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C-61 C-32

Second Session, Thirty-ninth Parliament, Third Session, Fortieth Parliament,


56-57 Elizabeth II, 2007-2008 59 Elizabeth II, 2010
HOUSE OF COMMONS OF CANADA HOUSE OF COMMONS OF CANADA

BILL C-61 BILL C-32


An Act to amend the Copyright Act An Act to amend the Copyright Act
FIRST READING, JUNE 12, 2008 FIRST READING, JUNE 2, 2010

THE MINISTER OF INDUSTRY MINISTER OF INDUSTRY


SUMMARY SUMMARY
This enactment amends the Copyright Act in order This enactment amends the Copyright Act to
to
(a) update the rights and protections of copyright (a) update the rights and protections of copyright
owners to better address owners to better address the challenges and
the Internet, in line with international standards; opportunities of the Internet, so as to be in line with
international standards;

(b) clarify the liability of Internet service providers; (b) clarify Internet service providers’ liability and
make the enabling of on-line copyright infringement
itself an infringement of copyright;
(c) permit certain uses for educational and research (c) permit businesses, educators and libraries to
purposes of Internet and make greater use of copyright material in digital
form;
other digital technologies to facilitate technology-
enhanced learning, inter- (d) allow educators and students to make greater use
library loans, the delivery of educational material of copyright material;
and access to publicly
available material on the Internet;
(d) permit certain uses of copyright material for (e) permit certain uses of copyright material by
private purposes; and consumers;
(e) amend provisions of the Act relating to (f) give photographers the same rights as other
photographs to give photographers the same rights creators;
as other creators.
(g) ensure that it remains technologically neutral;
and
(h) mandate its review by Parliament every five
years.

Also available on the Parliament of Canada Web Site Also available on the Parliament of Canada Web Site
at the following address: http://www.parl.gc.ca at the following address: http://www.parl.gc.ca
Preamble Preamble

2nd Session, 39th Parliament, 3rd Session, 40th Parliament,


56-57 Elizabeth II, 2007-2008 59 Elizabeth II, 2010
HOUSE OF COMMONS OF CANADA HOUSE OF COMMONS OF CANADA

BILL C-61 BILL C-32


An Act to amend the Copyright Act An Act to amend the Copyright Act
Whereas the Copyright Act is an Whereas the Copyright Act is an
important marketplace framework law important marketplace framework law
and cultural policy instrument that, and cultural policy instrument that,
through clear, predictable and fair rules, through clear, predictable and fair rules,
supports creativity and innovation and supports creativity and innovation and
affects many sectors of the knowledge affects many sectors of the knowledge
economy; economy;
Whereas advancements in and Whereas advancements in and
convergence of the information and convergence of the information and
communications technologies that link communications technologies that link
communities around the world present communities around the world present
opportunities and challenges that are opportunities and challenges that are
global in scope for the creation and use of global in scope for the creation and use of
copyright works or other subject-matter; copyright works or other subject-matter;
Whereas in the current digital era Whereas in the current digital era
copyright protection is enhanced when copyright protection is enhanced when
countries adopt countries adopt coordinated approaches,
coordinated approaches, based on based on internationally recognized
internationally recognized norms; norms;
Whereas such norms are reflected in the Whereas those norms are reflected in the
World Intellectual Property Organization World Intellectual Property Organization
Copyright Treaty and the World Copyright Treaty and the World
Intellectual Property Organization Intellectual Property Organization
Performances and Phonograms Treaty, Performances and Phonograms Treaty,
adopted in Geneva in 1996; adopted in Geneva in 1996;
Whereas such norms are not wholly Whereas those norms are not wholly
reflected in the Copyright Act; reflected in the Copyright Act;
Whereas the exclusive rights in the Whereas the exclusive rights in the
Copyright Act provide rights holders with Copyright Act provide rights holders with
recognition, remuneration and the ability
recognition, remuneration and the ability
to assert their rights, and some limitations
to assert their rights, and some limitations
on those rights exist to further enhance
on these rights exist to further enhance users’ access to copyright works or other
users’ access to copyright works or other subject-matter;
subject-matter;
Whereas the Government of Canada is Whereas the Government of Canada is
committed to enhancing the protection of committed to enhancing the protection of
copyright works or other subject-matter, copyright works or other subject-matter,
including through the recognition of including through the recognition of
technological technological protection measures, in a
measures, in a manner that promotes manner that promotes culture and
culture and innovation, competition and innovation, competition and investment in
the Canadian economy;
investment in the Canadian economy;
And whereas Canada’s ability to And whereas Canada’s ability to
participate in a knowledge economy participate in a knowledge economy
driven by innovation driven by innovation and network
and network connectivity is fostered by connectivity is fostered by encouraging
encouraging the use of digital the use of digital technologies for research
technologies for research and education; and education;
Now, therefore, Her Majesty, by and with Now, therefore, Her Majesty, by and with
the advice and consent of the Senate and the advice and consent of the Senate and
House of Commons of Canada, enacts as House of Commons of Canada, enacts as
follows: follows:
SHORT TITLE
Short title
1. This Act may be cited as the Copyright
Modernization Act.
R.S., c. C-42
R.S., c. C-42 COPYRIGHT ACT COPYRIGHT ACT

R.S., c. 10 1. (1) The definitions “moral rights” R.S., c. 10 (4th 2. (1) The definitions “moral rights”
(4th Supp.), and “treaty country” in section 2 of the Supp.), s.1(3); and
s. 1(3); 1994, Copyright Act are replaced by the 1994, c. 47, “treaty country” in section 2 of the
c. 47, s. 56(3) following:
s.56(3) Copyright Act are replaced by the
following:
“moral rights” “moral rights” means the rights described
“moral rights” “moral rights” means the rights described
in subsections 14.1(1) and 17.1(1); in subsections 14.1(1) and 17.1(1);
“treaty “treaty “treaty country” means a Berne
“treaty country” means a Berne
country” country”
Convention country, UCC country, WCT Convention country, UCC country, WCT
country or WTO Member; country or WTO Member;

(2) Section 2 of the Act is amended by (2) Section 2 of the Act is amended by
adding the following in alphabetical adding the following in alphabetical
order: order:
“WCT “WCT country” means a country that is a
“WCT country” “WCT country” means a country that is a
country”
party to the WIPO Copyright Treaty, party to the WIPO Copyright Treaty,
adopted in Geneva on December 20, adopted in Geneva on December 20,
1996; 1996;
“WPPT “WPPT country” means a country that is a
“WPPT country” means a country that is “WPPT
country”
a party to the WIPO Performances and country”
party to the WIPO Performances and
Phonograms Treaty, adopted in Geneva Phonograms Treaty, adopted in Geneva
on December 20, 1996; on December 20, 1996;

3. Section 2.4 of the Act is amended by


adding the following after subsection
(1):
Clarification (1.1) For the purposes of this Act,
communication of a work or other
subject-matter to the public by
telecommunication includes making it
available to the public by
telecommunication in a way that allows a
member of the public to have access to it
from a place and at a time individually
chosen by that member of the public.
2. Subsection 3(1) of the Act is amended 4. Subsection 3(1) of the Act is amended
by striking out the word “and” at the by striking out “and” at the end of
end of paragraph (h), by adding the paragraph (h), by adding “and” at the
word “and” at the end of paragraph (i) end of paragraph (i) and by adding the
and by adding the following after following after paragraph (i):
paragraph (i):
(j) in the case of a work that can be put (j) in the case of a work that is in the form
into circulation as a tangible object, to sell of a tangible object, to sell or otherwise
or otherwise transfer ownership of the transfer ownership of the tangible object,
tangible object, as long as the ownership as long as that ownership has never
of that tangible object has never previously been transferred in or outside
previously been transferred with the Canada with the authorization of the
authorization of the author in or outside copyright owner,
Canada,

1994, c. 47, 3. Subsections 5(1.01) to (1.03) of the 1994, c. 47, s. 5. Subsections 5(1.01) to (1.03) of the
s. 57(1); 1997, Act are replaced by the following: 57(1); 1997, c. Act are replaced by the following:
24, s. 5(2);
c. 24, s. 5(2);
2001, c. 34, s. 2001, c. 34, s.
34 34

Protection for (1.01) For the purposes of subsection (1), Protection for (1.01) For the purposes of subsection (1),
older works a country that becomes a Berne older works a country that becomes a Berne
Convention country, a WCT country or a Convention country, a WCT country or a
WTO Member after the date of the WTO Member after the date of the
making or publication of a work is making or publication of a work is
deemed to have been a Berne Convention deemed to have been a Berne Convention
country, a WCT country or a WTO country, a WCT country or a WTO
Member, as the case may be, at that date,
Member, as the case may be, at that date,
subject to subsection (1.02) and sections
subject to subsection (1.02)and sections
33 to 33.2.
33 to 33.2.
Limitation (1.02) Subsection (1.01) does not confer Limitation (1.02) Subsection (1.01) does not confer
copyright protection in Canada on a work copyright protection in Canada on a work
whose term of copyright protection in the whose term of copyright protection in the
country referred to in that subsection had country referred to in that subsection had
expired before that country became a expired before that country became a
Berne Convention country, a WCT Berne Convention country, a WCT
country or a WTO Member, as the case country or a WTO Member, as the case
may be. may be.

Application of (1.03) Subsections (1.01) and (1.02) Application of (1.03) Subsections (1.01) and (1.02)
subsections apply, and are deemed to have applied, subsections apply, and are deemed to have applied,
(1.01) and regardless of whether the country in (1.01) and regardless of whether the country in
(1.02)
(1.02) question became a Berne Convention question became a Berne Convention
country, a WCT country or a WTO country, a WCT country or a WTO
Member before or after the coming into Member before or after the coming into
force of those subsections. force of those subsections.
1997, c. 24, s. 6. Section 10 of the Act is repealed.
1997, c. 24, s. 7 4. Section 10 of the Act is repealed. 7

1997, c. 24, 5. Subsection 13(2) of the Act is 1997, c. 24, s. 7. Subsection 13(2) of the Act is
s. 10(1) repealed. 10(1)
repealed.
1997, c. 24, s. 1997, c. 24, s.
6. The headings before section 15 of the 14 8. The headings before section 15 of the
14
Act are replaced by the following: Act are replaced by the following:

PART II PART II

COPYRIGHT IN PERFORMERS’ COPYRIGHT IN PERFORMERS’


PERFORMANCES, SOUND PERFORMANCES, SOUND
RECORDINGS RECORDINGS AND
AND COMMUNICATION SIGNALS COMMUNICATION SIGNALS AND
AND MORAL RIGHTS IN PERFORMERS’
MORAL RIGHTS IN PERFORMERS’ PERFORMANCES
PERFORMANCES
PERFORMERS’ RIGHTS PERFORMERS’ RIGHTS

Copyright Copyright

7. (1) Section 15 of the Act is amended 9. (1) Section 15 of the Act is amended
by adding the following after by adding the following after
subsection (1): subsection (1):

Copyright in (1.1) Subject to subsections (2.1) and Copyright in (1.1) Subject to subsections (2.1) and
performer ’s (2.2), a performer ’s copyright in the performer’s (2.2), a performer’s copyright in the
performance performer ’s performance also consists of performance
performer’s performance consists of the
the sole right to do the following acts in sole right to do the following acts in
relation to the performer’s performance or
relation to the performer’s performance or
any substantial part of it and to authorize any substantial part of it and to authorize
any of those acts: any of those acts:

(a) if it is not fixed, (a) if it is not fixed,


(i) to communicate it to the public by (i) to communicate it to the public by
telecommunication, telecommunication,
( ii ) to perform it in public, if it is (ii) to perform it in public, if it is
communicated to the public by communicated to the public by
telecommunication otherwise than by telecommunication otherwise than by
communication signal, and communication signal, and

(iii) to fix it in any material form; (iii) to fix it in any material form;
(b) if it is fixed in a sound recording, to (b) if it is fixed in a sound recording, to
reproduce that fixation; reproduce that fixation;

(c) to rent out a sound recording of it; (c) to rent out a sound recording of it;
(d) to communicate to the public by (d) to make a sound recording of it
telecommunication a sound recording of it available to the public by
in a way that allows a member of the telecommunication in a way that allows a
public to access it from a place and at a member of the public to have access to
time individually chosen by that member the sound recording from a place and at a
of the public; and time individually chosen by that member
of the public and to communicate the
sound recording to the public by
telecommunication in that way; and
(e) to sell, or otherwise transfer ownership (e) if it is fixed in a sound recording that
of, every sound recording of it that can be is in the form of a tangible object, to sell
put into circulation as a tangible object or otherwise transfer ownership of the
and whose ownership has never tangible object, as long as that ownership
previously been transferred with the has never previously been transferred in
authorization of the performer in or or outside Canada with the authorization
outside Canada. of the owner of the copyright in the
performer’s performance.
1997, c. 24, s. (2) Subsection 15(3) of the Act is (2) Section 15 of the Act is amended by
14 replaced by the following: adding the following after subsection
(2):
Conditions for (2.1) Subsection (1.1) applies in the Conditions for (2.1) Subsection (1.1) applies if
copyright following cases: copyright

(a) if the performer’s performance takes (a) the performer’s performance takes
place in Canada; place in Canada;
(b) if the performer’s performance is fixed (b) the performer’s performance is fixed
in in
(i) a sound recording whose maker, at the (i) a sound recording whose maker, at the
time of its first fixation, time of its first fixation,
(A) was a Canadian citizen or permanent (A) was a Canadian citizen or permanent
resident as defined in subsection 2(1) of resident as defined in subsection 2(1) of
the Immigration and Refugee Protection the Immigration and Refugee Protection
Act, in the case of a natural person, or Act, in the case of a natural person, or
(B) had its headquarters in Canada, in the (B) had its headquarters in Canada, in the
case of a corporation, or case of a corporation, or
(ii) a sound recording whose first (ii) a sound recording whose first
publication in a quantity sufficient to publication in a quantity sufficient to
satisfy the reasonable demands of the satisfy the reasonable demands of the
public occurred in Canada; or public occurred in Canada; or
(c) if the performer’s performance is (c) the performer’s performance is
transmitted at the time of its performance transmitted at the time of its performance
by a communication signal broadcast by a communication signal broadcast
from Canada by a broadcaster that has its from Canada by a broadcaster that has its
headquarters in Canada. headquarters in Canada.

