Copyright Act (R.S.C., 1985, c. C-42)

Marginal note:Prohibition

• 41.1 (1) No person shall

  • (a) circumvent a technological protection measure within the meaning of paragraph (a) of the definition technological protection measure in section 41;

  • (b) offer services to the public or provide services if

    • (i) the services are offered or provided primarily for the purposes of circumventing a technological protection measure,

    • (ii) the uses or purposes of those services are not commercially significant other than when they are offered or provided for the purposes of circumventing a technological protection measure, or

    • (iii) the person markets those services as being for the purposes of circumventing a technological protection measure or acts in concert with another person in order to market those services as being for those purposes; or

  • (c) manufacture, import, distribute, offer for sale or rental or provide — including by selling or renting — any technology, device or component if

    • (i) the technology, device or component is designed or produced primarily for the purposes of circumventing a technological protection measure,

    • (ii) the uses or purposes of the technology, device or component are not commercially significant other than when it is used for the purposes of circumventing a technological protection measure, or

    • (iii) the person markets the technology, device or component as being for the purposes of circumventing a technological protection measure or acts in concert with another person in order to market the technology, device or component as being for those purposes.

• Marginal note:Circumvention of technological protection measure

  (2) The owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording in respect of which paragraph (1)(a) has been contravened is, subject to this Act and any regulations made under section 41.21, entitled to all remedies — by way of injunction, damages, accounts, delivery up and otherwise — that are or may be conferred by law for the infringement of copyright against the person who contravened that paragraph.

• Marginal note:No statutory damages

  (3) The owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording in respect of which paragraph (1)(a) has been contravened may not elect under section 38.1 to recover statutory damages from an individual who contravened that paragraph only for his or her own private purposes.

• Marginal note:Services, technology, device or component

  (4) Every owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording in respect of which a technological protection measure has been or could be circumvented as a result of the contravention of paragraph (1)(b) or (c) is, subject to this Act and any regulations made under section 41.21, entitled to all remedies — by way of injunction, damages, accounts, delivery up and otherwise — that are or may be conferred by law for the infringement of copyright against the person who contravened paragraph (1)(b) or (c).