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Copyright Act (R.S.C., 1985, c. C-42)

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Act current to 2021-11-17 and last amended on 2020-07-01. Previous Versions

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

Exceptions (continued)

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  • (3) [Repealed, 2016, c. 4, s. 1]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

Marginal note:Print disability  —  outside Canada

  •  (1) Subject to this section, it is not an infringement of copyright for a non-profit organization acting for the benefit of persons with a print disability to do any of the following:

    • (a) for the purpose of doing any of the acts set out in paragraph (b),

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

      • (ii) 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 print disability, or

      • (iii) reproduce a sound recording, or a fixation of a performer’s performance referred to in subparagraph (ii), in a format specially designed for persons with a print disability;

    • (b) provide either of the following with, or provide either of the following with access to, a work or other subject-matter to which any of subparagraphs (a)(i) to (iii) applies, in a format specially designed for persons with a print disability, and do any other act that is necessary for that purpose:

      • (i) a non-profit organization, in a country other than Canada, acting for the benefit of persons with a print disability in that country, or

      • (ii) a person with a print disability, in a country other than Canada, who has made a request to be provided with, or provided with access to, the work or other subject-matter through a non-profit organization acting for the benefit of persons with a print disability in that country.

  • Marginal note:Available in other country

    (2) Paragraph (1)(b) does not apply if the work or other subject-matter, in the format specially designed for persons with a print disability, is available in the other country within a reasonable time and for a reasonable price and may be located in that country with reasonable effort.

  • Marginal note:Marrakesh Treaty country

    (3) An injunction is the only remedy that the owner of the copyright in the work or other subject-matter has against a non-profit organization relying on the exception set out in paragraph (1)(b) if

    • (a) the other country referred to in that paragraph is a Marrakesh Treaty country; and

    • (b) the non-profit organization infringes copyright by reason only that the work or other subject-matter, in the format described in subsection (2), is available, and may be located, as described in that subsection.

    The owner of the copyright bears the burden of demonstrating that the work or other subject-matter, in the format described in subsection (2), is available, and may be located, as described in that subsection.

  • Marginal note:Not Marrakesh Treaty country

    (3.1) An injunction is the only remedy that the owner of the copyright in the work or other subject-matter has against a non-profit organization relying on the exception set out in paragraph (1)(b) if

    • (a) the other country referred to in that paragraph is not a Marrakesh Treaty country;

    • (b) the non-profit organization infringes copyright by reason only that the work or other subject-matter, in the format described in subsection (2), is available, and may be located, as described in that subsection; and

    • (c) the non-profit organization demonstrates that it had reasonable grounds to believe that the work or other subject-matter, in the format described in subsection (2), was not available, and could not be located, as described in that subsection.

  • Marginal note:Royalty

    (4) A non-profit organization relying on the exception set out in subsection (1) shall pay, in accordance with the regulations, any royalty established under the regulations to the copyright owner.

  • Marginal note:If copyright owner cannot be located

    (5) If the organization cannot locate the copyright owner, despite making reasonable efforts to do so, the organization shall pay, in accordance with the regulations, any royalty established under the regulations to a collective society.

  • Marginal note:Reports

    (6) A non-profit organization relying on the exception set out in subsection (1) shall submit reports to an authority, in accordance with the regulations, on the organization’s activities under this section.

  • Marginal note:Regulations

    (7) The Governor in Council may make regulations

    • (a) requiring that, before a non-profit organization provides, or provides access to, a work or other subject-matter under paragraph (1)(b), the organization enter into a contract with respect to the use of the work or other subject-matter with, as the case may be, the recipient non-profit organization or the non-profit organization through which the request was made;

    • (b) respecting the form and content of such contracts;

    • (c) respecting any royalties to be paid under subsections (4) and (5);

    • (d) respecting to which collective society a royalty is payable in relation to works or other subject-matter, or classes of works or other subject-matter, for the purposes of subsection (5);

    • (e) respecting what constitutes reasonable efforts for the purposes of subsection (5); and

    • (f) respecting the reports to be made, and the authorities to which the reports are to be submitted, under subsection (6).

  • Marginal note:Definitions

    (8) The following definitions apply in this section.

    Marrakesh Treaty country

    Marrakesh Treaty country means a country that is a party to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, done at Marrakesh on June 27, 2013. (pays partie au Traité de Marrakech)

    print disability

    print disability means a disability that prevents or inhibits a person from reading a literary, musical, artistic or dramatic work in its original format and includes such a disability resulting from

    • (a) severe or total impairment of sight or the inability to focus or move one’s eyes;

    • (b) the inability to hold or manipulate a book; or

    • (c) an impairment relating to comprehension. (déficience de lecture des imprimés)

  • 2012, c. 20, s. 37
  • 2016, c. 4, s. 2

Marginal note:Definition of non-profit organization

 In sections 32 and 32.01, non-profit organization includes a department, agency or other portion of any order of government, including a municipal or local government, when it is acting on a non-profit basis.

  • 2016, c. 4, s. 3

Statutory Obligations

Marginal note:No infringement

  •  (1) It is not an infringement of copyright for any person

    • (a) to disclose, pursuant to the Access to Information Act, a record within the meaning of that Act, or to disclose, pursuant to any like Act of the legislature of a province, like material;

    • (b) to disclose, pursuant to the Privacy Act, personal information within the meaning of that Act, or to disclose, pursuant to any like Act of the legislature of a province, like information;

    • (c) to make a copy of an object referred to in section 14 of the Cultural Property Export and Import Act, for deposit in an institution pursuant to a direction under that section; and

    • (d) to make a fixation or copy of a work or other subject-matter in order to comply with the Broadcasting Act or any rule, regulation or other instrument made under it.

