Copyright Act (R.S.C., 1985, c. C-42)

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

Marginal note:Law enforcement and national security
  •  (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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Interoperability of computer programs
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Encryption research
  •  (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

    • (c) the person has informed the owner of the copyright in the work, the performer’s performance fixed in a sound recording or the sound recording who has applied the technological protection measure.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Personal information
  •  (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.

  • Marginal note: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.
Marginal note:Security
  •  (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.

  • Marginal note:Services

    (2) Paragraph 41.1(1)(b) does not apply if the services are provided to a person described in subsection (1).

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Persons with perceptual disabilities
  •  (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;

    • (c) to permit a non-profit organization referred to in subsection 32.01(1) to benefit from the exception set out in section 32.01.

  • Marginal note: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.
 
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