à la disposition

du public par télécommunication une oeuvre ou un autre objet du droit d’auteur

de manière que chacun puisse y avoir accès de l’endroit et au moment qu’il

choisit individuellement.

Règlement

(2) Le gouverneur en conseil peut, par règlement, définir « entreprise de

programmation » pour l’application de l’alinéa (1)c).

Restriction

(3) La retransmission d’un signal à un retransmetteur au sens du paragraphe 31

(1) n’est pas visée par les alinéas (1)c) et 3(1)f).

1997, ch. 24, art. 2; 2002, ch. 26, art. 1; 2012, ch. 20, art. 3.

Location

2.5 (1) Pour l’application des alinéas 3(1)h) et i), 15(1)c) et 18(1)c), équivaut à

une location l’accord — quelle qu’en soit la forme et compte tenu des

circonstances — qui en a la nature et qui est conclu avec l’intention de faire un

gain dans le cadre des activités générales du loueur de programme d’ordinateur

ou d’enregistrement sonore, selon le cas.

Intention du loueur

(2) Il n’y a toutefois pas intention de faire un gain lorsque le loueur n’a que

l’intention de recouvrer les coûts — frais généraux compris — afférents à la

location.

1997, ch. 24, art. 2.

Distributeur exclusif

2.6 Le gouverneur en conseil peut, par règlement, fixer les critères de distribution

pour l’application de la définition de distributeur exclusif figurant à l’article 2.

1997, ch. 24, art. 2.

Licence exclusive

2.7 Pour l’application de la présente loi, une licence exclusive est l’autorisation

accordée au licencié d’accomplir un acte visé par un droit d’auteur de façon

exclusive, qu’elle soit accordée par le titulaire du droit d’auteur ou par une

personne déjà titulaire d’une licence exclusive; l’exclusion vise tous les titulaires.

1997, ch. 24, art. 2.

PARTIE I

Droit d’auteur et droits moraux sur les oeuvres

Droit d’auteur

Droit d’auteur sur l’oeuvre

3 (1) Le droit d’auteur sur l’oeuvre comporte le droit exclusif de produire ou

reproduire la totalité ou une partie importante de l’oeuvre, sous une forme

matérielle quelconque, d’en exécuter ou d’en représenter la totalité ou une partie

importante en public et, si l’oeuvre n’est pas publiée, d’en publier la totalité ou

une partie importante; ce droit comporte, en outre, le droit exclusif :

a) de produire, reproduire, représenter ou publier une traduction de l’oeuvre;

b) s’il s’agit d’une oeuvre dramatique, de la transformer en un roman ou en

une autre oeuvre non dramatique;

c) s’il s’agit d’un roman ou d’une autre oeuvre non dramatique, ou d’une

oeuvre artistique, de transformer cette oeuvre en une oeuvre dramatique, par

voie de représentation publique ou autrement;

d) s’il s’agit d’une oeuvre littéraire, dramatique ou musicale, d’en faire un

enregistrement sonore, film cinématographique ou autre support, à l’aide

desquels l’oeuvre peut être reproduite, représentée ou exécutée

mécaniquement;

e) s’il s’agit d’une oeuvre littéraire, dramatique, musicale ou artistique, de

reproduire, d’adapter et de présenter publiquement l’oeuvre en tant qu’oeuvre

cinématographique;

f) de communiquer au public, par télécommunication, une oeuvre littéraire,

dramatique, musicale ou artistique;

g) de présenter au public lors d’une exposition, à des fins autres que la vente

ou la location, une oeuvre artistique — autre qu’une carte géographique ou

marine, un plan ou un graphique — créée après le 7 juin 1988;

h) de louer un programme d’ordinateur qui peut être reproduit dans le cadre

normal de son utilisation, sauf la reproduction effectuée pendant son

exécution avec un ordinateur ou autre machine ou appareil;

i) s’il s’agit d’une oeuvre musicale, d’en louer tout enregistrement sonore;

j) s’il s’agit d’une oeuvre sous forme d’un objet tangible, d’effectuer le transfert

de propriété, notamment par vente, de l’objet, dans la mesure où la propriété

de celui-ci n’a jamais été transférée au Canada ou à l’étranger avec

l’autorisation du titulaire du droit d’auteur.

Est inclus dans la présente définition le droit exclusif d’autoriser ces actes.

Fixation

(1.1) Dans le cadre d’une communication effectuée au titre de l’alinéa (1)f), une

oeuvre est fixée même si sa fixation se fait au moment de sa communication.

(1.2) à (4) [Abrogés, 1997, ch. 24, art. 3]

L.R. (1985), ch. C-42, art. 3; L.R. (1985), ch. 10 (4e suppl.), art. 2; 1988, ch. 65, art. 62; 1993, ch.

23, art. 2, ch. 44, art. 55; 1997, ch. 24, art. 3; 2012, ch. 20, art. 4.

