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Copyright Act (R.S.C., 1985, c. C-42)

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Act current to 2020-07-15 and last amended on 2020-07-01. Previous Versions

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

Infringement of Copyright (continued)

Parallel Importation of Books

Marginal note:Importation of books

  •  (1) Subject to any regulations made under subsection (6), it is an infringement of copyright in a book for any person to import the book where

    • (a) copies of the book were made with the consent of the owner of the copyright in the book in the country where the copies were made, but were imported without the consent of the owner of the copyright in the book in Canada; and

    • (b) the person knows or should have known that the book would infringe copyright if it was made in Canada by the importer.

  • Marginal note:Secondary infringement

    (2) Subject to any regulations made under subsection (6), where the circumstances described in paragraph (1)(a) exist, it is an infringement of copyright in an imported book for any person who knew or should have known that the book would infringe copyright if it was made in Canada by the importer to

    • (a) sell or rent out the book;

    • (b) by way of trade, distribute, expose or offer for sale or rental, or exhibit in public, the book; or

    • (c) possess the book for the purpose of any of the activities referred to in paragraph (a) or (b).

  • Marginal note:Limitation

    (3) Subsections (1) and (2) only apply where there is an exclusive distributor of the book and the acts described in those subsections take place in the part of Canada or in respect of the particular sector of the market for which the person is the exclusive distributor.

  • Marginal note:Exclusive distributor

    (4) An exclusive distributor is deemed, for the purposes of entitlement to any of the remedies under Part IV in relation to an infringement under this section, to derive an interest in the copyright in question by licence.

  • Marginal note:Notice

    (5) No exclusive distributor, copyright owner or exclusive licensee is entitled to a remedy under Part IV in relation to an infringement under this section unless, before the infringement occurred, notice has been given within the prescribed time and in the prescribed manner to the person referred to in subsection (1) or (2), as the case may be, that there is an exclusive distributor of the book.

  • Marginal note:Regulations

    (6) The Governor in Council may, by regulation, establish terms and conditions for the importation of certain categories of books, including remaindered books, books intended solely for re-export and books imported by special order.

  • 1997, c. 24, s. 15

 [Repealed, 1997, c. 24, s. 15]

 [Repealed, 1997, c. 24, s. 16]

 [Repealed, 1997, c. 24, s. 17]

Moral Rights Infringement

Marginal note:Infringement generally

 Any act or omission that is contrary to any of the moral rights of the author of a work or of the performer of a performer’s performance is, in the absence of the author’s or performer’s consent, an infringement of those rights.

  • R.S., 1985, c. 10 (4th Supp.), s. 6
  • 2012, c. 20, s. 19

Marginal note:Nature of right of integrity

  •  (1) The author’s or performer’s right to the integrity of a work or performer’s performance is infringed only if the work or the performance is, to the prejudice of its author’s or performer’s honour or reputation,

    • (a) distorted, mutilated or otherwise modified; or

    • (b) used in association with a product, service, cause or institution.

  • Marginal note:Where prejudice deemed

    (2) In the case of a painting, sculpture or engraving, the prejudice referred to in subsection (1) shall be deemed to have occurred as a result of any distortion, mutilation or other modification of the work.

  • Marginal note:When work not distorted, etc.

    (3) For the purposes of this section,

    • (a) a change in the location of a work, the physical means by which a work is exposed or the physical structure containing a work, or

    • (b) steps taken in good faith to restore or preserve the work

    shall not, by that act alone, constitute a distortion, mutilation or other modification of the work.

  • R.S., 1985, c. 10 (4th Supp.), s. 6
  • 2012, c. 20, s. 20

Exceptions

Fair Dealing

Marginal note:Research, private study, etc.

 Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright.