(3) Section 15 of the Act is amended by


adding the following before subsection
(3):
Conditions for (2.2) Subsection (1.1) also applies in the Conditions for 2.2) Subsection (1.1) also applies if
copyright
copyright following cases:
(a) if the performer’s performance takes (a) the performer’s performance takes
place in a WPPT country; place in a WPPT country;
(b) if the performer’s performance is fixed (b) the performer’s performance is fixed
in in
(i) a sound recording whose maker, at the (i) a sound recording whose maker, at the
time of its first fixation, time of its first fixation,
(A) was a citizen or permanent resident of (A) was a citizen or permanent resident of
a WPPT country, in the case of a natural a WPPT country, in the case of a natural
person, or person, or

(B) had its headquarters in a WPPT (B) had its headquarters in a WPPT
country, in the case of a corporation, or country, in the case of a corporation, or
(ii) a sound recording whose first (ii) a sound recording whose first
publication in a quantity sufficient to publication in a quantity sufficient to
satisfy the reasonable demands of the satisfy the reasonable demands of the
public occurred in a WPPT country; or public occurred in a WPPT country; or
(c) if the performer’s performance is (c) the performer’s performance is
transmitted at the time of its performance transmitted at the time of its performance
by a communication signal broadcast by a communication signal broadcast
from a WPPT country by a broadcaster from a WPPT country by a broadcaster
that has its headquarters in that country. that has its headquarters in that country.

(4) Section 15 of the Act is amended by


adding the following after subsection
(3):
(3) The first publication of a sound Publication (4) The first publication of a sound
Publication
recording in Canada, a Rome Convention recording is deemed to have occurred in a
country or a WPPT country is deemed to WPPT country, despite an earlier
have occurred in that country, despite an publication elsewhere, if the interval
earlier publication elsewhere, if the between the publication in that WPPT
earlier publication took place no more country and the earlier publication does
not exceed 30 days.
than 30 days previously.

8. The Act is amended by adding the 10. The Act is amended by adding the
following after section 17: following after section 17:

Moral Rights Moral Rights

Moral rights 17.1 (1) In the cases referred to in Moral rights 17.1 (1) In the cases referred to in
subsections 15(2.1) and (2.2), a performer subsections 15(2.1) and (2.2), a performer
of a live aural performance or a of a live aural performance or a
performance fixed in a sound recording performance fixed in a sound recording
has, subject to subsection 28. 2(1), the has, subject to subsection 28.2(1), the
right to the integrity of the performance, right to the integrity of the performance,
and — in connection with an act
and — in connection with an act
mentioned in subsection 15(1.1) or one
mentioned in subsection 15(1.1) or one
for which the performer has a right to
for which the performer has a right to
remuneration under section 19 — the
remuneration under subsection 19(1) —
right, if it is reasonable in the
the right, when it is reasonable in the circumstances, to be associated with the
circumstances, to be associated with the performance as its performer by name or
performance as its performer by name or under a pseudonym and the right to
under a pseudonym and the right to remain anonymous.
remain anonymous.
No assignment (2) Moral rights may not be assigned but No assignment (2) Moral rights may not be assigned but
of moral rights may be waived in whole or in part.
of moral rights may be waived in whole or in part.
No waiver by (3) An assignment of copyright in a No waiver by 3) An assignment of copyright in a
assignment
performer’s performance does not by assignment
performer’s performance does not by
itself constitute a waiver of any moral itself constitute a waiver of any moral
rights. rights.
Effect of (4) If a waiver of any moral right is made Effect of (4) If a waiver of any moral right is made
waiver
waiver in favour of an owner or a licensee of a in favour of an owner or a licensee of a
copyright, it may be invoked by any copyright, it may be invoked by any
person authorized by the owner or person authorized by the owner or
licensee to use the performer’s licensee to use the performer’s
performance, unless there is an indication performance, unless there is an indication
to the contrary in the waiver. to the contrary in the waiver.
Application Application 17.2 (1) Subsection 17.1(1) applies only
17.2 (1) Subsection 17.1(1) applies only
and and term
in respect of a performer ’s performance in respect of a performer’s performance
term
that occurs after the coming into force of that occurs after the coming into force of
that subsection. The moral rights subsist
that subsection. The moral rights subsist
for the same term as the copyright in that
for the same term as the copyright in that
performer’s performance.
performer’s performance.
(2) The moral rights in respect of a Succession (2) The moral rights in respect of a
Succession
performer’s performance pass, on the performer’s performance pass, on the
performer’s death, to performer’s death, to
(a) the person to whom those rights are (a) the person to whom those rights are
specifically bequeathed; specifically bequeathed;
(b) if there is not a specific bequest of (b) if there is not a specific bequest of
those moral rights and the performer dies those moral rights and the performer dies
testate in respect of the copyright in the testate in respect of the copyright in the
performer’s performance, the person to performer’s performance, the person to
whom that copyright is bequeathed; or whom that copyright is bequeathed; or
(c) if there is not a person as described in (c) if there is not a person as described in
paragraph (a) or (b), the person entitled to paragraph (a) or (b), the person entitled to
any other property in respect of which the any other property in respect of which the
performer dies intestate. performer dies intestate.
Subsequent (3) Subsection (2) applies, with any Subsequent (3) Subsection (2) applies, with any
succession
modifications that the circumstances succession modifications that the circumstances
require, on the death of any person who require, on the death of any person who
holds moral rights. holds moral rights.

1997, c. 24, 9. Subsections 18(2) and (3) of the Act 11. (1) Section 18 of the Act is amended
s. 14; 2001, are replaced by the following: by adding the following after subsection
c. 27, s. 237
(1):

Copyright in (1.1) Subject to subsections (2.1) and Copyright in (1.1) Subject to subsections (2.1) and
sound (2.2), a sound recording maker ’s sound (2.2), a sound recording maker’s
recordings
recordings copyright in the sound recording also copyright in the sound recording also
includes the sole right to do the following includes the sole right to do the following
acts in relation to the sound recording or acts in relation to the sound recording or
any substantial part of it and to authorize any substantial part of it and to authorize
any of those acts: any of those acts:
(a) to communicate it to the public by (a) to make it available to the public by
telecommunication in a way that allows a telecommunication in a way that allows a
member of the public to access it from a member of the public to have access to it
place and at a time individually chosen by from a place and at a time individually
that member of the public; and chosen by that member of the public and
to communicate it to the public by
telecommunication in that way; and
(b) to sell or otherwise transfer ownership b) if it is in the form of a tangible object,
of it, in the case of a sound recording to sell or otherwise transfer ownership of
made by the sound recording maker that the tangible object, as long as that
can be put into circulation as a tangible ownership has never previously been
object and whose ownership has never transferred in or outside Canada with the
previously been transferred with the authorization of the owner of the
authorization of the sound recording copyright in the sound recording.
maker in or outside Canada.
(2) Subsection 18(2) of the Act is
replaced by the following:
Conditions for (2) Subsection (1) applies only if Conditions for (2) Subsection (1) applies only if
copyright
copyright

(a) at the time of the first fixation or, if (a) at the time of the first fixation or, if
that first fixation was extended over a that first fixation was extended over a
considerable period, during any considerable period, during any
substantial part of that period, the maker substantial part of that period, the maker
of the sound recording of the sound recording

(i) was a Canadian citizen or permanent (i) was a Canadian citizen or permanent
resident as defined in subsection 2(1) of resident as defined in subsection 2(1) of
the Immigration and Refugee Protection the Immigration and Refugee Protection
Act, Act,

(ii) was a citizen or permanent resident of (ii) was a citizen or permanent resident of
a Berne Convention country, a Rome a Berne Convention country, a Rome
Convention country, a WPPT country or a Convention country, a WPPT country or a
country that is a WTO Member, or country that is a WTO Member, or

(iii) had its headquarters in one of those (iii) had its headquarters in one of those
countries, in the case of a corporation; or countries, in the case of a corporation; or
(b) the first publication of the sound (b) the first publication of the sound
recording in a quantity sufficient to recording in a quantity sufficient to satisfy
satisfy the reasonable demands of the the reasonable demands of the public
public occurred in any country referred to occurred in any country referred to in
in paragraph (a). paragraph (a).

Conditions for (2.1) Subsection (1.1) applies in the Conditions for (2.1) Subsection (1.1) applies if
copyright following cases: copyright
(a) if at the time of the first fixation or, if (a) at the time of the first fixation or, if
that first fixation was extended over a that first fixation was extended over a
considerable period, during any considerable period, during any
substantial part of that period, the maker substantial part of that period, the maker
of the sound recording of the sound recording
(i) was a Canadian citizen or permanent (i) was a Canadian citizen or permanent
resident as defined in subsection 2(1) of resident as defined in subsection 2(1) of
the Immigration and Refugee Protection the Immigration and Refugee Protection
Act, or Act, or
(ii) had its headquarters in Canada, in the (ii) had its headquarters in Canada, in the
case of a corporation; or case of a corporation; or
(b) if the first publication of the sound (b) the first publication of the sound
recording in a quantity sufficient to satisfy recording in a quantity sufficient to satisfy
the reasonable demands of the public the reasonable demands of the public
occurred in Canada. occurred in Canada.

(4) Section 18 of the Act is amended by


adding the following before subsection
(3):
Conditions for (2.2) Subsection (1.1) also applies in the Conditions for (2.2) Subsection (1.1) also applies if
copyright
copyright following cases:
(a) if at the time of the first fixation or, if (a) at the time of the first fixation or, if
that first fixation was extended over a that first fixation was extended over a
considerable period, during any considerable period, during any
substantial part of that period, the maker substantial part of that period, the maker
of the sound recording of the sound recording
(i) was a citizen or permanent resident of (i) was a citizen or permanent resident of
a WPPT country, or a WPPT country, or
(ii) had its headquarters in a WPPT (ii) had its headquarters in a WPPT
country, in the case of a corporation; or country, in the case of a corporation; or

(b) if the first publication of the sound (b) the first publication of the sound
recording in a quantity sufficient to satisfy recording in a quantity sufficient to satisfy
the reasonable demands of the public the reasonable demands of the public
occurred in a WPPT country. occurred in a WPPT country.

(5) Section 18 of the Act is amended by


adding the following after subsection
(3):
Publication (4) The first publication of a sound
Publication (3) The first publication of a sound
recording in Canada, a Berne Convention recording is deemed to have occurred in a
country, a Rome Convention country, a WPPT country, despite an earlier
publication elsewhere, if the interval
WPPT country or a country that is a WTO
between the publication in that WPPT
Member is deemed to have occurred in
country and the earlier publication does
that country, despite an earlier publication
not exceed 30 days.
elsewhere, if the earlier publication took
place no more than 30 days previously.
1997, c. 24, s. 10. Subsection 19(1) of the Act is 1997, c. 24, s. 12. (1) Subsection 19(1) of the Act is
14
14 replaced by the following: replaced by the following:

Right to 19. ( 1) If a sound recording has been Right to 19. (1) If a sound recording has been
remuneration published, the performer and maker are remuneration published, the performer and maker are
entitled, subject to section 20, to be paid — entitled, subject to subsection 20(1), to be
Canada
equitable remuneration for its paid equitable remuneration for its
performance in public or its performance in public or
communication to the public by its communication to the public by
telecommunication, except for a telecommunication, except for a
communication in the circumstances
communication in the circumstances
referred to in paragraph 15(1.1)(d)
referred to in paragraph 15(1.1)(d) or
or 18(1.1)(a) and any retransmission.
18(1.1)(a) and any retransmission.
Right to (1.1) If a sound recording has been
remuneration published, the performer and maker are
— entitled, subject to subsections 20(1.1)
Rome and (2), to be paid equitable remuneration
Convention for its performance in public or its
country communication to the public by
telecommunication, except for any
retransmission.
(2) Section 19 of the Act is amended by
adding the following before subsection
(2):
Right to (1.2) If a sound recording has been
remuneration published, the performer and maker are
— entitled, subject to subsections 20(1.2)
WPPT country and (2.1), to be paid equitable
remuneration for its performance in
public or its communication to the public
by telecommunication, except for a
communication in the circumstances
referred to in paragraph 15(1.1)(d) or
18(1.1)(a) and any retransmission.
1997, c. 24, s. (3) The portion of subsection 19(2) of
14
the English version of the Act before
paragraph (a) is replaced by the
following:
Royalties (2) For the purpose of providing the
remuneration mentioned in this section, a
person who performs a published sound
recording in public or communicates it to
the public by telecommunication is liable
to pay royalties
13. The Act is amended by adding the
following after section 19:
Deemed 19.1 Despite subsection 2.2(1), a sound
publication — recording that has been made available to
Canada
the public by telecommunication in a way
that allows a member of the public to
access it from a place and at a time
individually chosen by that member of the
public, or that has been communicated to
the public by telecommunication in that
way, is deemed to have been published for
the purposes of subsection 19(1).
14. The Act is amended by adding the
following before section 20:
Deemed 19.2 Despite subsection 2.2(1), a sound
publication — recording that has been made available to
WPPT country the public by telecommunication in a way
that allows a member of the public to
access it from a place and at a time
individually chosen by that member of the
public, or that has been communicated to
the public by telecommunication in that
way, is deemed to have been published for
the purposes of subsection 19(1.2).
1997, c. 24, s. 15. (1) Subsection 20(1) of the Act is
14; 2001, c. replaced by the following:
27,
s. 238(1)

Conditions — 20. (1) The right to remuneration


Canada conferred by subsection 19(1) applies
only if
(a) the maker was, at the date of the first
fixation, a Canadian citizen or permanent
resident within the meaning of subsection
2(1) of the Immigration and Refugee
Protection Act or, if a corporation, had its
headquarters in Canada; or
(b) all the fixations done for the sound
recording occurred in Canada.
Conditions — (1.1) The right to remuneration conferred
Rome by subsection 19(1.1) applies only if
Convention
country

(a) the maker was, at the date of the first


fixation, a citizen or permanent resident of
a Rome Convention country or, if a
corporation, had its headquarters in a
Rome Convention country; or
(b) all the fixations done for the sound
recording occurred in a Rome Convention
country.
(2) Section 20 of the Act is amended by
adding the following before subsection
(2):
Conditions — (1.2) The right to remuneration conferred
WPPT country by subsection 19(1.2) applies only if
(a) the maker was, at the date of the first
fixation, a citizen or permanent resident of
a WPPT country or, if a corporation, had
its headquarters in a WPPT country; or
(b) all the fixations done for the sound
recording occurred in a WPPT country.
2001, c. 27, s. (3) Subsection 20(2) of the Act is replaced
238(2) by the following:
Exception — (2) Despite subsection (1.1), if the
Rome Minister is of the opinion that a Rome
Convention
Convention country does not grant a right
to remuneration, similar in scope and
country
duration to that provided by subsection
19(1.1), for the performance in public or
the communication to the public of a
sound recording whose maker, at the date
of its
first fixation, was a Canadian citizen or
permanent resident within the meaning of
subsection
2(1) of the Immigration and Refugee
Protection Act or, if a corporation, had its
headquarters in Canada, the Minister may,
by a statement published in the Canada
Gazette, limit the scope and duration of
the protection for sound recordings whose
first fixation is done by a maker
who is a citizen or permanent resident of
that
country or, if a corporation, has its
headquarters in that country.
(4) Section 20 of the Act is amended by
adding the following after subsection
(2):
Exception — (2.1) Despite subsection (1.2), if the
WPPT country
Minister is of the opinion that a WPPT
country does not grant a right to
remuneration, similar in scope and
duration to that provided by subsection
19(1.2), for the performance in public or
the communication to the public of a
sound recording whose maker, at the date
of its first fixation, was a Canadian citizen
or permanent resident within the meaning
of subsection 2(1) of the Immigration and
Refugee Protection Act or, if a
corporation, had its headquarters in
Canada, the Minister may, by a statement
published in the Canada Gazette, limit the
scope and duration of the protection for
sound recordings whose first fixation is
done by a maker
who is a citizen or permanent resident of
that country or, if a corporation, has its
headquarters in that country.
1997, c. 24, s. (5) Subsection 20(3) of the Act is
14
replaced by the following:
Exception (3) If so requested by a country that is a
party to the North American Free Trade
Agreement, the Minister may, by a
statement published in the Canada
Gazette, grant the right to remuneration
conferred by subsection 19(1.1) to
performers or makers who are nationals of
that country and whose sound recordings
embody dramatic or literary works.