4 [Abrogé, 1997, ch. 24, art. 4]

Oeuvres susceptibles de faire l’objet d’un droit d’auteur

Conditions d’obtention du droit d’auteur

5 (1) Sous réserve des autres dispositions de la présente loi, le droit d’auteur

existe au Canada, pendant la durée mentionnée ci-après, sur toute oeuvre

littéraire, dramatique, musicale ou artistique originale si l’une des conditions

suivantes est réalisée :

a) pour toute oeuvre publiée ou non, y compris une oeuvre

cinématographique, l’auteur était, à la date de sa création, citoyen, sujet ou

résident habituel d’un pays signataire;

b) dans le cas d’une oeuvre cinématographique — publiée ou non —, à la

date de sa création, le producteur était citoyen, sujet ou résident habituel d’un

pays signataire ou avait son siège social dans un tel pays;

c) s’il s’agit d’une oeuvre publiée, y compris une oeuvre cinématographique,

selon le cas :

(i) la mise à la disposition du public d’exemplaires de l’oeuvre en quantité

suffisante pour satisfaire la demande raisonnable du public, compte tenu

de la nature de l’oeuvre, a eu lieu pour la première fois dans un pays

signataire,

(ii) l’édification d’une oeuvre architecturale ou l’incorporation d’une oeuvre

artistique à celle-ci, a eu lieu pour la première fois dans un pays signataire.

Présomption

(1.01) Pour l’application du paragraphe (1), le pays qui devient un pays partie à la

Convention de Berne ou au traité de l’ODA, ou un membre de l’OMC après la

date de création ou de publication de l’oeuvre est réputé l’être devenu, selon le

cas, à cette date, sous réserve du paragraphe (1.02) et des articles 33 à 33.2.

Réserve

(1.02) Le paragraphe (1.01) ne confère aucun droit à la protection d’une oeuvre

au Canada lorsque la durée de protection accordée par le pays visé a expiré

avant que celui-ci ne devienne un pays partie à la Convention de Berne ou au

traité de l’ODA, ou un membre de l’OMC, selon le cas.

Application des paragraphes (1.01) et (1.02)

(1.03) Les paragraphes (1.01) et (1.02) s’appliquent et sont réputés avoir été

applicables, que le pays en question soit devenu un pays partie à la Convention

de Berne ou au traité de l’ODA, ou un membre de l’OMC avant ou après leur

entrée en vigueur.

Première publication

(1.1) Est réputée avoir été publiée pour la première fois dans un pays signataire

l’oeuvre qui y est publiée dans les trente jours qui suivent sa première publication

dans un autre pays.

Idem

(1.2) Le droit d’auteur n’existe au Canada qu’en application du paragraphe (1),

sauf dans la mesure où la protection garantie par la présente loi est étendue,

conformément aux prescriptions qui suivent, à des pays étrangers auxquels la

présente loi ne s’applique pas.

Étendue du droit d’auteur à d’autres pays

(2) Si le ministre certifie par avis, publié dans la Gazette du Canada, qu’un pays

autre qu’un pays signataire accorde ou s’est engagé à accorder, par traité,

convention, contrat ou loi, aux citoyens du Canada les avantages du droit

d’auteur aux conditions sensiblement les mêmes qu’à ses propres citoyens, ou

une protection de droit d’auteur réellement équivalente à celle que garantit la

présente loi, ce pays est traité, pour l’objet des droits conférés par la présente loi,

comme s’il était un pays tombant sous l’application de la présente loi; et il est

loisible au ministre de délivrer ce certificat, bien que les recours pour assurer

l’exercice du droit d’auteur, ou les restrictions sur l’importation d’exemplaires des

oeuvres, aux termes de la loi de ce pays, diffèrent de ceux que prévoit la

présente loi.

(2.1) [Abrogé, 1994, ch. 47, art. 57]

(3) à (6) [Abrogés, 1997, ch. 24, art. 5]

Protection du certificat

(7) Il est entendu que le fait, pour le pays visé, de devenir un pays signataire ne

modifie en rien la protection conférée par l’avis publié conformément au

paragraphe (2), en son état actuel ou en tout état antérieur à l’entrée en vigueur

du présent paragraphe.

L.R. (1985), ch. C-42, art. 5; 1993, ch. 15, art. 2, ch. 44, art. 57; 1994, ch. 47, art. 57; 1997, ch. 24,

art. 5; 2001, ch. 34, art. 34; 2012, ch. 20, art. 5.

Durée du droit d’auteur

6 Sauf disposition contraire expresse de la présente loi, le droit d’auteur subsiste

pendant la vie de l’auteur, puis jusqu’à la fin de la cinquantième année suivant

celle de son décès.

L.R. (1985), ch. C-42, art. 6; 1993, ch. 44, art. 58.

Oeuvres anonymes et pseudonymes

6.1 Sous réserve de l’article 6.2, lorsque l’identité de l’auteur d’une oeuvre n’est

pas connue, le droit d’auteur subsiste jusqu’à celle de ces deux dates qui survient

en premier :

a) soit la fin de la cinquantième année suivant celle de la première publication

de l’oeuvre;

b) soit la fin de la soixante-quinzième année suivant celle de la création de

l’oeuvre.

Toutefois, lorsque, durant cette période, l’identité de l’auteur devient

généralement connue, c’est l’article 6 qui s’applique.

1993, ch. 44, art. 58.

Oeuvres anonymes et pseudonymes de collaboration

6.2 Lorsque l’identité des coauteurs d’une oeuvre créée en collaboration n’est

pas connue, le droit d’auteur subsiste jusqu’à celle de ces deux dates qui survient

en premier :

a) soit la fin de la cinquantième année suivant celle de la première publication

de l’oeuvre;

b) soit la fin de la soixante-quinzième année suivant celle de la création de

l’oeuvre.

