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Copyright Act (R.S.C., 1985, c. C-42)

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Act current to 2020-07-28 and last amended on 2020-07-01. Previous Versions

PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement (continued)

Exceptions (continued)

Ephemeral Recordings (continued)

Marginal note:Ephemeral recordings — broadcasting undertaking

  •  (1) It is not an infringement of copyright for a broadcasting undertaking to reproduce in accordance with this section a sound recording, or a performer’s performance or work that is embodied in a sound recording, solely for the purpose of their broadcasting, if the undertaking

    • (a) owns the copy of the sound recording, performer’s performance or work and that copy is authorized by the owner of the copyright, or has a licence to use the copy;

    • (b) is authorized to communicate the sound recording, performer’s performance or work to the public by telecommunication;

    • (c) makes the reproduction itself, for its own broadcasts;

    • (d) does not synchronize the reproduction with all or part of another recording, performer’s performance or work; and

    • (e) does not cause the reproduction to be used in an advertisement intended to sell or promote, as the case may be, a product, service, cause or institution.

  • Marginal note:Record keeping

    (2) The broadcasting undertaking must record the dates of the making and destruction of all reproductions and any other prescribed information about the reproduction, and keep the record current.

  • Marginal note:Right of access by copyright owners

    (3) The broadcasting undertaking must make the record referred to in subsection (2) available to owners of copyright in the sound recordings, performer’s performances or works, or their representatives, within twenty-four hours after receiving a request.

  • Marginal note:Destruction

    (4) The broadcasting undertaking must destroy the reproduction when it no longer possesses the sound recording, or performer’s performance or work embodied in the sound recording, or its licence to use the sound recording, performer’s performance or work expires, or at the latest within 30 days after making the reproduction, unless the copyright owner authorizes the reproduction to be retained.

  • Marginal note:Royalty

    (5) If the copyright owner authorizes the reproduction to be retained, the broadcasting undertaking must pay any applicable royalty.

  • (6) [Repealed, 2012, c. 20, s. 34]

  • Marginal note:Definition of broadcasting undertaking

    (7) In this section, broadcasting undertaking means a broadcasting undertaking as defined in subsection 2(1) of the Broadcasting Act that holds a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission under that Act.

  • 1997, c. 24, s. 18
  • 2012, c. 20, s. 34

Retransmission

Marginal note:Interpretation

  •  (1) In this section,

    new media retransmitter

    new media retransmitter means a person whose retransmission is lawful under the Broadcasting Act only by reason of the Exemption Order for New Media Broadcasting Undertakings issued by the Canadian Radio-television and Telecommunications Commission as Appendix A to Public Notice CRTC 1999-197, as amended from time to time; (retransmetteur de nouveaux médias)

    retransmitter

    retransmitter means a person who performs a function comparable to that of a cable retransmission system, but does not include a new media retransmitter; (retransmetteur)

    signal

    signal means a signal that carries a literary, dramatic, musical or artistic work and is transmitted for free reception by the public by a terrestrial radio or terrestrial television station. (signal)

  • Marginal note:Retransmission of local and distant signals

    (2) It is not an infringement of copyright for a retransmitter to communicate to the public by telecommunication any literary, dramatic, musical or artistic work if

    • (a) the communication is a retransmission of a local or distant signal;

    • (b) the retransmission is lawful under the Broadcasting Act;

    • (c) the signal is retransmitted simultaneously and without alteration, except as otherwise required or permitted by or under the laws of Canada;

    • (d) in the case of the retransmission of a distant signal, the retransmitter has paid any royalties, and complied with any terms and conditions, fixed under this Act; and

    • (e) the retransmitter complies with the applicable conditions, if any, referred to in paragraph (3)(b).

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations

    • (a) defining “local signal” and “distant signal” for the purposes of subsection (2); and

    • (b) prescribing conditions for the purposes of paragraph (2)(e), and specifying whether any such condition applies to all retransmitters or only to a class of retransmitter.