1997, c. 24, 11. (1) The portion of subsection 22(1) 1997, c. 24, s. 16. (1) The portion of subsection 22(1)
s. 14; 2001, of the Act before paragraph (a) is 14; 2001, c. of the Act before paragraph (a) is
27,
c. 27, s. 239(1) replaced by the following: replaced by the following:
s. 239(1)
Reciprocity 22. (1) If the Minister is of the opinion
Reciprocity 22. (1) If the Minister is of the opinion
that a country grants or has undertaken to that a country other than a Rome
grant Convention country or a WPPT country
grants or has undertaken to grant
1997, c. 24, (2) The portion of subsection 22(2) of 1997, c. 24, s. (2) The portion of subsection 22(2) of
s. 14; 2001, the Act before paragraph (a) is 14; 2001, c. the
c. 27, s. 239(2) replaced by the following: 27, Act before paragraph (a) is replaced by
s. 239(2) the
following:
Reciprocity
Reciprocity (2) If the Minister is of the opinion that a (2) If the Minister is of the opinion that a
country neither grants nor has undertaken country other than a Rome Convention
to grant country or a WPPT country neither grants
nor has undertaken to grant

1997, c. 24, s. 12. Subsections 23(1) to (3) of the Act 1997, c. 24, s. 17. Subsections 23(1) to (3) of the Act
14
14 are replaced by the following: are replaced by the following:
Term of 23. (1) Subject to this Act, copyright in a Term of 23. (1) Subject to this Act, copyright in a
copyright — performer’s performance subsists until the copyright — performer’s performance subsists until the
performer’s end of 50 years after the end of the performer’s end of 50 years after the end of the
performance calendar year in which the performance performance calendar year in which the performance
occurs. However, occurs. However,
(a) if the performance is fixed in a sound (a) if the performance is fixed in a sound
recording before the copyright expires, recording before the copyright expires,
the copyright continues until the end of 50 the copyright continues until the end of 50
years after the end of the calendar year in years after the end of the calendar year in
which the first fixation of the which the first fixation of the
performance in a sound recording occurs; performance in a sound recording occurs;
and and
(b) if a sound recording in which the (b) if a sound recording in which the
performance is fixed is published before performance is fixed is published before
the copyright expires, the copyright the copyright expires, the copyright
continues until the earlier of the end of 50 continues until the earlier of the end of 50
years after the end of the calendar year in years after the end of the calendar year in
which the first publication of the sound which the first publication of the sound
recording occurs and the end of 99 years recording occurs and the end of 99 years
after the end of the calendar year in which after the end of the calendar year in which
the performance occurs. the performance occurs.

Term of (1.1) Subject to this Act, copyright in a Term of (1.1) Subject to this Act, copyright in a
copyright — sound recording subsists until the end of copyright — sound recording subsists until the end of
sound 50 years after the end of the calendar year sound 50 years after the end of the calendar year
recording recording
in which the first fixation of the sound in which the first fixation of the sound
recording occurs. However, if the sound recording occurs. However, if the sound
recording is published before the recording is published before the
copyright expires, the copyright continues copyright expires, the copyright continues
until the end of 50 years after the end of until the end of 50 years after the end of
the calendar year in which the first the calendar year in which the first
publication of the sound recording occurs.
publication of the sound recording occurs.
Term of (1.2) Subject to this Act, copyright in a Term of (1.2) Subject to this Act, copyright in a
copyright — communication signal subsists until the copyright —
communication signal subsists until the
communication end of 50 years after the end of the communicatio end of 50 years after the end of the
s calendar year in which the n calendar year in which the
signal
signals communication signal is broadcast. communication signal is broadcast.
(2) The rights to remuneration conferred Term of right (2) The rights to remuneration conferred
Term of right to
to
remuneration on performers and makers by section 19 on performers and makers by section 19
remuneration
have the same terms, respectively, as have the same terms, respectively, as
those provided by subsections (1) and those provided by subsections (1) and
(1.1). (1.1).

Application of (3) Subsections (1) to (2) apply whether Application of (3) Subsections (1) to (2) apply whether
subsections (1) the fixation, performance or broadcast subsections (1) the fixation, performance or broadcast
to (2) occurred before or after the coming into to (2)
occurred before or after the coming into
force of this section.
force of this section.

1997, c. 24, s.
13. The heading “INFRINGEMENT
15
OF COPYRIGHT AND MORAL
RIGHTS AND EXCEPTIONS TO
INFRINGEMENT” before section 27
of the Act is replaced by the following:
INFRINGEMENT OF COPYRIGHT
AND OTHER RIGHTS, AND
EXCEPTIONS

14. Section 27 of the Act is amended by 18. Section 27 of the Act is amended by
adding the following after subsection adding the following after subsection
(2): (2):
Clarification (2.1) For greater certainty, a copy made
outside Canada does not infringe
copyright under subsection (2) if, had it
been made in Canada, it would have been
made under a limitation or exception
under this Act.
Secondary (2.1) It is an infringement of copyright for Secondary (2.2) It is an infringement of copyright for
infringement any person to do any of the following acts infringement any person to do any of the following acts
related to with respect to anything that the person related to with respect to anything that the person
lesson
lesson knows or should have known is a lesson, knows or should have known is a lesson,
as defined in subsection 30.01(1), or a as defined in subsection 30.01(1), or a
fixation of one: fixation of one:

(a) to sell it or to rent it out; (a) to sell it or to rent it out;


(b) to distribute it to an extent that the (b) to distribute it to an extent that the
owner of the copyright in the work or owner of the copyright in the work or
other subject-matter that is included in the other subject-matter that is included in the
lesson is prejudicially affected; lesson is prejudicially affected;
(c) by way of trade, to distribute it, expose (c) by way of trade, to distribute it, expose
or offer it for sale or rental or exhibit it in or offer it for sale or rental or exhibit it in
public; public;
(d) to possess it for the purpose of doing (d) to possess it for the purpose of doing
anything referred to in any of paragraphs anything referred to in any of paragraphs
(a) to (c); (a) to (c);
(e) to communicate it by (e) to communicate it by
telecommunication to any person other telecommunication to any person other
than a person referred to in paragraph than a person referred to in paragraph
30.01(3)(a); or 30.01(3)(a); or
(f) to circumvent or contravene any (f) to circumvent or contravene any
measure taken in conformity with measure taken in conformity with
paragraph 30.01(5)(b), (c) or (d). paragraph 30.01(6)(b), (c) or (d).
Infringement (2.3) It is an infringement of copyright for
— a person to provide, by means of the
provision of Internet or another digital network, a
services service that the person knows or should
have known is designed primarily to
enable acts of copyright infringement if
an actual infringement of copyright occurs
by means of the Internet or another digital
network as a result of the use of that
service.
Factors
(2.4) In determining whether a person has
infringed copyright under subsection
(2.3), the court may consider
(a) whether the person expressly or
implicitly marketed or promoted the
service as one that could be used to
enable acts of copyright infringement;
(b) whether the person had knowledge
that the service was used to enable a
significant number of acts of copyright
infringement;
(c) whether the service has significant
uses other than to enable acts of copyright
infringement;
(d) the person’s ability, as part of
providing the service, to limit acts of
copyright infringement, and any action
taken by the person to do so;
e) any benefits the person received as a
result of enabling the acts of copyright
infringement; and
(f) the economic viability of the provision
of the service if it were not used to enable
acts of copyright infringement.

R.S., c. 10 15. Section 28.1 of the Act is replaced R.S., c. 10 (4th 19. Section 28.1 of the Act is replaced
(4th Supp.), s. 6 by the following: Supp.), s. 6 by the following:

Infringement 28.1 Any act or omission that is contrary Infringement 28.1 Any act or omission that is contrary
generally to any of the moral rights of the author of generally to any of the moral rights of the author of
a work or of the performer of a a work or of the performer of a
performer’s performance is, in the performer’s performance is, in the
absence of the author’s or performer’s absence of the author’s or performer’s
consent, an infringement of those rights. consent, an infringement of those rights.

R.S., c. 10 16. The portion of subsection 28.2(1) of R.S., c. 10 (4th 20. The portion of subsection 28.2(1) of
the Act before paragraph (a) is replaced Supp.), s. 6 the Act before paragraph (a) is replaced
(4th Supp.), s. 6
by the following: by the following:
Nature of right 28.2 (1) The author’s or performer’s right Nature of right 28.2 (1) The author’s or performer’s right
of integrity to the integrity of a work or performer’s
of integrity to the integrity of a work or performer’s
performance is infringed only if the work performance is infringed only if the work
or the performance is, to the prejudice of
or the performance is, to the prejudice of
its author’s or
its author’s or performer’s honour or
performer’s honour or reputation,
reputation,

1997, c. 24, s. 21. Section 29 of the Act is replaced by


18(1)
the following:
Research, 29. Fair dealing for the purpose of
private study, research, private study, education, parody
etc. or satire does
not infringe copyright.

22. The Act is amended by adding the


following after section 29.2:
Non-commercial User-generated Content
Non- 29.21 (1) It is not an infringement of
commercial copyright for an individual to use an
user-generated existing work or other subject-matter or
content 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.
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.
“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.
17. The Act is amended by adding the
following after section 29.2:
Reproduction onto Another Medium or Reproduction for Private Purposes
Device
Reproduction 29.21 (1) It is not an infringement of Reproduction 29.22 (1) It is not an infringement of
onto another copy- right for an individual to reproduce for private
copyright for an individual to reproduce a
medium or a work or other subject-matter that is a purposes
work or other subject-matter or any
device photograph or is contained in a book, substantial part of a work or other subject-
matter if
newspaper, periodical or videocassette, or
any substantial part of such a work or
other subject-matter, onto another
medium or device, if the following
conditions are met:
(a) the copy of the work or other subject- (a) the copy of the work or other subject-
matter of which the reproduction is made matter from which the reproduction is
is not an infringing copy; made is not an infringing copy;
(b) the individual legally obtained the (b) the individual legally obtained the
photograph, book, newspaper, periodical copy of the work or other subject-matter
or videocassette, otherwise than by from which the reproduction is made,
borrowing it or renting it, and owns the other than by borrowing it or renting it,
medium or device on which it is and owns or is authorized to use the
reproduced; medium or device on which it is
reproduced;
(c) the individual, in order to make the (c) the individual, in order to make the
reproduction, did not circumvent a reproduction, did not circumvent, as
technological measure or cause one to be defined in section 41, a technological
circumvented, within the meanings of the protection measure, as defined in that
definitions “circumvent” and section, or cause one to be circumvented;
“technological measure” in section 41;
(d) the individual
(i) reproduces the work or other subject-
matter no more than once for each device
that the individual owns, whether the
reproduction is made directly onto the
device or is made onto a medium that is to
be used with the device, and
(ii) prints no more than one copy of the
work, if the work is in digital form;
(e) the individual does not give the (d) the individual does not give the
reproduction away; and reproduction away; and
(f) the reproduction is used only for (e) the reproduction is used only for
private purposes. private purposes.
Meaning of (2) For the purposes of paragraph (1)(b), a
“medium or “medium or device” includes digital
device” 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.
Limitation — (3) In the case of a work or other subject-
audio matter that is a musical work embodied in
recording a sound recording, a performer’s
medium 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.
Contract
(2) If the individual has downloaded the
prevails
work or other subject-matter from the
in case of Internet and is bound by a contract that
inconsistency governs the extent to which the individual
may reproduce the work or other subject-
matter, the contract prevails over
subsection (1) to the extent of any
inconsistency between them.
Limitation — (3) Subsection (1) does not apply if the Limitation — (4) Subsection (1) does not apply if the
destruction of individual gives away, rents or sells the destruction of
individual gives away, rents or sells the
reproductions photograph, book, newspaper, periodical reproductions
copy of the work or other subject-matter
or videocassette without first destroying from which the reproduction is made
all reproductions of the work or other without first destroying all reproductions
subject-matter that the individual has of that copy that the individual has made
made under that subsection. under that subsection.