Toutefois, lorsque, durant cette période, l’identité de un ou plusieurs des

coauteurs devient généralement connue, le droit d’auteur subsiste pendant la vie

du dernier survivant de ces auteurs, puis jusqu’à la fin de la cinquantième année

suivant celle de son décès.

1993, ch. 44, art. 58.

Durée du droit d’auteur sur les oeuvres posthumes

7 (1) Sous réserve du paragraphe (2), lorsqu’une oeuvre littéraire, dramatique ou

musicale, ou une gravure, qui est encore protégée à la date de la mort de l’auteur

ou, dans le cas des oeuvres créées en collaboration, à la date de la mort de

l’auteur qui décède le dernier n’a pas été publiée ni, en ce qui concerne une

conférence ou une oeuvre dramatique ou musicale, exécutée ou représentée en

public ou communiquée au public par télécommunication avant cette date, le droit

d’auteur subsiste jusqu’à sa publication, ou jusqu’à son exécution ou sa

représentation en public ou sa communication au public par télécommunication,

selon l’événement qui se produit en premier lieu, puis jusqu’à la fin de la

cinquantième année suivant celle de cette publication ou de cette exécution ou

représentation en public ou communication au public par télécommunication.

Application du paragraphe (1)

(2) Le paragraphe (1) ne s’applique que dans les cas où l’oeuvre a été publiée,

ou exécutée ou représentée en public ou communiquée au public par

télécommunication, selon le cas, avant l’entrée en vigueur du présent article.

Disposition transitoire

(3) L’oeuvre, qu’elle soit ou non publiée, ou exécutée ou représentée en public ou

communiquée au public par télécommunication après la date d’entrée en vigueur

du présent article, continue d’être protégée par le droit d’auteur jusqu’à la fin de

l’année de l’entrée en vigueur de cet article et pour une période de cinquante ans

par la suite, dans le cas où :

a) elle n’a pas été publiée, ou exécutée ou représentée en public ou

communiquée au public par télécommunication à l’entrée en vigueur du

présent article;

b) le paragraphe (1) s’y appliquerait si elle l’avait été;

c) le décès mentionné au paragraphe (1) est survenu au cours des cinquante

années précédant l’entrée en vigueur du présent article.

Disposition transitoire

(4) L’oeuvre, qu’elle soit ou non publiée, ou exécutée ou représentée en public ou

communiquée au public par télécommunication après la date d’entrée en vigueur

du présent article, continue d’être protégée par le droit d’auteur jusqu’à la fin de

l’année de l’entrée en vigueur de cet article et pour une période de cinq ans par la

suite, dans le cas où :

a) elle n’a pas été publiée, ou exécutée ou représentée en public ou

communiquée au public par télécommunication à l’entrée en vigueur du

présent article;

b) le paragraphe (1) s’y appliquerait si elle l’avait été;

c) le décès mentionné au paragraphe (1) est survenu plus de cinquante ans

avant l’entrée en vigueur du présent article.

L.R. (1985), ch. C-42, art. 7; 1993, ch. 44, art. 58; 1997, ch. 24, art. 6.

8 [Abrogé, 1993, ch. 44, art. 59]

Oeuvres créées en collaboration

9 (1) Sous réserve de l’article 6.2, lorsqu’il s’agit d’une oeuvre créée en

collaboration, le droit d’auteur subsiste pendant la vie du dernier survivant des

coauteurs, puis jusqu’à la fin de la cinquantième année suivant celle de son

décès. Toute mention dans la présente loi de la période qui suit l’expiration d’un

nombre spécifié d’années après l’année de la mort de l’auteur doit s’interpréter

comme une mention de la période qui suit l’expiration d’un nombre égal d’années

après l’année du décès du dernier survivant des coauteurs.

Auteurs étrangers

(2) Les auteurs ressortissants d’un pays — autre qu’un pays partie à l’Accord de

libre-échange nord-américain — qui accorde une durée de protection plus courte

que celle qui est indiquée au paragraphe (1) ne sont pas admis à réclamer une

plus longue durée de protection au Canada.

L.R. (1985), ch. C-42, art. 9; 1993, ch. 44, art. 60.

10 [Abrogé, 2012, ch. 20, art. 6]

11 [Abrogé, 1997, ch. 24, art. 8]

Oeuvre cinématographique

11.1 Sauf dans le cas d’oeuvres cinématographiques auxquelles les dispositifs de

la mise en scène ou les combinaisons des incidents représentés donnent un

caractère dramatique, le droit d’auteur sur une oeuvre cinématographique ou une

compilation d’oeuvres cinématographiques subsiste :

a) soit jusqu’à la fin de la cinquantième année suivant celle de sa première

publication;

b) soit jusqu’à la fin de la cinquantième année suivant celle de sa création,

dans le cas où elle n’a pas été publiée avant la fin de cette période.

1993, ch. 44, art. 60; 1997, ch. 24, art. 9.

