Copyright Act

Marginal note:Infringement generally

• 27 (1) It is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that by this Act only the owner of the copyright has the right to do.

• Marginal note:Secondary infringement

  (2) It is an infringement of copyright for any person to

  • (a) sell or rent out,

  • (b) distribute to such an extent as to affect prejudicially the owner of the copyright,

  • (c) by way of trade distribute, expose or offer for sale or rental, or exhibit in public,

  • (d) possess for the purpose of doing anything referred to in paragraphs (a) to (c), or

  • (e) import into Canada for the purpose of doing anything referred to in paragraphs (a) to (c),

  a copy of a work, sound recording or fixation of a performer’s performance or of a communication signal that the person knows or should have known infringes copyright or would infringe copyright if it had been made in Canada by the person who made it.

• Marginal note:Clarification

  (2.1) For greater certainty, a copy made outside Canada does not infringe copyright under subsection (2) if, had it been made in Canada, it would have been made under a limitation or exception under this Act.

• Marginal note:Secondary infringement  — exportation

  (2.11) It is an infringement of copyright for any person, for the purpose of doing anything referred to in paragraphs (2)(a) to (c), to export or attempt to export a copy  —  of a work, sound recording or fixation of a performer’s performance or of a communication signal  —  that the person knows or should have known was made without the consent of the owner of the copyright in the country where the copy was made.

• Marginal note:Exception

  (2.12) Subsection (2.11) does not apply with respect to a copy that was made under a limitation or exception under this Act or, if it was made outside Canada, that would have been made under such a limitation or exception had it been made in Canada.

• Marginal note:Secondary infringement related to lesson

  (2.2) It is an infringement of copyright for any person to do any of the following acts with respect to anything that the person knows or should have known is a lesson, as defined in subsection 30.01(1), or a fixation of one:

  • (a) to sell it or to rent it out;

  • (b) to distribute it to an extent that the owner of the copyright in the work or other subject-matter that is included in the lesson is prejudicially affected;

  • (c) by way of trade, to distribute it, expose or offer it for sale or rental or exhibit it in public;

  • (d) to possess it for the purpose of doing anything referred to in any of paragraphs (a) to (c);

  • (e) to communicate it by telecommunication to any person other than a person referred to in paragraph 30.01(3)(a); or

  • (f) to circumvent or contravene any measure taken in conformity with paragraph 30.01(6)(b), (c) or (d).

• Marginal note:Infringement — provision of services

  (2.3) It is an infringement of copyright for a person, by means of the Internet or another digital network, to provide a service primarily for the purpose of enabling acts of copyright infringement if an actual infringement of copyright occurs by means of the Internet or another digital network as a result of the use of that service.

• Marginal note:Factors

  (2.4) In determining whether a person has infringed copyright under subsection (2.3), the court may consider

  • (a) whether the person expressly or implicitly marketed or promoted the service as one that could be used to enable acts of copyright infringement;

  • (b) whether the person had knowledge that the service was used to enable a significant number of acts of copyright infringement;

  • (c) whether the service has significant uses other than to enable acts of copyright infringement;

  • (d) the person’s ability, as part of providing the service, to limit acts of copyright infringement, and any action taken by the person to do so;

  • (e) any benefits the person received as a result of enabling the acts of copyright infringement; and

  • (f) the economic viability of the provision of the service if it were not used to enable acts of copyright infringement.

• Marginal note:Knowledge of importer

  (3) In determining whether there is an infringement under subsection (2) in the case of an activity referred to in any of paragraphs (2)(a) to (d) in relation to a copy that was imported in the circumstances referred to in paragraph (2)(e), it is irrelevant whether the importer knew or should have known that the importation of the copy infringed copyright.

• Marginal note:Plates

  (4) It is an infringement of copyright for any person to make or possess a plate that has been specifically designed or adapted for the purpose of making infringing copies of a work or other subject-matter.

• Marginal note:Public performance for profit

  (5) It is an infringement of copyright for any person, for profit, to permit a theatre or other place of entertainment to be used for the performance in public of a work or other subject-matter without the consent of the owner of the copyright unless that person was not aware, and had no reasonable ground for suspecting, that the performance would be an infringement of copyright.