Limitation — (4) Subsection (1) does not apply if the


purpose of reproduction is made for the purpose of
reproduction doing any of the following in relation to
the work or other subject-matter:
(a) selling or renting out, or by way of
trade exposing or offering for sale or
rental;
(b) distributing, whether or not for the
purpose of trade;
(c) communicating to the public by
telecommunication; or
(d) performing, or causing to be
performed, in public.
Reproduction
29.22 (1) It is not an infringement of
of
copyright for an individual to reproduce
music onto a medium or device 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, or any
substantial part of such a work or other
subject-matter, if the following conditions
are met:
(a) the sound recording is not an
infringing copy;
(b) the individual legally obtained the
sound recording, otherwise than by
borrowing it or renting it, and owns the
medium or device on which it is
reproduced;
(c) the individual, in order to make the
reproduction, did not circumvent a
technological measure or cause one to be
circumvented, within the meanings of the
definitions “circumvent” and
“technological measure” in section 41;
(d) the individual reproduces the sound
recording no more than once for each
device that the individual owns, whether
the reproduction is made directly onto the
device or is made onto a medium that is to
be used with the device;
(e) the individual does not give the
reproduction away; and
(f) the reproduction is used only for
private purposes.
Contract
(2) If the individual has downloaded the
prevails
sound recording from the Internet and is
in case of bound by a contract that governs the
inconsistency extent to which the individual may
reproduce the sound recording, the
contract prevails over subsection (1) to
the extent of any inconsistency between
them.
Limitation — (3) Subsection (1) does not apply if the
Part VIII reproduction is made onto a medium that
applies is governed by Part VIII.
Limitation — (4) Subsection (1) does not apply if the
destruction of individual gives away, rents or sells the
reproductions sound recording without first destroying
all reproductions of it that the individual
has made under that subsection.
Limitation — (5) Subsection (1) does not apply if the
purpose of reproduction is made for the purpose of
reproduction doing any of the following in relation to
the musical work, performer ’s
performance or sound recording:
(a) selling or renting out, or by way of
trade exposing or offering for sale or
rental;
(b) distributing, whether or not for the
purpose of trade;
(c) communicating to the public by
telecommunication; or
(d) performing, or causing to be
performed, in public.
Fixing Signals and Recording Programs
for Later Listening or Viewing
Fixing Signals and Recording Programs
for Later Listening or Viewing
Reproduction 29.23 (1) It is not an infringement of
29.23 (1) It is not an infringement of Reproduction
for later
copyright for an individual to fix a for later
copyright for an individual to fix a
listening or communication signal, to reproduce a listening or
communication signal, to reproduce a
viewing work or sound recording that is being viewing
work or sound recording that is being
broadcast or to fix or reproduce a broadcast or to fix or reproduce a
performer’s performance that is being performer’s performance that is being
broadcast, in order to record a program broadcast, in order to record a program
for the purpose of listening to or viewing
for the purpose of listening to or watching
it later, if
it later, if the following conditions are
met:
(a) the individual receives the program (a) the individual receives the program
legally; legally;
(b) the individual, in order to record the (b) the individual, in order to record the
program, did not illegally circumvent a program, did not circumvent, as defined
in section 41, a technological protection
technological measure or cause one to be
illegally circumvented, within the measure, as defined in that section, or
meanings of the definitions “circumvent” cause one to be circumvented;
and “technological measure” in section
41;
(c) the individual makes no more than one (c) the individual makes no more than one
recording of the program; recording of the program;
(d) the individual keeps the recording no (d) the individual keeps the recording no
longer than necessary in order to listen to longer than is reasonably necessary in
or watch the program at a more order
convenient time; to listen to or view the program at a more
convenient time;
(e) the individual does not give the (e) the individual does not give the
recording away; and recording away; and
(f) the recording is used only for private (f) the recording is used only for private
purposes. purposes.
Contract Limitation (2) Subsection (1) does not apply if the
(2) If the individual receives the program
prevails in case
under a video-on-demand service and is individual receives the work, performer’s
of bound by a contract that governs the performance or sound recording under an
inconsistency extent to which the individual may record on-demand service.
— video-on- it, the contract prevails over subsection
demand
services
(1) to the extent of any inconsistency
between them.
Limitation — (3) Subsection (1) does not apply to the
Internet recording of a program that is
simulcast communicated over the Internet, unless it
is communicated simultaneously via radio
or television.
Limitation — (4) Subsection (1) does not apply if the
purpose of program is recorded for the purpose of
reproduction doing any of the following in relation to
the program:
(a) selling or renting out, or by way of
trade exposing or offering for sale or
rental;
(b) distributing, whether or not for the
purpose of trade;
(c) communicating to the public by
telecommunication; or
(d) performing, or causing to be
performed, in public.
Exception — (5) Nothing in subsection (1) authorizes
network the recording of programs under a
personal video network personal video recorder service.
recorder
services

Definitions
Definitions (6) The following definitions apply in this (3) The following definitions apply in this
section. section.
“broadcast” “broadcast” has the same meaning as in “broadcast” “broadcast” means any transmission of a
the definition “broadcasting” in work or other subject-matter by
subsection 2(1) of the Broadcasting Act. telecommunication for reception by the
public, but does not include a
transmission that is made solely for
performance in public.
“network “network personal video recorder service”
personal video means a service that allows a person to
recorder store recordings of programs in a service
service” provider’s networked facility in order to
access them at any time.
“video-on- “video-on-demand service” means a “on-demand “on-demand service” means a service that
demand
service that allows a person to receive service”
allows a person to receive works,
service”
programs at times of his or her choosing. performer’s performances and sound
recordings at times of their choosing.
Backup Copies
Backup copies 29.24 (1) It is not an infringement of
copyright in a work or other subject-
matter for a person who owns — or has a
licence to use — a copy of the work or
subject-matter (in this section referred to
as the “source copy”) to reproduce the
source copy if
(a) the person does so solely for backup
purposes in case the source copy is lost,
damaged or otherwise rendered unusable;
(b) the source copy is not an infringing
copy;
(c) the person, 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; and
(d) the person does not give any of the
reproductions away.
Backup copy (2) If the source copy is lost, damaged or
becomes otherwise rendered unusable, one of the
source reproductions made under subsection (1)
copy becomes the source copy.
Destruction (3) The person shall immediately destroy
all reproductions made under subsection
(1) after the person ceases to own, or to
have a licence to use, the source copy.
1997, c. 24, s. 23. (1) Subsection 29.4(1) of the Act is
18(1) replaced by the following:
Reproduction 29.4 (1) It is not an infringement of
for instruction copyright for an educational institution or
a person acting under its authority for the
purposes of education or training on its
premises to reproduce a work, or do any
other necessary act, in order to display it.
(2) Subsection 29.4(3) of the Act is
replaced by the following:
If work (3) Except in the case of manual
commercially
reproduction, the exemption from
copyright infringement provided by
available
subsections (1) and (2) 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 medium that
is appropriate for the purposes referred to
in those
subsections.
1997, c. 24, s. 24. (1) Paragraph 29.5(b) of the Act is
18(1) replaced by the following:
(b) the performance in public of a sound
recording, or of a work or performer’s
performance that is embodied in a sound
recording, as long as the sound recording
is not an infringing copy or the person
responsible for the performance has no
reasonable grounds to believe that it is an
infringing copy;
(2) Section 29.5 of the Act is amended
by adding “and” at the end of
paragraph (c)
and by adding the following after that
paragraph:
d) the performance in public of a
cinematographic work, as long as the
work is not an infringing copy or the
person responsible for the performance
has no reasonable grounds to believe that
it is an infringing copy.
1997, c. 24, s. 25. (1) The portion of subsection 29.6(1)
18(1) of the Act before paragraph (a) is
replaced by the following:
News and 29.6 (1) It is not an infringement of
commentary copyright for an educational institution or
a person acting under its authority to
1997, c. 24, s. (2) Paragraph 29.6(1)(b) of the Act is
18(1) replaced by the following:
(b) perform the copy in public before an
audience consisting primarily of students
of the educational institution on its
premises for educational or training
purposes.
1997, c. 24, s. (3) Subsection 29.6(2) of the Act is
18(1) repealed.
1997, c. 24, s. 26. Paragraph 29.9(1)(a) of the Act is
18. repealed.

18. The Act is amended by adding the 1997, ch. 24, 27. The Act is amended by adding the
following after section 30: par. 18(1)
following after section 30:

Definition of 30.01 (1) For the purposes of this section, Meaning of 30.01 (1) For the purposes of this section,
“lesson” “lesson” means a lesson, test or
“lesson” “lesson” means a lesson, test or
examination, or part of one, in which, or examination, or
during the course of which, an act is done part of one, in which, or during the course
in respect of a work or other subject- of which, an act is done in respect of a
matter by an educational institution or a work or
person acting under its authority that other subject-matter by an educational
would otherwise be an infringement of institution or a person acting under its
copyright but is permitted under any of authority that would otherwise be an
sections 29.4 to 29.6 and subsection infringement of copyright but is permitted
under a limitation or exception under this
29.7(3).
Act.
Application (2) This section does not apply so as to
Application (2) This section does not apply so as to
permit any act referred to in paragraph (3) permit any act referred to in paragraph (3)
(a), (b) or (c) with respect to a work or (a), (b) or (c) with respect to a work or
other subject-matter whose use in the other subject-matter whose use in the
lesson constitutes an infringement of lesson constitutes an infringement of
copyright or for whose use in the lesson copyright or for whose use in the lesson
the consent of the copyright owner is the consent of the copyright owner is
required. required.
Communicatio Communicatio (3) Subject to subsection (6), it is not an
(3) Subject to subsection (5), it is not an
n
infringement of copyright for an n infringement of copyright for an
by
by telecom-
educational institution or a person acting educational institution or a person acting
telecommuni- under its authority
munication under its authority cation

(a) to communicate a lesson to the public (a) to communicate a lesson to the public
by telecommunication for educational or by telecommunication for educational or
training purposes, if that public consists training purposes, if that public consists
only of students who are enrolled in a only of students who are enrolled in a
course of which the lesson forms a part or course of which the lesson forms a part or
of other persons acting under the of other persons acting under the authority
of the educational institution;
authority of the educational institution;
(b) to make a fixation of the lesson for the (b) to make a fixation of the lesson for the
purpose of the act referred to in paragraph purpose of the act referred to in paragraph
(a); or (a); or
(c) to do any other act that is necessary (c) to do any other act that is necessary
for the purpose of the acts referred to in for the purpose of the acts referred to in
paragraphs (a) and (b). paragraphs (a) and (b).
(4) For the purposes of sections 29.4 to Participation (4) A student who is enrolled in a course
Participation by
by
telecommunica 29.6 and subsection 29.7(3), a student of which the lesson forms a part is
telecommunica
- who is enrolled in a course of which the -
deemed to be a person on the premises of
tion lesson forms a part is deemed to be a the educational institution when the
tion
person on the premises of the educational student participates in or receives the
institution when the student participates in lesson by means of communication by
telecommunication under paragraph (3)
or receives the lesson by means of
communication by telecommunication (a).
under paragraph (3)(a).
Reproducing (5) It is not an infringement of copyright
lessons for a student who has received a lesson by
means
of communication by telecommunication
under
paragraph (3)(a) to reproduce the lesson
in order to be able to listen to or view it at
a more
convenient time. However, the student
shall destroy the reproduction within 30
days after the day on which the students
who are enrolled in the course to which
the lesson relates have received their final
course evaluations.
Conditions 6) The educational institution and any
Conditions (5) The educational institution and any
person acting under its authority, except a person acting under its authority, except a
student, shall student, shall

(a) destroy any fixation of the lesson (a) destroy any fixation of the lesson
within 30 days after the day on which the within 30 days after the day on which the
students who are enrolled in the course students who are enrolled in the course to
have received their final course which the lesson relates have received
evaluations; their final course evaluations;
(b) take measures that can reasonably be (b) take measures that can reasonably be
expected to limit the communication by expected to limit the communication by
telecommunication of the lesson to the telecommunication of the lesson to the
persons referred to in paragraph (3)(a); persons referred to in paragraph (3)(a);

(c) take, in relation to the communication (c) take, in relation to the communication
by telecommunication of the lesson in by telecommunication of the lesson in
digital form, measures that can reasonably digital form, measures that can reasonably
be expected to prevent the students from be expected to prevent the students from
fixing or reproducing the lesson, or fixing,
communicating it other than as they may reproducing or communicating the lesson
do under this section; and other than as they may do under this
section; and
(d) take, in relation to a communication (d) take, in relation to a communication
by telecommunication in digital form, any by telecommunication in digital form, any
measure prescribed by regulation that is measure prescribed by regulation.
applicable in the circumstances.
Exception — 30.02 (1) Subject to subsections (3) to (5), Exception — 30.02 (1) Subject to subsections (3) to (5),
digital it is not an infringement of copyright for digital it is not an infringement of copyright for
reproduction of an educational institution that has a reproduction of
an educational institution that has a
reprographic reproduction licence under
works reprographic reproduction licence under works
which the institution is authorized to
which the institution is authorized to
make reprographic reproductions of
make reprographic reproductions of works in a collective society’s repertoire
works in a collective society’s repertoire for an educational or training purpose
for an educational or training purpose
(a) to make a digital reproduction — of (a) to make a digital reproduction — of
the same general nature and extent as the the same general nature and extent as the
reprographic reproduction authorized reprographic reproduction authorized
under the licence — of a paper form of under the licence — of a paper form of
any of those works; any of those works;

(b) to communicate the digital (b) to communicate the digital


reproduction by telecommunication for an reproduction by telecommunication for an
educational or training purpose to persons educational or training purpose to persons
acting under the authority of the acting under the
institution; or authority of the institution; or
(c) to do any other act that is necessary (c) to do any other act that is necessary for
for the purpose of the act s referred to in the purpose of the acts referred to in
paragraphs (a) and (b). paragraphs (a) and (b).
(2) Subject to subsections (3) to (5), it is Exception (2) Subject to subsections (3) to (5), it is
Exception
not an infringement of copyright for a not an infringement of copyright for a
person acting under the authority of the person acting under the authority of the
educational institution to whom the work educational institution to whom the work
has been communicated under paragraph
has been communicated under paragraph
(1)(b) to print one copy of the work.
(1)(b) to print one copy of the work.
Conditions (3) An educational institution that makes a Conditions (3) An educational institution that makes a
digital reproduction of a work under digital reproduction of a work under
paragraph (1)(a) shall paragraph (1)(a) shall
(a) pay to the collective society, with (a) pay to the collective society, with
respect to all the persons to whom the respect to all the persons to whom the
digital reproduction is communicated by digital reproduction is communicated by
the institution under paragraph (1)(b), the the institution
royalties that would be payable if one under paragraph (1)(b), the royalties that
reprographic reproduction were would be payable if one reprographic
distributed by the institution to each of reproduction were distributed by the
those persons, and comply with the institution to each of those persons, and
licence terms and conditions applicable to comply with the licence terms and
a reprographic reproduction to the extent conditions applicable to a reprographic
that they are reasonably applicable to a reproduction to the extent that they are
digital reproduction; reasonably applicable to a digital
reproduction;
(b) take measures to prevent the digital (b) take measures to prevent the digital
reproduction from being communicated reproduction from being communicated
by telecommunication to any persons who by telecommunication to any persons who
are not acting under the authority of the are not acting under the authority of the
institution; institution;
(c) take measures to prevent a person to (c) take measures to prevent a person to
whom the work has been communicated whom the work has been communicated
under paragraph (1)(b) from printing under paragraph (1)(b) from printing
more than one copy, and to prevent any more than one copy, and to prevent any
other reproduction or communication of other reproduction or communication of
the digital reproduction; and the digital reproduction; and

(d) take any measure prescribed by (d) take any measure prescribed by
regulation that is applicable in the regulation.
circumstances.
(4) An educational institution may not Restriction (4) An educational institution may not
Restriction
make a digital reproduction of a work make a digital reproduction of a work
under paragraph (1)(a) if under paragraph (1)(a) if
(a) the institution has entered into a digital a) the institution has entered into a digital
reproduction agreement respecting the reproduction agreement respecting the
work with a collective society under work with a collective society under
which the institution may make a digital which the institution may make a digital
reproduction of the work, may reproduction of the work, may
communicate the digital reproduction by communicate the digital reproduction by
telecommunication to persons acting telecommunication to persons acting
under the authority of the institution and under the authority of the institution and
may permit those persons to print at least may permit those persons to print at least
one copy of the work; one copy of the work;