  • R.S., 1985, c. C-42, s. 29
  • R.S., 1985, c. 10 (4th Supp.), s. 7
  • 1994, c. 47, s. 61
  • 1997, c. 24, s. 18
  • 2012, c. 20, s. 21

Marginal note:Criticism or review

 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned:

  • (a) the source; and

  • (b) if given in the source, the name of the

    • (i) author, in the case of a work,

    • (ii) performer, in the case of a performer’s performance,

    • (iii) maker, in the case of a sound recording, or

    • (iv) broadcaster, in the case of a communication signal.

  • 1997, c. 24, s. 18

Marginal note:News reporting

 Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned:

  • (a) the source; and

  • (b) if given in the source, the name of the

    • (i) author, in the case of a work,

    • (ii) performer, in the case of a performer’s performance,

    • (iii) maker, in the case of a sound recording, or

    • (iv) broadcaster, in the case of a communication signal.

  • 1997, c. 24, s. 18

Non-commercial User-generated Content

Marginal note:Non-commercial user-generated content

  •  (1) It is not an infringement of copyright for an individual to use an existing work or other subject-matter or copy of one, which has been published or otherwise made available to the public, in the creation of a new work or other subject-matter in which copyright subsists and for the individual — or, with the individual’s authorization, a member of their household — to use the new work or other subject-matter or to authorize an intermediary to disseminate it, if

    • (a) the use of, or the authorization to disseminate, the new work or other subject-matter is done solely for non-commercial purposes;

    • (b) the source — and, if given in the source, the name of the author, performer, maker or broadcaster — of the existing work or other subject-matter or copy of it are mentioned, if it is reasonable in the circumstances to do so;

    • (c) the individual had reasonable grounds to believe that the existing work or other subject-matter or copy of it, as the case may be, was not infringing copyright; and

    • (d) the use of, or the authorization to disseminate, the new work or other subject-matter does not have a substantial adverse effect, financial or otherwise, on the exploitation or potential exploitation of the existing work or other subject-matter — or copy of it — or on an existing or potential market for it, including that the new work or other subject-matter is not a substitute for the existing one.

  • Marginal note:Definitions

    (2) The following definitions apply in subsection (1).

    intermediary

    intermediary means a person or entity who regularly provides space or means for works or other subject-matter to be enjoyed by the public. (intermédiaire)

    use

    use means to do anything that by this Act the owner of the copyright has the sole right to do, other than the right to authorize anything. (utiliser)

  • 2012, c. 20, s. 22

Reproduction for Private Purposes

Marginal note:Reproduction for private purposes

  •  (1) It is not an infringement of copyright for an individual to reproduce a work or other subject-matter or any substantial part of a work or other subject-matter if

    • (a) the copy of the work or other subject-matter from which the reproduction is made is not an infringing copy;

    • (b) the individual legally obtained the copy of the work or other subject-matter from which the reproduction is made, other than by borrowing it or renting it, and owns or is authorized to use the medium or device on which it is reproduced;

    • (c) the individual, in order to make the reproduction, did not circumvent, as defined in section 41, a technological protection measure, as defined in that section, or cause one to be circumvented;

    • (d) the individual does not give the reproduction away; and

    • (e) the reproduction is used only for the individual’s private purposes.

  • Marginal note:Meaning of medium or device

    (2) For the purposes of paragraph (1)(b), a medium or device includes digital memory in which a work or subject-matter may be stored for the purpose of allowing the telecommunication of the work or other subject-matter through the Internet or other digital network.

  • Marginal note:Limitation — audio recording medium

    (3) In the case of a work or other subject-matter that is a musical work embodied in a sound recording, a performer’s performance of a musical work embodied in a sound recording or a sound recording in which a musical work or a performer’s performance of a musical work is embodied, subsection (1) does not apply if the reproduction is made onto an audio recording medium as defined in section 79.

  • Marginal note:Limitation — destruction of reproductions

    (4) Subsection (1) does not apply if the individual gives away, rents or sells the copy of the work or other subject-matter from which the reproduction is made without first destroying all reproductions of that copy that the individual has made under that subsection.

  • 2012, c. 20, s. 22
 
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