  • Marginal note:Limitation

    (2) Nothing in paragraph (1)(a) or (b) authorizes a person to whom a record or information is disclosed to do anything that, by this Act, only the owner of the copyright in the record, personal information or like information, as the case may be, has a right to do.

  • Marginal note:Destruction of fixation or copy

    (3) Unless the Broadcasting Act otherwise provides, a person who makes a fixation or copy under paragraph (1)(d) shall destroy it immediately on the expiration of the period for which it must be kept pursuant to that Act, rule, regulation or other instrument.

  • 1997, c. 24, s. 19

Miscellaneous

Marginal note:Permitted acts

  •  (1) It is not an infringement of copyright

    • (a) for an author of an artistic work who is not the owner of the copyright in the work to use any mould, cast, sketch, plan, model or study made by the author for the purpose of the work, if the author does not thereby repeat or imitate the main design of the work;

    • (b) for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work

      • (i) an architectural work, provided the copy is not in the nature of an architectural drawing or plan, or

      • (ii) a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building;

    • (c) for any person to make or publish, for the purposes of news reporting or news summary, a report of a lecture given in public, unless the report is prohibited by conspicuous written or printed notice affixed before and maintained during the lecture at or about the main entrance of the building in which the lecture is given, and, except while the building is being used for public worship, in a position near the lecturer;

    • (d) for any person to read or recite in public a reasonable extract from a published work;

    • (e) for any person to make or publish, for the purposes of news reporting or news summary, a report of an address of a political nature given at a public meeting; or

    • (f) for an individual to use for private or non-commercial purposes, or permit the use of for those purposes, a photograph or portrait that was commissioned by the individual for personal purposes and made for valuable consideration, unless the individual and the owner of the copyright in the photograph or portrait have agreed otherwise.

  • Marginal note:Further permitted acts

    (2) It is not an infringement of copyright for a person to do any of the following acts without motive of gain at any agricultural or agricultural-industrial exhibition or fair that receives a grant from or is held by its directors under federal, provincial or municipal authority:

    • (a) the live performance in public of a musical work;

    • (b) the performance in public of a sound recording embodying a musical work or a performer’s performance of a musical work; or

    • (c) the performance in public of a communication signal carrying

      • (i) the live performance in public of a musical work, or

      • (ii) a sound recording embodying a musical work or a performer’s performance of a musical work.

  • Marginal note:Further permitted acts

    (3) No religious organization or institution, educational institution and no charitable or fraternal organization shall be held liable to pay any compensation for doing any of the following acts in furtherance of a religious, educational or charitable object:

    • (a) the live performance in public of a musical work;

    • (b) the performance in public of a sound recording embodying a musical work or a performer’s performance of a musical work; or

    • (c) the performance in public of a communication signal carrying

      • (i) the live performance in public of a musical work, or

      • (ii) a sound recording embodying a musical work or a performer’s performance of a musical work.

  • 1997, c. 24, s. 19
  • 2012, c. 20, s. 38

Interpretation

Marginal note:No right to equitable remuneration

 For the purposes of sections 29 to 32.2, an act that does not infringe copyright does not give rise to a right to remuneration conferred by section 19.

  • 1997, c. 24, s. 19

Compensation for Acts Done Before Recognition of Copyright of Performers and Broadcasters

Marginal note:Certain rights and interests protected

  •  (1) Notwithstanding section 27, where a person has, before the later of January 1, 1996 and the day on which a country becomes a WTO member, incurred an expenditure or liability in connection with, or in preparation for, the doing of an act that would have infringed copyright under section 26 commencing on the later of those days, had that country been a WTO member, any right or interest of that person that

    • (a) arises from or in connection with the doing of that act, and

    • (b) is subsisting and valuable on the later of those days

    is not prejudiced or diminished by reason only that that country has become a WTO member, except as provided by an order of the Board made under subsection 78(3).

  • Marginal note:Compensation

    (2) Notwithstanding subsection (1), a person’s right or interest that is protected by that subsection terminates if and when the owner of the copyright pays that person such compensation as is agreed to between the parties or, failing agreement, as is determined by the Board in accordance with section 78.

  • Marginal note:Limitation

    (3) Nothing in subsections (1) and (2) affects any right of a performer available in law or equity.

  • 1997, c. 24, s. 19

Marginal note:Certain rights and interests protected

  •  (1) Notwithstanding section 27, where a person has, before the later of the coming into force of Part II and the day on which a country becomes a Rome Convention country, incurred an expenditure or liability in connection with, or in preparation for, the doing of an act that would have infringed copyright under section 15 or 21 commencing on the later of those days, had Part II been in force or had that country been a Rome Convention country, any right or interest of that person that

    • (a) arises from or in connection with the doing of that act, and

    • (b) is subsisting and valuable on the later of those days

    is not prejudiced or diminished by reason only that Part II has come into force or that the country has become a Rome Convention country, except as provided by an order of the Board made under subsection 78(3).

  • Marginal note:Compensation

    (2) Notwithstanding subsection (1), a person’s right or interest that is protected by that subsection terminates if and when the owner of the copyright pays that person such compensation as is agreed to between the parties or, failing agreement, as is determined by the Board in accordance with section 78.

  • Marginal note:Limitation

    (3) Nothing in subsections (1) and (2) affects any right of a performer available in law or equity.

  • 1997, c. 24, s. 19
 
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