  • R.S., 1985, c. C-42, s. 31
  • R.S., 1985, c. 10 (4th Supp.), s. 7
  • 1988, c. 65, s. 63
  • 1997, c. 24, ss. 16, 52(F)
  • 2002, c. 26, s. 2

Network Services

Marginal note:Network services

  •  (1) A person who, in providing services related to the operation of the Internet or another digital network, provides any means for the telecommunication or the reproduction of a work or other subject-matter through the Internet or that other network does not, solely by reason of providing those means, infringe copyright in that work or other subject-matter.

  • Marginal note:Incidental acts

    (2) Subject to subsection (3), a person referred to in subsection (1) who caches the work or other subject-matter, or does any similar act in relation to it, to make the telecommunication more efficient does not, by virtue of that act alone, infringe copyright in the work or other subject-matter.

  • Marginal note:Conditions for application

    (3) Subsection (2) does not apply unless the person, in respect of the work or other subject-matter,

    • (a) does not modify it, other than for technical reasons;

    • (b) ensures that any directions related to its caching or the doing of any similar act, as the case may be, that are specified in a manner consistent with industry practice by whoever made it available for telecommunication through the Internet or another digital network, and that lend themselves to automated reading and execution, are read and executed; and

    • (c) does not interfere with the use of technology that is lawful and consistent with industry practice in order to obtain data on the use of the work or other subject-matter.

  • Marginal note:Hosting

    (4) Subject to subsection (5), a person who, for the purpose of allowing the telecommunication of a work or other subject-matter through the Internet or another digital network, provides digital memory in which another person stores the work or other subject-matter does not, by virtue of that act alone, infringe copyright in the work or other subject-matter.

  • Marginal note:Condition for application

    (5) Subsection (4) does not apply in respect of a work or other subject-matter if the person providing the digital memory knows of a decision of a court of competent jurisdiction to the effect that the person who has stored the work or other subject-matter in the digital memory infringes copyright by making the copy of the work or other subject-matter that is stored or by the way in which he or she uses the work or other subject-matter.

  • Marginal note:Exception

    (6) Subsections (1), (2) and (4) do not apply in relation to an act that constitutes an infringement of copyright under subsection 27(2.3).

  • 2012, c. 20, s. 35

Persons with Perceptual Disabilities

Marginal note:Reproduction in alternate format

  •  (1) It is not an infringement of copyright for a person with a perceptual disability, for a person acting at the request of such a person or for a non-profit organization acting for the benefit of such a person to

    • (a) reproduce a literary, musical, artistic or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability;

    • (a.1) fix a performer’s performance of a literary, musical, artistic or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability;

    • (a.2) reproduce a sound recording, or a fixation of a performer’s performance referred to in paragraph (a.1), in a format specially designed for persons with a perceptual disability;

    • (b) translate, adapt or reproduce in sign language a literary or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability;

    • (b.1) provide a person with a perceptual disability with, or provide such a person with access to, a work or other subject-matter to which any of paragraphs (a) to (b) applies, in a format specially designed for persons with a perceptual disability, and do any other act that is necessary for that purpose; or

    • (c) perform in public a literary or dramatic work, other than a cinematographic work, in sign language, either live or in a format specially designed for persons with a perceptual disability.

  • Marginal note:Limitation

    (2) Subsection (1) does not apply if the work or other subject-matter is commercially available, within the meaning of paragraph (a) of the definition commercially available in section 2, in a format specially designed to meet the needs of the person with a perceptual disability referred to in that subsection.

  • (3) [Repealed, 2016, c. 4, s. 1]

  • R.S., 1985, c. C-42, s. 32
  • R.S., 1985, c. 10 (4th Supp.), s. 7
  • 1997, c. 24, s. 19
  • 2012, c. 20, s. 36
  • 2016, c. 4, s. 1
 
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