Quand le droit d’auteur appartient à Sa Majesté

12 Sous réserve de tous les droits ou privilèges de la Couronne, le droit d’auteur

sur les oeuvres préparées ou publiées par l’entremise, sous la direction ou la

surveillance de Sa Majesté ou d’un ministère du gouvernement, appartient, sauf

stipulation conclue avec l’auteur, à Sa Majesté et, dans ce cas, il subsiste jusqu’à

la fin de la cinquantième année suivant celle de la première publication de

l’oeuvre.

L.R. (1985), ch. C-42, art. 12; 1993, ch. 44, art. 60.

Possession du droit d’auteur

13 (1) Sous réserve des autres dispositions de la présente loi, l’auteur d’une

oeuvre est le premier titulaire du droit d’auteur sur cette oeuvre.

(2) [Abrogé, 2012, ch. 20, art. 7]

Oeuvre exécutée dans l’exercice d’un emploi

(3) Lorsque l’auteur est employé par une autre personne en vertu d’un contrat de

louage de service ou d’apprentissage, et que l’oeuvre est exécutée dans

l’exercice de cet emploi, l’employeur est, à moins de stipulation contraire, le

premier titulaire du droit d’auteur; mais lorsque l’oeuvre est un article ou une

autre contribution, à un journal, à une revue ou à un périodique du même genre,

l’auteur, en l’absence de convention contraire, est réputé posséder le droit

d’interdire la publication de cette oeuvre ailleurs que dans un journal, une revue

ou un périodique semblable.

Cession et licences

(4) Le titulaire du droit d’auteur sur une oeuvre peut céder ce droit, en totalité ou

en partie, d’une façon générale ou avec des restrictions relatives au territoire, au

support matériel, au secteur du marché ou à la portée de la cession, pour la

durée complète ou partielle de la protection; il peut également concéder, par une

licence, un intérêt quelconque dans ce droit; mais la cession ou la concession

n’est valable que si elle est rédigée par écrit et signée par le titulaire du droit qui

en fait l’objet, ou par son agent dûment autorisé.

Possession dans le cas de cession partielle

(5) Lorsque, en vertu d’une cession partielle du droit d’auteur, le cessionnaire est

investi d’un droit quelconque compris dans le droit d’auteur, sont traités comme

titulaires du droit d’auteur, pour l’application de la présente loi, le cessionnaire, en

ce qui concerne les droits cédés, et le cédant, en ce qui concerne les droits non

cédés, les dispositions de la présente loi recevant leur application en

conséquence.

Cession d’un droit de recours

(6) Il est entendu que la cession du droit d’action pour violation du droit d’auteur

est réputée avoir toujours pu se faire en relation avec la cession du droit d’auteur

ou la concession par licence de l’intérêt dans celui-ci.

Licence exclusive

(7) Il est entendu que la concession d’une licence exclusive sur un droit d’auteur

est réputée toujours avoir valu concession par licence d’un intérêt dans ce droit

d’auteur.

L.R. (1985), ch. C-42, art. 13; 1997, ch. 24, art. 10; 2012, ch. 20, art. 7.

Limitation dans le cas où l’auteur est le premier possesseur du droit d’auteur

14 (1) Lorsque l’auteur d’une oeuvre est le premier titulaire du droit d’auteur sur

cette oeuvre, aucune cession du droit d’auteur ni aucune concession d’un intérêt

dans ce droit, faite par lui — autrement que par testament — après le 4 juin 1921,

n’a l’effet d’investir le cessionnaire ou le concessionnaire d’un droit quelconque, à

l’égard du droit d’auteur sur l’oeuvre, pendant plus de vingt-cinq ans à compter de

la mort de l’auteur; la réversibilité du droit d’auteur, en expectative à la fin de

cette période, est dévolue, à la mort de l’auteur, nonobstant tout arrangement

contraire, à ses représentants légaux comme faisant partie de ses biens; toute

stipulation conclue par lui concernant la disposition d’un tel droit de réversibilité

est nulle.

Restriction

(2) Le paragraphe (1) ne doit pas s’interpréter comme s’appliquant à la cession

du droit d’auteur sur un recueil ou à une licence de publier une oeuvre, en totalité

ou en partie, à titre de contribution à un recueil.

(3) [Abrogé, 1997, ch. 24, art. 11]

(4) [Abrogé, L.R. (1985), ch. 10 (4 suppl.), art. 3]

L.R. (1985), ch. C-42, art. 14; L.R. (1985), ch. 10 (4e suppl.), art. 3; 1997, ch. 24, art. 11.

14.01 [Abrogé, 1997, ch. 24, art. 12]

Droits moraux

14.1 (1) L’auteur d’une oeuvre a le droit, sous réserve de l’article 28.2, à l’intégrité

de l’oeuvre et, à l’égard de tout acte mentionné à l’article 3, le droit, compte tenu

des usages raisonnables, d’en revendiquer, même sous pseudonyme, la

création, ainsi que le droit à l’anonymat.

Incessibilité

(2) Les droits moraux sont incessibles; ils sont toutefois susceptibles de

renonciation, en tout ou en partie.

Portée de la cession

(3) La cession du droit d’auteur n’emporte pas renonciation automatique aux

droits moraux.

Effet de la renonciation

(4) La renonciation au bénéfice du titulaire du droit d’auteur ou du détenteur d’une

licence peut, à moins d’une stipulation contraire, être invoquée par quiconque est

autorisé par l’un ou l’autre à utiliser l’oeuvre.