(b) there is a tariff certified under section (b) there is a tariff certified under section
70.15 that is applicable to the digital 70.15 that is applicable to the digital
reproduction of the work, to the reproduction of the work, to the
communication of the digital reproduction communication of the digital reproduction
by telecommunication to persons acting by telecommunication to persons acting
under the authority of the institution and under the authority of the institution and
to the printing by those persons of at least to the printing by those persons of at least
one copy of the work; or one copy of the work; or
(c) the institution has been informed by (c) the institution has been informed by
the collective society that is authorized to the collective society that is authorized to
enter into reprographic agreements with enter into reprographic agreements with
respect to the work that the owner of the respect to the work that the owner of the
copyright in the work has informed it, copyright in the work has informed it,
under subsection (5), that the owner under subsection
refuses to authorize the collective society (5), that the owner refuses to authorize the
to enter into a digital reproduction collective society to enter into a digital
agreement with respect to the work. reproduction agreement with respect to
the
work.
Restriction
Restriction (5) If the owner of the copyright in a work (5) If the owner of the copyright in a work
informs the collective society that is informs the collective society that is
authorized to enter into reprographic authorized to enter into reprographic
agreements with respect to the work that agreements with respect to the work that
the owner refuses to authorize it to enter the owner refuses to authorize it to enter
into digital reproduction agreements with into digital reproduction agreements with
respect to the work, the collective society respect to the work, the collective society
shall inform the educational institutions
shall inform the educational institutions with which it has entered into
with which it has entered into reprographic reproduction agreements
reprographic reproduction agreements with respect to the work that they are not
with respect to the work that they are not permitted to make digital reproductions
permitted to make digital reproductions under subsection (1).
under subsection (1).
Deeming (6) The owner of the copyright in a work Deeming (6) The owner of the copyright in a work
who, in respect of the work, has provision who, in respect of the work, has
provision
authorized a collective society to enter authorized a collective society to enter
into a reprographic reproduction into a reprographic reproduction
agreement with an educational institution agreement with an educational institution
is deemed to have authorized the society is deemed to have authorized the society
to enter into a digital reproduction
to enter into a digital reproduction
agreement with the institution —subject
agreement with the institution — subject to the same restrictions as a reprographic
to the same restrictions as a reprographic reproduction
reproduction agreement — unless the agreement — unless the owner has
owner has refused to give this refused to give this authorization under
authorization under subsection (5) or has subsection (5) or has authorized another
authorized another collective society to collective society to enter into a digital
enter into a digital reproduction reproduction agreement with respect to
agreement with respect to the work. the work.
Maximum (7) In proceedings against an educational Maximum (7) In proceedings against an educational
amount that institution for making a digital amount that institution for making a digital
may reproduction of a paper form of a work, may be reproduction of a paper form of a work, or
be recovered or for communicating such a reproduction recovered for communicating such a reproduction by
by telecommunication for an educational telecommunication for an educational or
or training purpose to persons acting training purpose to persons acting under
under the authority of the institution, the the authority of the institution, the
owner of the copyright in the work may owner of the copyright in the work may
not recover an amount more than not recover an amount more than

(a) in the case where there is a digital (a) in the case where there is a digital
reproduction licence that meets the reproduction licence that meets the
conditions described in paragraph (4)(a) conditions described in paragraph (4)(a)
in respect of the work — or, if none exists in respect of the work — or, if none exists
in respect of the work, in respect of a in respect of the work, in respect of a
work of the same category — the amount
work of the same category — the amount
of royalties that would be payable under
of royalties that would be payable under
that licence in respect of those acts or, if
that licence in respect of those acts or, if
there is more than one applicable licence,
there is more than one applicable licence, the greatest amount of royalties payable
the greatest amount of royalties payable under any of those licences; and
under any of those licences; and
(b) in the case where there is no licence (b) in the case where there is no licence
described in paragraph (a) but there is a described in paragraph (a) but there is a
reprographic reproduction licence in reprographic reproduction licence in
respect of the work — or, if none exists in respect of the work — or, if none exists in
respect of the work, in respect of a work respect of the work, in respect of a work
of the same category — the amount of
of the same category — the amount of
royalties that would be payable under that
royalties that would be payable under that
licence in respect of those acts or, if there licence in respect of those acts or, if there
is more than one applicable licence, the is more than one applicable licence, the
greatest amount of royalties payable greatest amount of royalties payable under
any of those licences.
under any of those licences.
No damages
No damages (8) The owner of the copyright in a work (8) The owner of the copyright in a work
may not recover any damages against a may not recover any damages against a
person acting under the authority of the person acting under the authority of the
educational institution who, in respect of educational institution who, in respect of a
a digital reproduction of the work that is digital reproduction of the work that is
communicated to the person by communicated to the person by
telecommunication, prints one copy of the telecommunication, prints one copy of the
work if, at the time of the printing, it was work if, at the time of the printing, it was
reasonable for the person to believe that reasonable for the person to believe that
the communication was made in the communication was made in
accordance with paragraph (1)(b). accordance with paragraph (1)(b).

Royalties — 30.03 (1) If an educational institution has Royalties — 30.03 (1) If an educational institution has
digital paid royalties to a collective society for digital paid royalties to a collective society for
reproduction the digital reproduction of a work under reproduction
the digital reproduction of a work under
agreement paragraph 30.02(3)(a) and afterwards the agreement paragraph 30.02(3)(a) and afterwards the
institution enters into a digital institution enters into a digital
reproduction agreement described in reproduction agreement described in
paragraph 30.02(4)(a) with any collective paragraph 30.02(4)(a) with any collective
society, society,

(a) in the case where the institution would (a) in the case where the institution would
— under that digital reproduction — under that digital reproduction
agreement — pay a greater amount of agreement
royalties for the digital reproduction of — pay a greater amount of royalties for
that work than what was payable under the digital reproduction of that work than
paragraph 30.02(3)(a), the institution shall what was payable under paragraph
pay to the collective society to which it 30.02(3)(a), the institution shall pay to the
collective society to which it paid
paid royalties under that paragraph the
royalties under that paragraph the
difference between difference between
(i) the amount of royalties that the (i) the amount of royalties that the
institution would have had to pay for the institution would have had to pay for the
digital reproduction of that work if the digital reproduction of that work if the
agreement had been entered into on the agreement
day on which the institution first made a had been entered into on the day on which
digital reproduction under paragraph the institution first made a digital
30.02(1)(a), and reproduction under paragraph 30.02(1)(a),
and
(ii) the amount of royalties that the (ii) the amount of royalties that the
institution paid to the society under institution paid to the society under
paragraph 30.02(3)(a) for the digital paragraph 30.02(3)(a) for the digital
reproduction of that work from the day on reproduction of that work from the day on
which that paragraph comes into force which that paragraph comes into force
until the day on which they enter into the until the day on which they enter into the
digital reproduction agreement; and digital reproduction agreement; and
(b) in the case where the institution would (b) in the case where the institution would
— under that digital reproduction — under that digital reproduction
agreement — pay a lesser amount of agreement — pay a lesser amount of
royalties for the digital reproduction of royalties for the digital reproduction of
that work than what was payable under that work than what was payable under
paragraph 30.02(3)(a), the collective paragraph 30.02(3)(a), the collective
society to which the institution paid society to which the institution paid
royalties under that paragraph shall pay to royalties under that paragraph shall pay to
the institution the difference between the institution the difference between
(i) the amount of royalties that the (i) the amount of royalties that the
institution paid to the society under institution paid to the society under
paragraph 30.02(3)(a) for the digital paragraph 30.02(3)(a) for the digital
reproduction of that work from the day on reproduction of that work from the day on
which that paragraph comes into force which that paragraph comes into force
until the day on which they enter into the until the day on which they enter into the
digital reproduction agreement, and digital reproduction agreement, and

(ii) the amount of royalties that the (ii) the amount of royalties that the
institution would have had to pay for the institution would have had to pay for the
digital reproduction of that work if the
digital reproduction of that work if the
agreement had been entered into on the
agreement had been entered into on the
day on which the institution first made a
day on which the institution first made a
digital reproduction under paragraph
digital reproduction under paragraph
30.02(1)(a).
30.02(1)(a).
Royalties — (2) If an educational institution has paid Royalties — (2) If an educational institution has paid
tariff royalties to a collective society for the tariff
royalties to a collective society for the
digital reproduction of a work under digital reproduction of a work under
paragraph 30.02(3)(a) and afterwards a paragraph 30.02(3)(a) and afterwards a
tariff applies to the digital reproduction of tariff applies to the digital reproduction of
that work under paragraph 30.02(4)(b), that work under paragraph 30.02(4)(b),

(a) in the case where the institution would (a) in the case where the institution would
— under the tariff — pay a greater — under the tariff — pay a greater
amount of royalties for the digital amount of royalties for the digital
reproduction of that work than what was reproduction of that work than what was
payable under paragraph 30.02(3)(a), the payable under paragraph 30.02(3)(a), the
institution shall pay to the collective institution shall pay to the collective
society to which it paid royalties under
society to which it paid royalties under
that paragraph the difference between
that paragraph the difference between
(i) the amount of royalties that the (i) the amount of royalties that the
institution would have had to pay for the institution would have had to pay for the
digital reproduction of that work if the digital reproduction of that work if the
tariff had been certified on the day on tariff had been certified on the day on
which the institution first made a digital which the institution first made a digital
reproduction under paragraph 30.02(1)(a), reproduction under paragraph 30.02(1)(a),
and and

(ii) the amount of royalties that the (ii) the amount of royalties that the
institution paid to the society under institution paid to the society under
paragraph 30.02(3)(a) for the digital paragraph 30.02(3)(a) for the digital
reproduction of that work from the day on reproduction of that work from the day on
which that paragraph comes into force which that paragraph comes into force
until the day on which the tariff is until the day on which the tariff is
certified; and certified; and

(b) in the case where the institution would (b) in the case where the institution would
— under the tariff — pay a lesser amount — under the tariff — pay a lesser amount
of royalties for the digital reproduction of of royalties for the digital reproduction of
that work than what was payable under that work than what was payable under
paragraph 30.02(3)(a), the collective paragraph 30.02(3)(a), the collective
society to which the institution paid society to which the institution paid
royalties under that paragraph shall pay to royalties under that paragraph shall pay to
the institution the difference between
the institution the difference between
(i) the amount of royalties that the (i) the amount of royalties that the
institution paid to the society under institution paid to the society under
paragraph 30.02(3)(a) for the digital paragraph 30.02(3)(a) for the digital
reproduction of that work from the day on reproduction of that work from the day on
which that paragraph comes into force which that paragraph comes into force
until the day on which the tariff is until the day on which the tariff is
certified, and certified, and

(ii) the amount of royalties the institution (ii) the amount of royalties that the
would have had to pay for the digital institution would have had to pay for the
digital reproduction of that work if the
reproduction of that work if the tariff had
tariff had been certified on the day on
been certified on the day on which the
which the institution first made a digital
institution first made a digital
reproduction under paragraph 30.02(1)(a).
reproduction under paragraph 30.02(1)(a).
Work available 30.04 (1) Subject to subsections (2) to (5), Work available 30.04 (1) Subject to subsections (2) to (5),
through through it is not an infringement of copyright for
it is not an infringement of copyright for Internet
Internet
an educational institution, or a person an educational institution, or a person
acting under the authority of one, to do acting under the authority of one, to do
any of the following acts for educational any of the following acts for educational
or training purposes in respect of a work
or training purposes in respect of a work
or other subject-matter that is available
or other subject-matter that is available
through the Internet:
through the Internet:
(a) reproduce it; (a) reproduce it;
(b) communicate it to the public by (b) communicate it to the public by
telecommunication, if that public telecommunication, if that public
primarily consists of students of the primarily consists of students of the
educational institution or other persons educational institution or other persons
acting under its authority; acting under its authority;

(c) perform it in public, if that public (c) perform it in public, if that public
primarily consists of students of the primarily consists of students of the
educational institution or other persons educational institution or other persons
acting under its authority; or acting under its authority; or
(d) do any other act that is necessary for (d) do any other act that is necessary for
the purpose of the acts referred to in the purpose of the acts referred to in
paragraphs (a) to (c). paragraphs (a) to (c).
(2) Subsection (1) does not apply unless Conditions (2) Subsection (1) does not apply unless
Conditions
the educational institution or person the educational institution or person
acting under its authority, in doing any of acting under
the acts described in that subsection in its authority, in doing any of the acts
respect of the work or other subject- described in that subsection in respect of
matter, mentions the following: the work or other subject-matter, mentions
the following:
(a) the source; and (a) the source; and
(b) if given in the source, the name of (b) if given in the source, the name of

(i) the author, in the case of a work, (i) the author, in the case of a work,
(ii) the performer, in the case of a (ii) the performer, in the case of a
performer’s performance, performer’s performance,

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

(iv) the broadcaster, in the case of a (iv) the broadcaster, in the case of a
communication signal. communication signal.
Non- (3) Subsection (1) does not apply if the Non- (3) Subsection (1) does not apply if the
application
application work or other subject-matter — or the work or other subject-matter — or the
Internet site where it is posted — is Internet site where it is posted — is
protected by a technological measure that protected by a technological protection
restricts access to the work or other measure that restricts access to the work
subject-matter or to the Internet site. or other subject-matter or to the Internet
site
Non- (4) Subsection (1) does not permit a Non- (4) Subsection (1) does not permit a
application
application person to do any act described in that person to do any act described in that
subsection in respect of a work or other subsection in respect of a work or other
subject-matter if subject-matter if

(a) that work or other subject-matter — or (a) that work or other subject-matter — or
the Internet site where it is posted — is the Internet site where it is posted — is
protected by a technological measure that protected by a technological protection
restricts the doing of that act; or measure that restricts the doing of that
act; or
(b) a clearly visible notice — and not (b) a clearly visible notice — and not
merely the copyright symbol — merely the copyright symbol —
prohibiting that act is posted at the prohibiting that act is posted at the
Internet site where the work or other Internet site where thework or other
subject-matter is posted or on the work or subject-matter is posted or on the work or
other subject-matter itself.
other subject-matter itself.
Non- Non- (5) Subsection (1) does not apply if the
(5) Subsection (1) does not apply if the application
application
educational institution or person acting educational institution or person acting
under its authority knows or should have under its authority knows or should have
known that the work or other subject- known that the work or other subject-
matter was made available through the matter was made available through the
Internet without the consent of the Internet without the consent of the
copyright owner
copyright owner.
Regulations (6) The Governor in Council may make
Regulations (6) The Governor in Council may make
regulations for the purposes of paragraph regulations for the purposes of paragraph
(4)(b) prescribing what constitutes a (4)(b) prescribing what constitutes a
clearly visible notice. clearly visible notice.

