Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2016-05-12 and last amended on 2015-06-23. Previous Versions

Criminal Remedies

Marginal note:Offences
  •  (1) Every person commits an offence who knowingly

    • (a) makes for sale or rental an infringing copy of a work or other subject-matter in which copyright subsists;

    • (b) sells or rents out, or by way of trade exposes or offers for sale or rental, an infringing copy of a work or other subject-matter in which copyright subsists;

    • (c) distributes infringing copies of a work or other subject-matter in which copyright subsists, either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright;

    • (d) by way of trade exhibits in public an infringing copy of a work or other subject-matter in which copyright subsists;

    • (e) possesses, for sale, rental, distribution for the purpose of trade or exhibition in public by way of trade, an infringing copy of a work or other subject-matter in which copyright subsists;

    • (f) imports, for sale or rental, into Canada any infringing copy of a work or other subject-matter in which copyright subsists; or

    • (g) exports or attempts to export, for sale or rental, an infringing copy of a work or other subject-matter in which copyright subsists.

  • Marginal note:Possession and performance offences

    (2) Every person commits an offence who knowingly

    • (a) makes or possesses any plate that is specifically designed or adapted for the purpose of making infringing copies of any work or other subject-matter in which copyright subsists; or

    • (b) for private profit causes to be performed in public, without the consent of the owner of the copyright, any work or other subject-matter in which copyright subsists.

  • Marginal note:Punishment

    (2.1) Every person who commits an offence under subsection (1) or (2) is liable

    • (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or

    • (b) on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than six months or to both.

  • Marginal note:Power of court to deal with copies or plates

    (3) The court before which any proceedings under this section are taken may, on conviction, order that all copies of the work or other subject-matter that appear to it to be infringing copies, or all plates in the possession of the offender predominantly used for making infringing copies, be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.

  • Marginal note:Notice

    (3.01) Before making an order under subsection (3), the court shall require that notice be given to the owner of the copies or plates and to any other person who, in the court’s opinion, appears to have a right or interest in them, unless the court is of the opinion that the interests of justice do not require that the notice be given.

  • Marginal note:Circumvention of technological protection measure

    (3.1) Every person, except a person who is acting on behalf of a library, archive or museum or an educational institution, is guilty of an offence who knowingly and for commercial purposes contravenes section 41.1 and is liable

    • (a) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years or to both; or

    • (b) on summary conviction, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding six months or to both.

  • Marginal note:Limitation period

    (4) Proceedings by summary conviction in respect of an offence under this section may be instituted at any time within, but not later than, two years after the time when the offence was committed.

  • Marginal note:Parallel importation

    (5) For the purposes of this section, a copy of a work or other subject-matter is not infringing if the copy was made with the consent of the owner of the copyright in the country where the copy was made.

  • R.S., 1985, c. C-42, s. 42;
  • R.S., 1985, c. 10 (4th Supp.), s. 10;
  • 1997, c. 24, s. 24;
  • 2012, c. 20, s. 48;
  • 2014, c. 32, s. 4.
Marginal note:Infringement in case of dramatic, operatic or musical work
  •  (1) Any person who, without the written consent of the owner of the copyright or of the legal representative of the owner, knowingly performs or causes to be performed in public and for private profit the whole or any part, constituting an infringement, of any dramatic or operatic work or musical composition in which copyright subsists in Canada is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred and fifty dollars and, in the case of a second or subsequent offence, either to that fine or to imprisonment for a term not exceeding two months or to both.

  • Marginal note:Change or suppression of title or author’s name

    (2) Any person who makes or causes to be made any change in or suppression of the title, or the name of the author, of any dramatic or operatic work or musical composition in which copyright subsists in Canada, or who makes or causes to be made any change in the work or composition itself without the written consent of the author or of his legal representative, in order that the work or composition may be performed in whole or in part in public for private profit, is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars and, in the case of a second or subsequent offence, either to that fine or to imprisonment for a term not exceeding four months or to both.

  • R.S., c. C-30, s. 26.

Limitation or Prescription Period

Marginal note:Limitation or prescription period for civil remedies
  •  (1) Subject to subsection (2), a court may award a remedy for any act or omission that has been done contrary to this Act only if

    • (a) the proceedings for the act or omission giving rise to a remedy are commenced within three years after it occurred, in the case where the plaintiff knew, or could reasonably have been expected to know, of the act or omission at the time it occurred; or

    • (b) the proceedings for the act or omission giving rise to a remedy are commenced within three years after the time when the plaintiff first knew of it, or could reasonably have been expected to know of it, in the case where the plaintiff did not know, and could not reasonably have been expected to know, of the act or omission at the time it occurred.

  • Marginal note:Restriction

    (2) The court shall apply the limitation or prescription period set out in paragraph (1)(a) or (b) only in respect of a party who pleads a limitation period.

  • 1994, c. 47, s. 64;
  • 1997, c. 24, s. 25;
  • 2012, c. 20, s. 49.

Importation and Exportation

Interpretation

Marginal note:Definitions

 The following definitions apply in sections 44.02 to 44.4.

court

tribunal

court means the Federal Court or the superior court of a province. (tribunal)

customs officer

agent des douanes

customs officer has the meaning assigned by the definition officer in subsection 2(1) of the Customs Act. (agent des douanes)

duties

droits

duties has the same meaning as in subsection 2(1) of the Customs Act. (droits)

Minister

ministre

Minister means the Minister of Public Safety and Emergency Preparedness. (ministre)

release

dédouane­ment

release has the same meaning as in subsection 2(1) of the Customs Act. (dédouane­ment)

working day

jour ouvrable

working day means a day other than a Saturday or a holiday. (jour ouvrable)

  • R.S., 1985, c. C-42, s. 44;
  • R.S., 1985, c. 41 (3rd Supp.), s. 116;
  • 1997, c. 36, s. 205;
  • 1999, c. 17, s. 119;
  • 2005, c. 38, s. 139;
  • 2014, c. 32, s. 5.

Prohibition and Detention by Customs Officer

Prohibition

Marginal note:Prohibition on importation or exportation
  •  (1) Copies of a work or other subject-matter in which copyright subsists shall not be imported or exported if

    • (a) they were made without the consent of the owner of the copyright in the country where they were made; and

    • (b) they infringe copyright or, if they were not made in Canada, they would infringe copyright had they been made in Canada by the person who made them.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to

    • (a) copies that are imported or exported by an individual in their possession or baggage if the circumstances, including the number of copies, indicate that the copies are intended only for their personal use; or

    • (b) copies that, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada.

  • 2014, c. 32, s. 5.
 
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