L.R. (1985), ch. 10 (4e suppl.), art. 4.

Durée

14.2 (1) Les droits moraux sur une oeuvre ont la même durée que le droit

d’auteur sur celle-ci.

Décès

(2) Au décès de l’auteur, les droits moraux sont dévolus à son légataire ou, à

défaut de disposition testamentaire expresse, soit au légataire du droit d’auteur,

soit, en l’absence d’un tel légataire, aux héritiers de l’auteur.

Dévolutions subséquentes

(3) Le paragraphe (2) s’applique, avec les adaptations nécessaires, à toute

dévolution subséquente.

L.R. (1985), ch. 10 (4e suppl.), art. 4; 1997, ch. 24, art. 13.

PARTIE II

Droit d’auteur sur les prestations, enregistrements sonores et signaux de communication et droits moraux sur les prestations

Droits de l’artiste-interprète

Droit d’auteur

Droit d’auteur sur la prestation

15 (1) Sous réserve du paragraphe (2), l’artiste-interprète a un droit d’auteur qui

comporte le droit exclusif, à l’égard de sa prestation ou de toute partie importante

de celle-ci :

a) si elle n’est pas déjà fixée :

(i) de la communiquer au public par télécommunication,

(ii) de l’exécuter en public lorsqu’elle est ainsi communiquée autrement

que par signal de communication,

(iii) de la fixer sur un support matériel quelconque;

b) d’en reproduire :

(i) toute fixation faite sans son autorisation,

(ii) lorsqu’il en a autorisé la fixation, toute reproduction de celle-ci faite à

des fins autres que celles visées par cette autorisation,

(iii) lorsqu’une fixation est permise en vertu des parties III ou VIII, toute

reproduction de celle-ci faite à des fins autres que celles prévues par ces

parties;

c) d’en louer l’enregistrement sonore.

Il a aussi le droit d’autoriser ces actes.

Droit d’auteur sur la prestation

(1.1) Sous réserve des paragraphes (2.1) et (2.2), l’artiste-interprète a un droit

d’auteur qui comporte le droit exclusif, à l’égard de sa prestation ou de toute

partie importante de celle-ci :

a) si elle n’est pas déjà fixée :

(i) de la communiquer au public par télécommunication,

(ii) de l’exécuter en public lorsqu’elle est ainsi communiquée autrement

que par signal de communication,

(iii) de la fixer sur un support matériel quelconque;

b) de la reproduire lorsqu’elle a été fixée au moyen d’un enregistrement

sonore;

c) d’en louer l’enregistrement sonore;

d) d’en mettre l’enregistrement sonore à la disposition du public et de le lui

communiquer, par télécommunication, de manière que chacun puisse y avoir

accès de l’endroit et au moment qu’il choisit individuellement;

e) lorsque la prestation est fixée au moyen d’un enregistrement sonore sous

forme d’un objet tangible, d’effectuer le transfert de propriété, notamment par

vente, de l’objet, dans la mesure où la propriété de celui-ci n’a jamais été

transférée au Canada ou à l’étranger avec l’autorisation du titulaire du droit

d’auteur sur la prestation.

Il a aussi le droit d’autoriser ces actes.

Conditions

(2) La prestation visée au paragraphe (1) doit être, selon le cas :

a) exécutée au Canada ou dans un pays partie à la Convention de Rome;

b) fixée au moyen d’un enregistrement sonore dont le producteur, lors de la

première fixation, soit est un citoyen canadien ou un résident permanent au

sens du paragraphe 2(1) de la Loi sur l’immigration et la protection des

réfugiés ou un citoyen ou un résident permanent d’un pays partie à la

Convention de Rome, soit, s’il s’agit d’une personne morale, a son siège

social au Canada ou dans un tel pays, ou fixée au moyen d’un enregistrement

sonore publié pour la première fois au Canada ou dans un pays partie à la

Convention de Rome en quantité suffisante pour satisfaire la demande

raisonnable du public;

c) transmise en direct par signal de communication émis à partir du Canada

ou d’un pays partie à la Convention de Rome par un radiodiffuseur dont le

siège social est situé dans le pays d’émission.

Autres conditions

(2.1) Le paragraphe (1.1) s’applique lorsque la prestation, selon le cas :

a) est exécutée au Canada;

b) est fixée au moyen d’un enregistrement sonore dont le producteur, lors de

la première fixation, soit est un citoyen canadien ou un résident permanent au

sens du paragraphe 2(1) de la Loi sur l’immigration et la protection des

réfugiés, soit, s’il s’agit d’une personne morale, a son siège social au Canada,

ou est fixée au moyen d’un enregistrement sonore dont la première

publication en quantité suffisante pour satisfaire la demande raisonnable du

public a eu lieu au Canada;

c) est transmise en direct par signal de communication émis à partir du

Canada par un radiodiffuseur dont le siège social est situé au Canada.