1997, c. 24, 19. Paragraph 30.1(1)(c) of the Act is 1997, c. 24, s. 28. Paragraph 30.1(1)(c) of the Act is
s. 18(1) replaced by the following: 18(1) replaced by the following:

(c) in an alternative format if the library, (c) in an alternative format if the library,
archive or museum or a person acting archive or museum or a person acting
under the authority of the library, archive under the authority of the library, archive
or museum considers that the original is or museum considers that the original is
currently in a format that is obsolete or is currently in a format that is obsolete or is
becoming obsolete, or that the technology becoming obsolete, or that the technology
required to use the original is unavailable required to use the original is unavailable
or is becoming unavailable;
or is becoming unavailable;

1997, c. 24, 20. (1) Subsection 30.2(5) of the Act is 1997, c. 24, s. 29. Subsections 30.2(4) and (5) of the
s. 18(1) replaced by the following: 18(1) Act are replaced by the following:
Conditions
(4) A library, archive or museum may
provide the person for whom the copy is
made under subsection (2) with the copy
only on the condition that
(a) the person is provided with a single
copy of the work; and
(b) the library, archive or museum informs
the person that the copy is to be used
solely for research or private study and
that any use of the copy for a purpose
other than research or private study may
require the authorization of the copyright
owner of the work in question.
(5) A library, archive or museum, or a Patrons of
Patrons of other (5) Subject to subsection (5.02), a library,
other
libraries, etc. person acting under the authority of one, archive or museum, or a person acting
libraries, etc.
may do, on behalf of a patron of another under the authority of one, may do, on
library, archive or museum, anything behalf of a patron of another library,
under subsection (1) or (2) in relation to archive or museum, anything under
printed matter that it is authorized by this subsection (1) or (2) that it is authorized
section to do on behalf of one of its own by this section to do on behalf of one of
patrons. its own patrons.
Deeming (5.01) For the purpose of subsection (5),
the making of a copy of a work other than
by reprographic reproduction is deemed to
be a making of a copy of the work that
may be done under subsection (2).
Limitation (5.01) A library, archive or museum, or a Limitation (5.02) A library, archive or museum, or a
regarding person acting under the authority of one, regarding person acting under the authority of one,
copies may, under subsection (5), make a copy of copies may, under subsection (5), provide a copy
in digital form printed matter in digital form and provide in digital form in digital form to a person who has
it to a person who has requested it requested it through another library,
through another library, archive or archive or museum if the providing
museum if the providing library, archive library, archive or museum or person
or museum or person takes measures to takes measures to prevent the person who
prevent the person who has requested it has requested it from
from
(a) making any reproduction of the digital (a) making any reproduction of the digital
copy, including any paper copies, other copy, including any paper copies, other
than printing one copy of it; than printing one copy of it;
(b) communicating the digital copy to any (b) communicating the digital copy to any
other person; and other person; and
(c) using the digital copy for more than (c) using the digital copy for more than
five business days. five business days from the day on which
the person first uses it.
(2) Subsection 30. 2(6) of the Act is
amended by striking out the word “and”
at the end of paragraph (c), by adding the
word “and’’ at the end of paragraph (d)
and by adding the following after
paragraph (d): (e) prescribing the manner
and form in which the measures referred
to in subsection (5.01) are to be taken.

2004, c. 11, s. 30. (1) Subsection 30.21(1) of the Act is


21(1) replaced by the following:
Copying works 30.21 (1) Subject to subsections (3) and
deposited in (3.1), it is not an infringement of
archive copyright for an archive to make, for any
person requesting to use the copy for
research or private study, a copy of an
unpublished work that is deposited in the
archive and provide the person with it.
1997, c. 24, s. (2) Subsections 30.21(3) and (4) of the
18(1); 2004, c. Act are replaced by the following:
11, s. 21(2)(E)

Conditions for (3) The archive may copy the work only
copying of on the condition that
works

(a) the person who deposited the work, if


a copyright owner, did not, at the time the
work was deposited, prohibit its copying;
and
(b) copying has not been prohibited by
any other owner of copyright in the work.
Condition for (3.1) The archive may provide the person
providing copy for whom a copy is made under
subsection (1) with the copy only on the
condition that
(a) the person is provided with a single
copy of the work; and
(b) the archive informs the person that the
copy is to be used solely for research or
private study and that any use of the copy
for a purpose other than research or
private study
may require the authorization of the
copyright owner of the work in question.
Regulations (4) The Governor in Council may
prescribe by regulation the manner and
form in which the conditions set out in
subsections (3) and (3.1) may be met.

1997, c. 24, s. 31. Section 30.6 of the Act is replaced


18(1) by the following:
Permitted acts 30.6 It is not an infringement of copyright
in a computer program for a person who
owns a copy of the computer program that
is authorized by the owner of the
copyright, or has a licence to use a copy
of the computer program, to
(a) reproduce the copy by adapting,
modifying or converting it, or translating
it into another computer language, if the
person proves that the reproduced copy
(i) is essential for the compatibility of the
computer program with a particular
computer,
(ii) is solely for the person’s own use, and
(iii) was destroyed immediately after the
person ceased to be the owner of the copy
of the computer program or to have a
licence to use it; or
(b) reproduce for backup purposes the
copy or a reproduced copy referred to in
paragraph (a) if the person proves that the
reproduction for backup purposes was
destroyed immediately after the person
ceased to be the owner of the copy of the
computer program or to have a licence to
use it.
Interoperabilit 30.61 It is not an infringement of
y copyright in a computer program for a
of computer person who owns a copy of the computer
programs
program that is authorized by the owner
of the copyright, or has a licence to use a
copy of the computer program, to
reproduce the copy for the sole purpose of
obtaining information that would allow
the person to make the program and any
other computer program interoperable.
Encryption Research

Encryption 30.62 It is not an infringement of


research copyright for a person to reproduce a
work or other subject-matter for the
purposes of encryption research if
(a) it would not be practical to carry out
the research without making the copy;
(b) the person has lawfully obtained the
work or other subject-matter; and
(c) the person has informed the owner of
the copyright in the work or other subject-
matter.
Security
Security 30.63 It is not an infringement of
copyright for a person to reproduce a
work or other subject-matter for the sole
purpose, with the consent of the owner or
administrator of a computer, computer
system or computer network, of assessing
the vulnerability of the computer,
system or network or of correcting any
security flaws.

32. The Act is amended by adding the


following after section 30.7:
Temporary Reproductions for
Technological Processes
30.71 It is not an infringement of
copyright to make a reproduction of a
work or other subject-matter if
(a) the reproduction forms an essential
part of a technological process;
(b) the reproduction’s only purpose is to
facilitate a use that is not an infringement
of copyright; and
(c) the reproduction exists only for the
duration of the technological process.
1997, c. 24, s. 33. The portion of subsection 30.8(11)
18(1) of the Act after paragraph (c) is
replaced by the following:
The undertaking must hold a broadcasting
licence issued by the Canadian Radio-
television and Telecommunications
Commission under the Broadcasting Act,
or be exempted from this requirement by
the Canadian Radio-television and
Telecommunications Commission.

1997, c. 24, s. 34. (1) The portion of subsection 30.9(1)


18(1) of the Act before paragraph (b) is
replaced by the following:
Ephemeral 30.9 (1) It is not an infringement of
recordings —
copyright for a broadcasting undertaking
to reproduce in accordance with this
broadcasting
undertaking section a sound recording, or a
performer’s performance or work that is
embodied in a sound recording, solely for
the purpose of their broadcasting, if the
undertaking
(a) owns the copy of the sound recording,
performer’s performance or work and that
copy is authorized by the owner of the
copyright, or has a licence to use the
copy;
1997, c. 24, s. (2) Subsection 30.9(4) of the Act is
18(1) replaced by the following:
Destruction (4) The broadcasting undertaking must
destroy the reproduction when it no
longer possesses the sound recording, or
performer’s performance or work
embodied in the sound recording, or its
licence to use the sound recording,
performer’s performance or work expires,
or at the latest within 30 days after
making the reproduction, unless the
copyright owner authorizes the
reproduction to be retained.
1997, c. 24, s. (3) Subsection 30.9(6) of the Act is
18(1) repealed.

21. The Act is amended by adding the 35. The Act is amended by adding the
following after section 31: following after section 31:

Network Services Network Services


Network 31.1 (1) A person who, in providing Network 31.1 (1) A person who, in providing
services services related to the operation of the services services related to the operation of the
Internet or another digital network, Internet or another digital network,
provides any means for the provides any means for the
telecommunication or the reproduction of telecommunication or the reproduction of
a work or other subject-matter through the a work or other subject-matter through the
Internet or that other network does not,
Inter- net or that other network does not,
solely by reason of providing those
solely by reason of providing those
means, infringe copyright in that work or
means, infringe copyright in that work or other subject-matter.
other subject-matter.
Exception (2) Subsection (1) does not apply in
respect of a service provided by the
person if the provision of that service
constitutes an infringement
of copyright under subsection 27(2.3).
Incidental acts (3) Subject to subsection (4), a person
Incidental acts (2) Subject to subsection (3), a person
referred to in subsection (1) who caches referred to in subsection (1) who caches
the work or other subject-matter to make the work or other subject-matter, or does
the telecommunication more efficient any similar act in relation to it, to make
does not, by virtue of that act alone, the telecommunication more efficient
infringe copyright in the work or other does not, by virtue of that act alone,
subject-matter. infringe copyright in the work or other
subject-matter.
Conditions for (3) Subsection (2) does not apply unless Conditions for (4) Subsection (3) does not apply unless
application the person, in respect of the work or other application the person, in respect of the work or other
subject-matter, subject- matter,
(a) does not modify it; (a) does not modify it, other than for
technical reasons;
(b) ensures that any directions related to (b) ensures that any directions related to
its caching that are established by its caching or the doing of any similar act,
whoever made it available for as the case may be, that are established by
telecommunication through the Internet or whoever made it available for
another digital network, and that lend telecommunication through the Internet or
themselves to automated reading and another digital network, and that lend
execution, are read and executed; and themselves to automated reading and
execution, are read and executed; and
(c) does not interfere with the lawful use (c) does not interfere with the lawful use
of technology to obtain data on its use. of technology to obtain data on its use.
(4) Subject to subsection (5), a person Hosting (5) Subject to subsection (6), a person
Hosting
who, for the purpose of allowing the who, for the purpose of allowing the
telecommunication of a work or other telecommunication of a work or other
subject-matter through the Internet or subject-matter through the Internet or
another digital network, provides digital another digital network, provides digital
memory in which another person stores memory in which another person stores
the work or other subject-matter does not, the work or other subject-matter does not,
by virtue of that act alone, infringe by virtue of that act alone, infringe
copyright in the work or other subject- copyright in the work or other subject-
matter. matter.
Condition for (5) Subsection (4) does not apply in Condition for (6) Subsection (5) does not apply in
application respect of a work or other subject-matter application respect of a work or other subject-matter
if the person providing the digital if the person providing the digital
memory knows of a decision of a court of memory knows of a decision of a court of
competent jurisdiction to the effect that competent jurisdiction to the effect that
the person who has stored the work or the person who has stored the work or
other subject-matter in the digital memory other subject-matter in the digital memory
infringes copyright by making the copy of infringes copyright by making the copy of
the work or other subject-matter that is the work or other subject-matter that is
stored or by the way in which he or she stored or by the way in which he or she
uses the work or other subject-matter. uses the work or other subject-matter.

1997, c. 24, s. 36. The portion of subsection 32(1) of


19
the Act before paragraph (a) is
replaced by the following:
Reproduction 32. (1) It is not an infringement of
in alternate copyright for a person with a perceptual
format
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

37. The Act is amended by adding the


following after section 32:
Sending copies 32.01 (1) Subject to this section, it is not
outside Canada an infringement of copyright for a non-
profit organization acting for the benefit
of persons with a print disability to make
a copy, in a format specially designed for
persons with a print disability, of a work
and to send the copy to a nonprofit
organization in another country for use by
persons with print disabilities in that
country, if the author of the work that is
reformatted is
(a) a Canadian citizen or permanent
resident within the meaning of subsection
2(1) of the Immigration and Refugee
Protection Act; or
(b) a citizen or permanent resident of the
country to which the copy is sent.
Limitation (2) Subsection (1) does not authorize a
large print book or a cinematographic
work to be sent outside Canada.
Exception (3) Subsection (1) does not authorize a
Work available copy to be sent to a country if the
in country organization knows or has reason to
believe that the work, in the format
specially designed for persons with a
print disability, is available in that country
within a reasonable time and for a
reasonable price, and may be located in
that country with reasonable effort.
If copyright (5) If the organization cannot locate the
owner cannot copyright owner, despite making
be located reasonable efforts to do so, the
organization shall pay, in accordance with
the regulations, any royalty established
under the regulations to a collective
society.
Reports
(6) The organization making and sending
the copy shall submit reports to an
authority in
accordance with the regulations on the
organi-
zation’s activities under this section.
Regulations (7) The Governor in Council may make
regulations
(a) requiring a non-profit organization that
seeks to send a copy outside Canada to,
before doing so, enter into a contract with
the recipient non-profit organization with
respect to the use of the copy;
(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
classes of works 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).
Meaning of (8) In this section, “print disability”
“print means a disability that prevents or inhibits
disability”
a person from reading a literary, musical
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.

22. Subsection 32 2(1) of the Act is 38. Subsection 32.2(1) of the Act is
amended by striking out the word “or” amended by striking out “or” at the
at the end of paragraph (d), by adding end of paragraph (d), by adding “or” at
the word “or” at the end of paragraph the end of paragraph (e) and by adding
(e) and by adding the following after the following after paragraph (e):
paragraph (e):
(f) for an individual to use for private or (f) for an individual to use for private or
non-commercial purposes a photograph or non-commercial purposes, or permit the
portrait that was commissioned by the use of for those purposes, a photograph or
individual for personal purposes and portrait that was commissioned by the
made for valuable consideration, unless individual for personal purposes and
the individual and the owner of the made for valuable consideration, unless
copyright in the photograph or portrait the individual and the owner of the
have agreed otherwise. copyright in the photograph or portrait
have agreed otherwise.

23. The Act is amended by adding the 39. The Act is amended by adding the
following after section 32.5: following after section 32.5:

Certain rights 32.6 Despite sections 27, 28.1 and 28.2, if Certain rights 32.6 Despite sections 27, 28.1 and 28.2, if
and interests a person has, before the day on which and interests a person has, before the day on which
protected subsection 15(1.1), 17.1(1) or 18(1.1) protected subsection 15(1.1), 17.1(1) or 18(1.1)
applies in respect of a particular applies in respect of a particular
performers’ performance or sound performers’ performance or sound
recording, incurred an expenditure or a recording, incurred an expenditure or a
liability in connection with, or in liability in connection with, or in
preparation for, the doing of an act that preparation for, the doing of an act that
would, if done after that day, have would, if done after that day, have
infringed rights under that subsection, any infringed rights under that subsection, any
right or interest of that person that arises right or interest of that person that arises
from, or in connection with, the doing of from, or in connection with, the doing of
that act and that is subsisting and valuable that act and that is subsisting and valuable
on that day is not, for two years after the on that day is not, for two years after the
day on which this section comes into day on which this section comes into
force, prejudiced or diminished by reason force, prejudiced or diminished by reason
only of the subsequent application of that only of the subsequent application of
subsection in respect of the performers’ thatsubsection in respect of the
performers’ performance or sound
performance or sound recording.
recording.

