Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2016-06-21 and last amended on 2015-06-23. Previous Versions

Security

Marginal note:Security
  •  (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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Incidental use

 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

Marginal note:Temporary reproductions

 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

  • (c) the reproduction exists only for the duration of the technological process.

  • 2012, c. 20, s. 32.

Ephemeral Recordings

Marginal note:Ephemeral recordings
  •  (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;

    • (c) does not synchronize the fixation or reproduction with all or part of another 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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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).

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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

    • (c) a distribution undertaking as defined in subsection 2(1) of the Broadcasting 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.
Marginal note:Ephemeral recordings — broadcasting undertaking
  •  (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;

    • (c) makes the reproduction itself, for its own broadcasts;

    • (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
 
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