Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2016-08-15 and last amended on 2016-06-22. Previous Versions

Retransmission

Marginal note:Interpretation
  •  (1) In this section,

    new media retransmitter

    retransmetteur de nouveaux médias

    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

    retransmetteur

    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

    signal

    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)

  • Marginal note: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;

    • (c) the signal is retransmitted simultaneously and without alteration, except as 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).

  • Marginal note: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

Marginal note:Network services
  •  (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 copyright in that work or other subject-matter.

  • Marginal note: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 copyright in the work or other subject-matter.

  • Marginal note: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

    • (c) 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.

  • Marginal note: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 copyright in the work or other subject-matter.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Reproduction in alternate format
  •  (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; or

    • (c) perform in public a literary or dramatic work, other than a cinematographic work, in sign language, either live or in a format specially designed for persons with a perceptual disability.

  • Marginal note: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.
Marginal note:Print disability — outside Canada
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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

    • (c) the non-profit organization demonstrates that it had reasonable grounds to 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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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;

    • (c) respecting any royalties to be paid under subsections (4) and (5);

    • (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).

  • Marginal note:Definitions

    (8) The following definitions apply in this section.

    Marrakesh Treaty country

    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

    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

    • (c) an impairment relating to comprehension. (déficience de lecture des imprimés)

  • 2012, c. 20, s. 37;
  • 2016, c. 4, s. 2.
 
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