1997, c. 24, s. 24. Subsection 33(1) of the Act is 1997, c. 24, s. 40. Subsection 33(1) of the Act is
19 19
replaced by the following: replaced by the following:
Certain rights 33. (1) Despite subsections 27(1), (2) and Certain rights 33. (1) Despite subsections 27(1), (2) and
and interests (4) and sections 27.1, 28.1 and 28.2, if a and interests (4) and sections 27.1, 28.1 and 28.2, if a
protected person has, before the later of January 1, protected person has, before the later of January 1,
1996 and the day on which a country 1996 and the day on which a country
becomes a treaty country other than a becomes a treaty country other than a
WCT country, incurred an expenditure or
WCT country, incurred an expenditure or
liability in connection with, or in
liability in connection with, or in
preparation for, the doing of an act that, if
preparation for, the doing of an act that, if that country had been such a treaty
that country had been such a treaty country, would have infringed copyright
country, would have infringed copyright in a work or moral rights in respect of a
in a work or moral rights in respect of a work, any right or interest of that person
work, any right or interest of that person that arises from, or in connection with, the
that arises from, or in connection with, the doing of that act and that is subsisting and
doing of that act and that is subsisting and valuable on the later of those days is not,
valuable on the later of those days is not, except as provided by an order of the
except as provided by an order of the Board made under subsection 78(3),
Board made under subsection 78(3), prejudiced or diminished by reason only
prejudiced or diminished by reason only of that country having become such a
of that country having become such a treaty country.
treaty country.

25. The Act is amended by adding the 41. The Act is amended by adding the
following after section 33: following after section 33:

Certain rights 33.1 (1) Despite subsections 27(1), (2) Certain rights 33.1 (1) Despite subsections 27(1), (2)
and interests and (4) and sections 27.1, 28.1 and 28.2, and interests and (4) and sections 27.1, 28.1 and 28.2,
protected if a person has, before the later of the day protected if a person has, before the later of the day
on which this section comes into force on which this section comes into force
and the day on which a country that is a and the day on which a country that is a
treaty country but not a WCT country treaty country but not a WCT country
becomes a WCT country, incurred an becomes a WCT country, incurred an
expenditure or liability in connection expenditure or liability in connection
with, or in preparation for, the doing of an with, or in preparation for, the doing of an
act that, if that country had been a WCT act that, if that country had been a WCT
country, would have infringed a right country, would have infringed a right
under paragraph 3(1)(j), any right or under paragraph 3(1)(j), any right or
interest of that person that arises from, or interest of that person that arises from, or
in connection with, the doing of that act in connection with, the doing of that act
and that is subsisting and valuable on the and that is subsisting and valuable on the
later of those days is not, except as later of those days is not, except as
provided by an order of the Board made provided by an order of the Board made
under subsection 78(3), prejudiced or under subsection 78(3), prejudiced or
diminished by reason only of that country diminished by reason only of that country
having become a WCT country. having become a WCT country.
(2) Despite subsection (1), a person’s Compensation (2) Despite subsection (1), a person’s
Compensation
right or interest that is protected by that right or interest that is protected by that
subsection terminates as against the subsection terminates as against the
copyright owner if and when the owner copyright owner if and when the owner
pays the person any compensation that is pays the person any compensation that is
agreed to between the parties or, failing agreed to between the parties or, failing
agreement, that is determined by the agreement, that is determined by the
Board in accordance with section 78. Board in accordance with section 78.

Certain rights 33.2 (1) Despite subsections 27(1), (2) Certain rights 33.2 (1) Despite subsections 27(1), (2)
and interests and and interests and (4) and sections 27.1, 28.1 and 28.2,
protected (4) and sections 27.1, 28.1 and 28.2, if a protected if a person has, before the later of the day
person has, before the later of the day on on which this section comes into force
which this section comes into force and and the day on which a country that is not
the day on which a country that is not a a treaty country becomes a WCT country,
treaty country becomes a WCT country, incurred an expenditure or a liability in
incurred an expenditure or a liability in connection with, or in preparation for, the
connection with, or in preparation for, the doing of an act that, if that country had
doing of an act that, if that country had been a WCT country, would have
been a WCT country, would have infringed copyright in a work or moral
infringed copyright in a work or moral rights in respect of a work, any right or
rights in respect of a work, any right or interest of that person that arises from, or
interest of that person that arises from, or in connection with, the doing of that act
in connection with, the doing of that act and that is subsisting and valuable on the
later of those days is not, except as
and that is subsisting and valuable on the
provided by an order of the Board made
later of those days is not, except as under subsection 78(3), prejudiced or
provided by an order of the Board made diminished by reason only of that country
under subsection 78(3), prejudiced or having become a WCT country.
diminished by reason only of that country
having become a WCT country.
(2) Despite subsection (1), a person’s Compensation (2) Despite subsection (1), a person’s
Compensation
right or interest that is protected by that right or interest that is protected by that
subsection terminates as against the subsection terminates as against the
copyright owner if and when that owner copyright owner if and when that owner
pays the person any compensation that is pays the person any compensation that is
agreed to between the parties or, failing agreed to between the parties or, failing
agreement, that is determined by the agreement, that is determined by the
Board in accordance with section 78. Board in accordance with section 78.

26. The Act is amended by adding the 42. The Act is amended by adding the
following before section 34: following before section 34:

Copyright Infringement Copyright Infringement

1997, c. 24, 27. Subsection 34(2) of the Act is 1997, c. 24, s. 43. Subsection 34(2) of the Act is
s. 20(1) replaced by the following: 20(1) replaced by the following:
(2) In any proceedings for an Moral rights (2) In any proceedings for an
Moral rights
infringement of moral rights, the court infringement of moral rights, the court
may grant to the holder of those rights all may grant to the holder of those rights all
remedies by way of injunction, damages, remedies by way of injunction, damages,
accounts, delivery up and otherwise that accounts, delivery up and otherwise that
are or may be conferred by law for the are or maybe conferred by law for the
infringement of a right.
infringement of a right.

1997, c. 24, 28. The portion of subsection 34.1(1) of 1997, c. 24, s. 44. The portion of subsection 34.1(1) of
the Act before paragraph (a) is replaced 20(1) the Act before paragraph (a) is replaced
s. 20(1)
by the following: by the following:
Presumptions 34.1 (1) In any civil proceedings taken Presumptions 34.1 (1) In any civil proceedings taken
respecting under this Act in which the defendant puts respecting
under this Act in which the defendant puts
in issue either the existence of the in issue either the existence of the
copyright and copyright and
copyright or the title of the plaintiff to it, copyright or the title of the plaintiff to it,
ownership ownership

1997, c. 24, 29. Sections 36 and 37 of the Act are


s. 20(1) repealed.

1997, c. 24, 30. (1) Subsection 38.1(2) of the Act is 1997, c. 24, s. 46. (1) Subsections 38.1(1) to (3) of the
20(1) Act are replaced by the following:
s. 20(1) replaced by the following:
Limitation (1.1) If a copyright owner has made an Statutory 38.1 (1) Subject to this section, a
election under subsection (1), a defendant damages copyright owner may elect, at any
who is an individual is liable for statutory timebefore final judgment is rendered, to
damages of $500 in respect of all the recover, instead of damages and profits
defendant’s infringements that were done referred to in subsection 35(1), an award
for the defendant’s private purposes and of statutory damages for which any one
infringer is liable individually, or for
that are involved in the proceedings.
which any two or more infringers are
liable jointly and severally,
(a) in a sum of not less than $500 and not
more than $20,000 that the court
considers just, with respect to all
infringements involved in the proceedings
for each work or other subject-matter, if
the infringements are for commercial
purposes; and
(b) in a sum of not less than $100 and not
more than $5,000 that the court considers
just, with respect to all infringements
involved in the proceedings for all works
or other subject-matter, if the
infringements are for non-commercial
purposes.
Infringements (1.2) However, the copyright owner may Infringements (1.1) If the copyright owner has made an
not involved in not recover statutory damages from a not involved in election under subsection (1) with respect
the proceedings defendant referred to in subsection (1.1) the to a defendant’s infringements that are for
in respect of the defendant’s proceedings non-commercial purposes, they are barred
infringements that from recovering statutory damages under
this section from that defendant with
respect to any other of the defendant’s
infringements that were done for non-
commercial purposes before the
institution of the proceedings in which the
election was made.
(a) were done for the defendant’s private
purposes before the institution of the
proceedings in which the election was
made; and
(b) are not involved in those proceedings.
No other (1.3) If a copyright owner has made an No other (1.2) If a copyright owner has made an
statutory election under subsection (1) in respect of statutory
election under subsection (1) with respect
a defendant referred to in subsection damages to a defendant’s infringements that are for
damages
non-commercial purposes, every other
(1.1), no other copyright owner may elect
copyright owner is barred from electing to
statutory damages in respect of that
recover statutory damages under this
defendant for the defendant’s
section in respect of that defendant for
infringements that were done for the
any of the defendant’s infringements that
defendant’s private purposes before the were done for non-commercial purposes
institution of the proceedings in which the
before the institution of the proceedings
election was made.
in which the election was made.
Circumvention (1.4) Subsections (1.1) to (1.3) do not
of apply with respect to infringements that
technological were made possible because the defendant
measures circumvented or caused to be
circumvented a technological measure
that protected the work or other subject-
matter, within the meanings of the
definitions “circumvent” and
“technological measure” in section 41.
Defendant (2) If subsection (1.1) does not apply and If defendant (2) If a copyright owner has made an
unaware of the defendant satisfies the court that the unaware of
election under subsection (1) and the
defendant satisfies the court that the
infringement defendant was not aware and had no infringement
defendant was not aware and had no
reasonable grounds to believe that the
defendant had infringed copyright, the reasonable grounds to believe that the
court may reduce the amount of an award defendant had infringed copyright, the
court may reduce the amount of the award
under subsection (1) to less than $500, but
under paragraph (1)(a) to less than $500,
not less than $200. but not less than $200.
Special case
(3) In awarding statutory damages under
paragraph (1)(a) or subsection (2), the
court may award, with respect to each
work or other subject-matter, a lower
amount than $500 or $200, as the case
may be, that the court considers just, if
(a) there is more than one work or other
subject-matter in a single medium; and
(b) the awarding of even the minimum
amount referred to in that paragraph or
that
subsection would result in a total award
that, in the court’s opinion, is grossly out
of proportion to the infringement.
1997, c. 24, (2) The portion of subsection 38.1(5) of (2) Subsection 38.1(5) of the Act is
s. 20(1) the Act before paragraph (a) is amended by striking out “and” at the
replaced by the following: end of paragraph (b), by adding “and”
at the end of paragraph (c) and by
adding the following after paragraph
(c):
Factors to (5) In exercising its discretion under (d) in the case of infringements for
consider subsections (1) and (2) to (4), the court noncommercial purposes, the need for an
shall consider all relevant factors, award to be proportionate to the
including infringements, in consideration of the
hardship the award may cause to the
defendant, whether the infringement was
for private purposes or not, and the
impact of the infringements on the
plaintiff.
(3) Subsection 38.1(6) of the Act is (3) Subsection 38.1(6) of the Act is
amended by striking out the word “or” amended by striking out “or” at the
at the end of paragraph (b), by adding end of
the word “or” at the end of paragraph paragraph (b) and by adding the
(c) and by adding the following after following after paragraph (c):
paragraph (c):
(d) a person who infringes copyright
under subsection 27(2.3); or
(d) an educational institution that is sued (e) an educational institution that is sued
in the circumstances referred to in in the circumstances referred to in
subsection 30.02(7) or a person acting subsection 30.02(7) or a person acting
under its authority who is sued in the under its authority who is sued in the
circumstances referred to in subsection circumstances referred to in subsection
30.02(8). 30.02(8).

1997, c. 24, s. 31. Section 41 of the Act is replaced by 1997, c. 24, s.


22 47. Section 41 of the Act is replaced by
22 the following: the following:
Technological Measures and Rights Technological Protection Measures and
Management Information Rights Management Information
Definitions
Definitions 41. The following definitions apply in this 41. The following definitions apply in this
section and in sections 41.1 to 41.2. section and in sections 41.1 to 41.21.
“circumvent” “circumvent” means, “circumvent” “circumvent” means,

(a) in respect of a technological measure (a) in respect of a technological protection


within the meaning of paragraph (a) of the measure within the meaning of paragraph
definition “technological measure”, to (a) of the definition “technological
descramble a scrambled work or decrypt protection measure”, to descramble a
an encrypted work or to otherwise avoid, scrambled work or decrypt an encrypted
bypass, remove, deactivate or impair the work or to otherwise avoid, bypass,
technological measure, unless done with remove, deactivate or impair the
the authority of the copyright owner; and technological protection measure, unless
it is done with the authority of the
copyright owner; and
(b) in respect of a technological measure (b) in respect of a technological protection
within the meaning of paragraph (b) of measure within the meaning of paragraph
the definition “technological measure”, to (b) of the definition “technological
avoid, bypass, remove, deactivate or protection measure”, to avoid, bypass,
impair the technological measure. remove, deactivate or impair the
technological protection measure.
“technological “technological measure” means any “technological “technological protection measure” means
measure” effective technology, device or protection any effective technology, device or
component that, in the ordinary course of measure” component that, in the ordinary course of
its operation, its operation,

(a) controls access to a work, to a (a) controls access to a work, to a


performer ’s performance fixed in a sound performer’s performance fixed in a sound
recording or to a sound recording and recording or to a sound recording and
whose use is authorized by the copyright whose use is authorized by the copyright
owner; or owner; or

(b) restricts the doing — with respect to a (b) restricts the doing — with respect to a
work, to a performer’s performance fixed work, to a performer’s performance fixed
in a sound recording or to a sound in a sound recording or to a sound
recording — of any act referred to in recording — of any act referred to in
section 3, 15 or 18 and any act for which section 3, 15 or 18 and any act for which
remuneration is payable under section 19. remuneration is payable under section 19.
Prohibition Prohibition
41.1 (1) No person shall 41.1 (1) No person shall
(a) circumvent a technological measure (a) circumvent a technological protection
within the meaning of paragraph (a) of the measure within the meaning of paragraph
definition “technological measure” in (a) of the definition “technological
section 41; protection measure” in section 41;
(b) offer services to the public or provide (b) offer services to the public or provide
services if services if

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

(iii) the person markets those services as (iii) the person markets those services as
being for the purposes of circumventing a being for the purposes of circumventing a
technological measure or acts in concert technological protection measure or acts
with another person in order to market in concert with another person in order to
those services as being for those purposes; market those services as being for those
or purposes; or
(c) manufacture, import, provide — (c) manufacture, import, distribute, offer
including by selling or renting — offer for sale or rental or provide — including
for sale or rental or distribute any by selling or renting — any technology,
technology, device or component if device or component if