Autres conditions

(2.2) Le paragraphe (1.1) s’applique également lorsque la prestation, selon le

cas :

a) est exécutée dans un pays partie au traité de l’OIEP;

b) est fixée au moyen d’un enregistrement sonore dont le producteur, lors de

la première fixation, soit est un citoyen ou un résident permanent d’un pays

partie au traité de l’OIEP, soit, s’il s’agit d’une personne morale, a son siège

social dans un tel pays, ou est fixée au moyen d’un enregistrement sonore

dont la première publication en quantité suffisante pour satisfaire la demande

raisonnable du public a eu lieu dans un pays partie au traité de l’OIEP;

c) est transmise en direct par signal de communication émis à partir d’un pays

partie au traité de l’OIEP par un radiodiffuseur dont le siège social est situé

dans le pays d’émission.

Première publication

(3) Est réputé avoir été publié pour la première fois dans un pays visé à l’alinéa

(2)b) l’enregistrement sonore qui y est publié dans les trente jours qui suivent sa

première publication dans un autre pays.

Publication

(4) Est réputé avoir été publié pour la première fois dans un pays partie au traité

de l’OIEP l’enregistrement sonore qui y est publié dans les trente jours qui

suivent sa première publication dans un autre pays.

L.R. (1985), ch. C-42, art. 15; 1993, ch. 44, art. 61; 1997, ch. 24, art. 14; 2001, ch. 27, art. 235;

2012, ch. 20, art. 9.

Modalités contractuelles

16 L’article 15 n’a pas pour effet d’empêcher l’artiste-interprète de prévoir, par

contrat, les modalités d’utilisation de sa prestation aux fins de radiodiffusion, de

fixation ou de retransmission.

L.R. (1985), ch. C-42, art. 16; 1994, ch. 47, art. 59; 1997, ch. 24, art. 14.

Oeuvre cinématographique

17 (1) Dès lors qu’il autorise l’incorporation de sa prestation dans une oeuvre

cinématographique, l’artiste-interprète ne peut plus exercer, à l’égard de la

prestation ainsi incorporée, le droit d’auteur visé au paragraphe 15(1).

Droit à rémunération

(2) Lorsqu’une telle incorporation fait l’objet d’un contrat qui prévoit un droit à

rémunération pour la reproduction, l’exécution en public ou la communication au

public par télécommunication de l’oeuvre cinématographique, l’artiste-interprète

peut revendiquer ce droit auprès de l’autre partie contractante ou de tout

cessionnaire du contrat ou auprès de toute autre personne qui est titulaire du

droit d’auteur en ce qui touche la reproduction, l’exécution en public ou la

communication au public par télécommunication de l’oeuvre et qui, de fait,

reproduit ou exécute en public l’oeuvre ou la communique au public par

télécommunication; cette partie contractante ou ce cessionnaire et ce titulaire du

droit d’auteur sont solidairement responsables envers l’artiste-interprète du

paiement de la rémunération afférente au droit d’auteur visé.

Application du paragraphe (2)

(3) Le paragraphe (2) s’applique si la prestation de l’artiste-interprète est

incorporée dans une oeuvre cinématographique qui est une production définie

par règlement.

Exception

(4) Sur demande d’un pays partie à l’Accord de libre-échange nord-américain, le

ministre peut, en publiant une déclaration dans la Gazette du Canada, accorder,

aux conditions qu’il peut préciser dans cette déclaration, les avantages conférés

par le présent article aux artistes-interprètes — ressortissants de ce pays ou d’un

autre pays partie à l’Accord, ou citoyens canadiens ou résidents permanents au

sens du paragraphe 2(1) de la Loi sur l’immigration et la protection des réfugiés

— dont les prestations sont incorporées dans des oeuvres cinématographiques

qui sont des productions non visées par le paragraphe (3).

L.R. (1985), ch. C-42, art. 17; 1994, ch. 47, art. 59; 1997, ch. 24, art. 14; 2001, ch. 27, art. 236.

Droits moraux

17.1 (1) Dans les cas visés aux paragraphes 15(2.1) et (2.2), l’artiste-interprète a,

sous réserve du paragraphe 28.2(1), le droit à l’intégrité de sa prestation sonore

exécutée en direct ou de sa prestation fixée au moyen d’un enregistrement

sonore et, à l’égard de tout acte mentionné au paragraphe 15(1.1) ou pour lequel

il a droit à une rémunération en vertu de l’article 19, le droit, compte tenu des

usages raisonnables, de revendiquer la création de la prestation, même sous

pseudonyme, ainsi que le droit à l’anonymat.

Incessibilité

(2) Les droits moraux sont incessibles; ils sont toutefois susceptibles de

renonciation, en tout ou en partie.

Portée de la cession

(3) La cession du droit d’auteur sur la prestation de l’artiste-interprète n’emporte

pas renonciation automatique aux droits moraux.

Effet de la renonciation

(4) La renonciation au bénéfice du titulaire du droit d’auteur ou du détenteur d’une

licence peut, à moins d’une stipulation contraire, être invoquée par quiconque est

autorisé par l’un ou l’autre à utiliser la prestation.

2012, ch. 20, art. 10.

Application et durée

17.2 (1) Le paragraphe 17.1(1) s’applique uniquement dans le cas d’une

prestation exécutée après son entrée en vigueur. Les droits moraux sur la

prestation ont la même durée que le droit d’auteur sur celle-ci.

Décès

(2) Au décès de l’artiste-interprète, les droits moraux sont dévolus au légataire de

ces droits ou, à défaut de disposition testamentaire expresse, soit au légataire du

droit d’auteur, soit, en l’absence d’un tel légataire, aux héritiers légaux de l’artiste-

interprète.

