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Copyright Act

Version of section 32.01 from 2016-06-22 to 2020-09-09:


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
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