Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2015-08-30 and last amended on 2015-06-23. Previous Versions

Marginal note:Importation of books
  •  (1) A court may, subject to this section, make an order described in subsection 44.12(3) in relation to a book where the court is satisfied that

    • (a) copies of the book are about to be imported into Canada, or have been imported into Canada but have not yet been released;

    • (b) 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 in Canada of the copyright in the book; and

    • (c) the copies would infringe copyright if they were made in Canada by the importer and the importer knows or should have known this.

  • Marginal note:Who may apply

    (2) A court may make an order described in subsection 44.12(3) in relation to a book on application by

    • (a) the owner of the copyright in the book in Canada;

    • (b) the exclusive licensee of the copyright in the book in Canada; or

    • (c) the exclusive distributor of the book.

  • 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:Application of certain provisions

    (4) Subsections 44.12(3) to (10) apply, with such modifications as the circumstances require, in respect of an order made under subsection (1).

  • 1994, c. 47, s. 66;
  • 1997, c. 24, s. 28;
  • 2014, c. 32, s. 6.
Marginal note:Limitation

 No exclusive licensee of the copyright in a book in Canada, and no exclusive distributor of a book, may obtain an order under section 44.2 against another exclusive licensee of the copyright in that book in Canada or against another exclusive distributor of that book.

  • 1997, c. 24, s. 28.
Marginal note:Importation of other subject-matter

 Section 44.12 applies, with such modifications as the circumstances require, in respect of a sound recording, performer’s performance or communication signal, where a fixation or a reproduction of a fixation of it

  • (a) is about to be imported into Canada, or has been imported into Canada but has not yet been released;

  • (b) either

    • (i) was made without the consent of the person who then owned the copyright in the sound recording, performer’s performance or communication signal, as the case may be, in the country where the fixation or reproduction was made, or

    • (ii) was made elsewhere than in a country to which Part II extends; and

  • (c) would infringe the right of the owner of copyright in the sound recording, performer’s performance or communication signal if it was made in Canada by the importer and the importer knows or should have known this.

  • 1997, c. 24, s. 28;
  • 2014, c. 32, s. 6.