Copyright Act (R.S.C., 1985, c. C-42)

Marginal note:Injunction only remedy when defendant not aware of copyright

• 39 (1) Subject to subsection (2), in any proceedings for infringement of copyright, the plaintiff is not entitled to any remedy other than an injunction in respect of the infringement if the defendant proves that, at the date of the infringement, the defendant was not aware and had no reasonable ground for suspecting that copyright subsisted in the work or other subject-matter in question.

• Marginal note:Exception where copyright registered

  (2) Subsection (1) does not apply if, at the date of the infringement, the copyright was duly registered under this Act.