Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2014-12-08 and last amended on 2012-11-07. Previous Versions

Parallel Importation of Books

Marginal note:Importation of books
  •  (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 copyright in the book in the country where the copies were made, but were 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 copyright if it was made in Canada by the importer.

  • Marginal note: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 copyright in an imported book for any person who knew or should have known 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

    • (c) possess the book for the purpose of any of the activities referred to in paragraph (a) or (b).

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

 [Repealed, 1997, c. 24, s. 15]

 [Repealed, 1997, c. 24, s. 16]

 [Repealed, 1997, c. 24, s. 17]

Moral Rights Infringement

Marginal note:Infringement generally

 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.