Dévolutions subséquentes

(3) Le paragraphe (2) s’applique, avec les adaptations nécessaires, à toute

dévolution subséquente.

2012, ch. 20, art. 10.

Droits du producteur d’enregistrement sonore

Droit d’auteur sur l’enregistrement sonore

18 (1) Sous réserve du paragraphe (2), le producteur d’un enregistrement sonore

a un droit d’auteur qui comporte le droit exclusif, à l’égard de la totalité ou de

toute partie importante de l’enregistrement sonore :

a) de le publier pour la première fois;

b) de le reproduire sur un support matériel quelconque;

c) de le louer.

Il a aussi le droit d’autoriser ces actes.

Droit d’auteur sur l’enregistrement sonore

(1.1) Sous réserve des paragraphes (2.1) et (2.2), le droit d’auteur du producteur

d’un enregistrement sonore comporte également le droit exclusif, à l’égard de la

totalité ou de toute partie importante de celui-ci :

a) de le mettre à la disposition du public et de le lui communiquer, par

télécommunication, de manière que chacun puisse y avoir accès de l’endroit

et au moment qu’il choisit individuellement;

b) lorsque l’enregistrement sonore est sous forme d’un objet tangible,

d’effectuer le transfert de propriété, notamment par vente, de l’objet, dans la

mesure où la propriété de celui-ci n’a jamais été transférée au Canada ou à

l’étranger avec l’autorisation du titulaire du droit d’auteur sur l’enregistrement

sonore.

Le producteur a aussi le droit d’autoriser ces actes.

Conditions

(2) Le paragraphe (1) s’applique uniquement lorsque, selon le cas :

a) le producteur, lors de la première fixation, soit est un citoyen canadien ou

un résident permanent au sens du paragraphe 2(1) de la Loi sur l’immigration

et la protection des réfugiés ou un citoyen ou un résident permanent d’un

pays partie à la Convention de Berne, à la Convention de Rome ou au traité

de l’OIEP, ou membre de l’OMC, soit, s’il s’agit d’une personne morale, a son

siège social au Canada ou dans un tel pays, ou, si la première fixation s’étend

sur une période considérable, en a été un citoyen ou un résident permanent

ou y a eu son siège social pendant une partie importante de cette période;

b) la première publication de l’enregistrement sonore en quantité suffisante

pour satisfaire la demande raisonnable du public a eu lieu dans tout pays visé

à l’alinéa a).

Autres conditions

(2.1) Le paragraphe (1.1) s’applique lorsque, selon le cas :

a) le producteur, lors de la première fixation, soit est un citoyen canadien ou

un résident permanent au sens du paragraphe 2(1) de la Loi sur l’immigration

et la protection des réfugiés, soit, s’il s’agit d’une personne morale, a son

siège social au Canada, ou, si la première fixation s’étend sur une période

considérable, en a été un citoyen ou un résident permanent ou y a eu son

siège social pendant une partie importante de cette période;

b) la première publication de l’enregistrement sonore en quantité suffisante

pour satisfaire la demande raisonnable du public a eu lieu au Canada.

Autres conditions

(2.2) Le paragraphe (1.1) s’applique également lorsque, selon le cas :

a) le producteur, lors de la première fixation, soit est un citoyen ou un résident

permanent d’un pays partie au traité de l’OIEP, soit, s’il s’agit d’une personne

morale, a son siège social dans un tel pays, ou, si la première fixation s’étend

sur une période considérable, en a été un citoyen ou un résident permanent

ou y a eu son siège social pendant une partie importante de cette période;

b) la première publication de l’enregistrement sonore en quantité suffisante

pour satisfaire la demande raisonnable du public a eu lieu dans un pays partie

au traité de l’OIEP.

Publication

(3) Est réputé avoir été publié pour la première fois dans tout pays visé à l’alinéa

(2)a) l’enregistrement sonore qui y est publié dans les trente jours qui suivent sa

première publication dans un autre pays.

Publication

(4) Est réputé avoir été publié pour la première fois dans un pays partie au traité

de l’OIEP l’enregistrement sonore qui y est publié dans les trente jours qui

suivent sa première publication dans un autre pays.

L.R. (1985), ch. C-42, art. 18; L.R. (1985), ch. 10 (4e suppl.), art. 17(F); 1994, ch. 47, art. 59;

1997, ch. 24, art. 14; 2001, ch. 27, art. 237; 2012, ch. 20, art. 11.

Dispositions communes aux artistes-interprètes et aux producteurs d’enregistrements sonores

Droit à rémunération : Canada

19 (1) Sous réserve du paragraphe 20(1), l’artiste-interprète et le producteur ont

chacun droit à une rémunération équitable pour l’exécution en public ou la

communication au public par télécommunication — à l’exclusion de la

communication visée aux alinéas 15(1.1)d) ou 18(1.1)a) et de toute

retransmission — de l’enregistrement sonore publié.

Droit à rémunération : pays partie à la Convention de Rome

(1.1) Sous réserve des paragraphes 20(1.1) et (2), l’artiste-interprète et le

producteur ont chacun droit à une rémunération équitable pour l’exécution en

public ou la communication au public par télécommunication de l’enregistrement

sonore publié, à l’exclusion :

a) de la communication visée aux alinéas 15(1.1)d) ou 18(1.1)a) si la

personne ayant droit à la rémunération équitable jouit également du droit

exclusif mentionné à ces alinéas pour cette communication;

b) de toute retransmission.

