Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2014-07-22 and last amended on 2012-11-07. Previous Versions

Marginal note:Telecommunication

 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.
Marginal note:Communication to the public by telecommunication
  •  (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

    • (c) where a person, as part of

      • (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.

  • Marginal note: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.

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations defining “programming undertaking” for the purpose of paragraph (1)(c).

  • Marginal note: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.
Marginal note:What constitutes rental
  •  (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.

  • Marginal note: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.