Droit à rémunération : pays partie au traité de l’OIEP

(1.2) Sous réserve des paragraphes 20(1.2) et (2.1), l’artiste-interprète et le

producteur ont chacun droit à une rémunération équitable pour l’exécution en

public ou la communication au public par télécommunication — à l’exclusion de la

communication visée aux alinéas 15(1.1)d) ou 18(1.1)a) et de toute

retransmission — de l’enregistrement sonore publié.

Redevances

(2) En vue de cette rémunération, quiconque exécute en public ou communique

au public par télécommunication l’enregistrement sonore publié doit verser des

redevances :

a) dans le cas de l’enregistrement sonore d’une oeuvre musicale, à la société

de gestion chargée, en vertu de la partie VII.1, de les percevoir;

b) dans le cas de l’enregistrement sonore d’une oeuvre littéraire ou d’une

oeuvre dramatique, soit au producteur, soit à l’artiste-interprète.

Partage des redevances

(3) Les redevances versées en application de l’alinéa (2)a) ou b), selon le cas,

sont partagées par moitié entre le producteur et l’artiste-interprète.

L.R. (1985), ch. C-42, art. 19; 1994, ch. 47, art. 59; 1997, ch. 24, art. 14; 2012, ch. 20, art. 12;

2018, ch. 27, art. 281.

Assimilation : Canada

19.1 Malgré le paragraphe 2.2(1), s’il a été mis à la disposition du public ou lui a

été communiqué, par télécommunication, de manière que chacun puisse y avoir

accès de l’endroit et au moment qu’il choisit individuellement, l’enregistrement

sonore est réputé, pour l’application du paragraphe 19(1), avoir été publié.

2012, ch. 20, art. 13.

Assimilation : pays partie au traité de l’OIEP

19.2 Malgré le paragraphe 2.2(1), s’il a été mis à la disposition du public ou lui a

été communiqué, par télécommunication, de manière que chacun puisse y avoir

accès de l’endroit et au moment qu’il choisit individuellement, l’enregistrement

sonore est réputé, pour l’application du paragraphe 19(1.2), avoir été publié.

2012, ch. 20, art. 14.

Conditions : Canada

20 (1) Le droit à rémunération conféré par le paragraphe 19(1) ne peut être

exercé que si, selon le cas :

a) le producteur, à la date de la première fixation, soit est un citoyen canadien

ou un résident permanent au sens du paragraphe 2(1) de la Loi sur

l’immigration et la protection des réfugiés, soit, s’il s’agit d’une personne

morale, a son siège social au Canada;

b) toutes les fixations réalisées en vue de la confection de l’enregistrement

sonore ont eu lieu au Canada.

Conditions : pays partie à la Convention de Rome

(1.1) Le droit à rémunération conféré par le paragraphe 19(1.1) ne peut être

exercé que si, selon le cas :

a) le producteur, à la date de la première fixation, soit est un citoyen ou un

résident permanent d’un pays partie à la Convention de Rome, soit, s’il s’agit

d’une personne morale, a son siège social dans un tel pays;

b) toutes les fixations réalisées en vue de la confection de l’enregistrement

sonore ont eu lieu dans un pays partie à la Convention de Rome.

Conditions : pays partie au traité de l’OIEP

(1.2) Le droit à rémunération conféré par le paragraphe 19(1.2) ne peut être

exercé que si, selon le cas :

a) le producteur, à la date de la première fixation, soit est un citoyen ou un

résident permanent d’un pays partie au traité de l’OIEP, soit, s’il s’agit d’une

personne morale, a son siège social dans un tel pays;

b) toutes les fixations réalisées en vue de la confection de l’enregistrement

sonore ont eu lieu dans un pays partie au traité de l’OIEP.

Exception : pays partie à la Convention de Rome

(2) Malgré le paragraphe (1.1), s’il est d’avis qu’un pays partie à la Convention de

Rome n’accorde pas de droit à rémunération semblable, en ce qui concerne

l’étendue et la durée, à celui prévu au paragraphe 19(1.1), pour l’exécution en

public ou la communication au public d’un enregistrement sonore dont le

producteur, à la date de la première fixation, soit est un citoyen canadien ou un

résident permanent au sens du paragraphe 2(1) de la Loi sur l’immigration et la

protection des réfugiés, soit, s’il s’agit d’une personne morale, a son siège social

au Canada, le ministre peut, en publiant une déclaration dans la Gazette du

Canada, limiter l’étendue et la durée de la protection qui sera accordée dans le

cas des enregistrements sonores dont la première fixation est effectuée par un

producteur citoyen ou résident permanent de ce pays ou, s’il s’agit d’une

personne morale, ayant son siège social dans ce pays.

Exception : pays partie au traité de l’OIEP

(2.1) Malgré le paragraphe (1.2), s’il est d’avis qu’un pays partie au traité de

l’OIEP n’accorde pas de droit à rémunération semblable, en ce qui concerne

l’étendue et la durée, à celui prévu au paragraphe 19(1.2), pour l’exécution en