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

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

(iii) the person markets the technology, (iii) the person markets the technology,
device or component as being for the device or component as being for the
purposes of circumventing a technological purposes of circumventing a technological
measure or acts in concert with another protection measure or acts in concert with
person in order to market the technology, another person in order to market the
technology, device or component as being
device or component as being for those
for those purposes.
purposes.
Circumvention (2) The owner of the copyright in a work, Circumvention (2) The owner of the copyright in a work,
of a performer ’s performance fixed in a of a performer’s performance fixed in a
technological technological
sound recording or a sound recording in sound recording or a sound recording in
measure protection
respect of which paragraph (1)(a) has respect of which paragraph (1)(a) has
measure
been contravened is, subject to this Act been contravened is, subject to this Act
and any regulations made under section and any regulations made under section
41.2, entitled to all remedies — by way of 41.21, entitled to all remedies — by way
injunction, damages, accounts, delivery of injunction, damages, accounts, delivery
up and otherwise — that are or may be up and otherwise — that are or may be
conferred by law for the infringement of
conferred by law for the infringement of
copyright against the person who copyright against the person who
contravened that paragraph.
contravened that paragraph.
No statutory (3) The owner of the copyright in a work, No statutory (3) The owner of the copyright in a work,
damages a performer ’s performance fixed in a damages a performer’s performance fixed in a
sound recording or a sound recording in sound recording or a sound recording in
respect of which paragraph (1)(a) has respect of which paragraph (1)(a) has
been contravened may not elect under been contravened may not elect under
section 38.1 to recover statutory damages section 38.1 to recover statutory damages
from an individual who contravened that from an individual who contravened that
paragraph only for his or her own private paragraph only for his or her own private
purposes.
purposes.
Services, (4) Every owner of the copyright in a Services, (4) Every owner of the copyright in a
technology, work, a performer ’s performance fixed in technology, work, a performer’s performance fixed in
device or a sound recording or a sound recording in device or a sound recording or a sound recording in
component
component respect of which a technological measure respect of which a technological
has been or could be circumvented as a protection measure has been or could be
result of the contravention of paragraph circumvented as a result of the
(1)(b) or (c) is, subject to this Act and any contravention of paragraph (1)(b) or (c)
regulations made under section 41.2, is, subject to this Act and any regulations
entitled to all remedies — by way of made under section 41.21, entitled to all
injunction, damages, accounts, delivery remedies — by way of injunction,
up and otherwise — that are or may be damages, accounts, delivery up and
otherwise — that are or may be conferred
conferred by law for the infringement of
copyright against the person who by law for the infringement of copyright
against the person who contravened
contravened paragraph (1)(b) or (c).
paragraph (1)(b) or (c).
Law 41.11 (1) Paragraph 41.1(1)(a) does not Law 41.11 (1) Paragraph 41.1(1)(a) does not
enforcement apply if a technological measure is enforcement apply if a technological protection
and circumvented for the purposes of an and national measure is circumvented for the purposes
national
investigation related to the enforcement of security of an investigation related to the
security enforcement of any Act of Parliament or
any Act of Parliament or any Act of the
legislature of a province, or for the any Act of the legislature of a province, or
for the purposes of activities related to the
purposes of activities related to the
protection of national security.
protection of national security.
Services
Services (2) Paragraph 41.1(1)(b) does not apply if (2) Paragraph 41.1(1)(b) does not apply if
the services are provided by or for the the services are provided by or for the
persons responsible for carrying out such persons responsible for carrying out such
an investigation or such activities. an investigation or such activities.

Technology, (3) Paragraph 41.1(1)(c) does not apply if Technology, (3) Paragraph 41.1(1)(c) does not apply if
device or the technology, device or component is device or the technology, device or component is
component
manufactured, imported or provided by component
manufactured, imported or provided by
the persons responsible for carrying out the persons responsible for carrying out
such an investigation or such activities, or such an investigation or such activities, or
is manufactured, imported, provided or is manufactured, imported, provided or
offered for sale or rental as a service offered for sale or rental as a service
provided to those persons. provided to those persons.
Interoperabilit 41.12 (1) Paragraph 41.1(1)(a) does not
Interoperability 41.12 (1) Paragraph 41.1(1)(a) does not
of computer apply to a person who owns a computer
y apply to a person who owns a computer
programs program or a copy of it, or has a licence to
of computer program or a copy of one, or has a licence
use the program or copy, and who programs to use the program or copy, and who
circumvents a technological protection
circumvents a technological measure that
measure that protects that program or
protects that pro- gram or copy for the
copy for the sole purpose of obtaining
sole purpose of obtaining information that information that would allow the person
would allow the person to make the to make the program and any other
program and any other computer program computer program interoperable.
interoperable.
(2) Paragraph 41.1(1)(b) does not apply to Services (2) Paragraph 41.1(1)(b) does not apply to
Services
a person who offers services to the public a person who offers services to the public
or provides services for the purposes of or provides services for the purposes of
circumventing a technological measure if circumventing a technological protection
the person does so for the purpose of measure if the person does so for the
making the computer program and any purpose of making the computer program
and any other computer program
other computer program interoperable. interoperable.

Technology, (3) Paragraph 41.1(1)(c) does not apply to Technology, (3) Paragraph 41.1(1)(c) does not apply to
device or a person who manufactures, imports or device or a person who manufactures, imports or
component provides a techno ogy, device or component provides a technology, device or
component for the purposes of component for the purposes of
circumventing a technological measure if circumventing a technological protection
measure if the person does so for the
the person does so for the purpose of
purpose of making the computer program
making the computer program and any
and any other computer program
other computer program interoperable and
interoperable and
(a) uses that technology, device or (a) uses that technology, device or
component only for that purpose; or component only for that purpose; or

(b) provides that technology, device or (b) provides that technology, device or
component to another person only for that component to another person only for that
purpose.
purpose.
Sharing of (4) A person referred to in subsection (1) Sharing of (4) A person referred to in subsection (1)
information may communicate the information information may communicate the information
obtained under that subsection to another obtained under that subsection to another
person for the purposes of allowing that person for the purposes of allowing that
person to make the computer program and person to make the computer program and
any other computer program any other computer program
interoperable.
interoperable.
Limitation (5) A person to whom the technology, Limitation (5) A person to whom the technology,
device or component referred to in device or component referred to in
subsection (3) is provided or to whom the subsection (3) is provided or to whom the
information referred to in subsection (4) information referred to in subsection (4)
is communicated may use it only for the is communicated may use it only for the
purpose of making the computer program purpose of making the computer program
and any other computer program and any other computer program
interoperable.
interoperable.
Non- Non- (6) However, a person is not entitled to
application (6) However, a person is not entitled to application
benefit from the exceptions under benefit from the exceptions under
subsections (1) to (3) or (5) if, for the subsections (1) to (3) or (5) if, for the
purposes of making the computer purposes of making the computer
program and any other computer program program and any other computer program
interoperable, the person does an act that interoperable, the person does an act that
constitutes an infringement of copyright.
constitutes an infringement of copyright.
Non- Non-
application (7) Furthermore, a person is not entitled to application (7) Furthermore, a person is not entitled to
benefit from the exception under benefit from the exception under
subsection (4) if, for the purposes of subsection (4) if, for the purposes of
making the computer program and any making the computer program and any
other computer program interoperable, the other computer program interoperable, the
person does an act that constitutes an person does an act that constitutes
infringement of copyright or an act that an infringement of copyright or an act that
contravenes any Act of Parliament or any
contravenes any Act of Parliament or any
Act of the legislature of a province.
Act of the legislature of a province.
Encryption 41.13 (1) Paragraph 41.1(1)(a) does not Encryption 41.13 (1) Paragraph 41.1(1)(a) does not
research apply to a person who, for the purposes of
research apply to a person who, for the purposes of
encryption research, circumvents a encryption research, circumvents a
technological measure by means of technological
decryption if protection measure by means of
decryption if
(a) it would not be practical to carry out (a) it would not be practical to carry out
the research without circumventing the the research without circumventing the
technological measure; technological protection measure;

(b) the person has lawfully obtained the (b) the person has lawfully obtained the
work, the performer’s performance fixed work, the performer’s performance fixed
in a sound recording or the sound in a sound recording or the sound
recording that is protected by the recording that
technological measure; and is protected by the technological
protection measure; and
(c) the person has informed the owner of (c) the person has informed the owner of
the copyright in the work, the performer’s the copyright in the work, the performer’s
performance fixed in a sound recording or performance fixed in a sound recording or
the sound recording who has applied the the sound recording who has applied the
technological measure. technological protection measure.
Non- (2) However, a person acting in the Non- (2) However, a person acting in the
application application
circumstances referred to in subsection circumstances referred to in subsection (1)
(1) is not entitled to benefit from the is not entitled to benefit from the
exception under that subsection if the exception under that subsection if the
person does an act that constitutes an person does an act that constitutes an
infringement of copyright or an act that infringement of copyright or an act that
contravenes any Act of Parliament or any
contravenes any Act of Parliament or any
Act of the legislature of a province.
Act of the legislature of a province.
Technology, (3) Paragraph 41.1(1)(c) does not apply to Technology, (3) Paragraph 41.1(1)(c) does not apply to
device or a person referred to in subsection (1) who device or a person referred to in subsection (1) who
component
manufactures a technology, device or component manufactures a technology, device or
component for the purposes of component for the purposes of
circumventing a technological measure circumventing a technological protection
that is subject to paragraph 41.1(1)(a) if measure that is subject to paragraph
the person does so for the purpose of 41.1(1)(a) if the person does so for the
encryption research and purpose of encryption research and
(a) uses that technology, device or (a) uses that technology, device or
component only for that purpose; or component only for that purpose; or

(b) provides that technology, device or (b) provides that technology, device or
component only for that purpose to component only for that purpose to
another person who is collaborating with another person who is collaborating with
the person.
the person.
Personal 41.14 (1) Paragraph 41.1(1)(a) does not Personal 41.14 (1) Paragraph 41.1(1)(a) does not
information apply to a person who circumvents a information apply to a person who circumvents a
technological measure if technological protection measure if

(a) the work, performer ’s performance (a) the work, performer’s performance
fixed in a sound recording or sound fixed in a sound recording or sound
recording that is protected by the recording that is protected by the
technological measure is not accompanied technological protection measure is not
by a notice indicating that its use will accompanied by a notice indicating that
permit a third party to collect and its use will permit a third party to collect
communicate personal information and communicate personal information
relating to the user or, in the case where it relating to the user or, in the case where it
is accompanied by such a notice, the user is accompanied by such a notice, the user
is not provided with the option to prevent is not provided with the option to prevent
the collection and communication of the collection and communication of
personal information without the user’s
personal information without the user’s
use of it being restricted; and
use of it being restricted; and
(b) the only purpose of circumventing the (b) the only purpose of circumventing the
technological measure is to verify technological protection measure is to
whether it permits the collection or verify whether it permits the collection or
communication of personal information communication of personal information
and, if it does, to prevent it. and, if it does, to prevent it.

Services, (2) Paragraphs 41.1(1)(b) and (c) do not Services, (2) Paragraphs 41.1(1)(b) and (c) do not
technology, apply to a person who offers services to technology,
apply to a person who offers services to
device or the public or provides services, or device or
the public or provides services, or
component manufactures, imports or provides a component manufactures, imports or provides a
technology, device or component, for the technology, device or component, for the
purposes of circumventing a purposes of circumventing a technological
technological measure in accordance with protection measure in accordance with
sub-section (1), to the extent that the sub-section (1), to the extent that the
services, technology, device or component
services, technology, device or
do not unduly
component do not unduly impair the
impair the technological protection
technological measure. measure.
Security Security 41.15 (1) Paragraph 41.1(1)(a) does not
41.15 (1) Paragraph 41.1(1)(a) does not
apply to a person who circumvents a apply to a person who circumvents a
technological measure that is subject to technological protection measure that is
that paragraph for the sole purpose of, subject to that paragraph for the sole
with the consent of the owner or purpose of, with the consent of the owner
or administrator of a computer, computer
administrator of a computer, computer
system or computer network, assessing
system or computer network, assessing
the vulnerability of the computer, system
the vulnerability of the computer, system
or network or correcting any security or network or correcting any security
flaws.
flaws.
Services
Services (2) Paragraph 41.1(1)(b) does not apply if (2) Paragraph 41.1(1)(b) does not apply if
the services are provided to a person the services are provided to a person
described in subsection (1). described in subsection (1).
Technology, (3) Paragraph 41.1(1)(c) does not apply if Technology, (3) Paragraph 41.1(1)(c) does not apply if
device or the technology, device or component is device or the technology, device or component is
component
manufactured or imported by a person component manufactured or imported by a person
described in subsection (1), or is described in subsection (1), or is
manufactured, imported, provided — manufactured, imported, provided —
including by selling or renting — offered including by selling or renting — offered
for sale or rental or distributed as a for sale or rental or distributed as a
service provided to that person. service provided to that person.
Non- Non- (4) A person acting in the circumstances
application (4) A person acting in the circumstances application
referred to in subsection (1) is not entitled referred to in subsection (1) is not entitled
to benefit from the exception under that to benefit from the exception under that
subsection if the person does an act that subsection if the person does an act that
constitutes an infringement of copyright constitutes an infringement of copyright
or an act that contravenes any Act of or an act that contravenes any Act of
Parliament or any Act of the legislature of Parliament or any Act of the legislature of
a province.
a province.
Persons with 41.16 (1) Paragraph 41.1(1)(a) does not Persons with 41.16 (1) Paragraph 41.1(1)(a) does not
perceptual apply to perceptual
apply to a person with a perceptual
disabilities disability, another person acting at their
disabilities
request or a non-profit organization acting
(a) a person with a perceptual disability for their benefit if that person or
who circumvents a technological measure organization circumvents a technological
for the sole purpose of making a work, a protection measure for the sole purpose of
performer’s performance fixed in a sound making a work, a performer’s
performance fixed in a sound recording or
recording or a sound recording
a sound recording perceptible to the
perceptible to that person; person with a perceptual disability.
(b) a person who circumvents a
technological measure at the request of a
person with a perceptual disability for the
sole purpose of making a work, a
performer’s performance fixed in a sound
recording or a sound recording
perceptible to the person with the
perceptual disability; or
(c) a non-profit organization acting for the
benefit of a person with a perceptual
disability that circumvents a technological
measure for the sole purpose of making a
work, a performer ’s performance fixed in
a sound recording or a sound recording
perceptible to that person.
Services, (2) Paragraphs 41.1(1)(b) and (c) do not Services, 2) Paragraphs 41.1(1)(b) and (c) do not
technology, apply to a person who offers or provides technology,
apply to a person who offers or provides
device or services to persons or organizations device or
services to persons or organizations
referred to in subsection (1), or component referred to in subsection (1), or
component
manufactures, imports or provides a
manufactures, imports or provides a
technology, device or component, for the
technology, device or component, for the
purposes of enabling those persons or
purposes of enabling those persons or organizations to circumvent a
organizations to circumvent a technological protection measure in
technological measure in accordance with accordance with that subsection, to the
that subsection, to the extent that the extent that the services, technology,
services, technology, device or device or component do not unduly
component do not unduly impair the impair the technological protection
technological measure. measure.

Broadcasting 41.17 Paragraph 41.1(1)(a) does not apply Broadcasting 41.17 Paragraph 41.1(1)(a) does not apply
undertakings to a broadcasting undertaking that
undertakings to a broadcasting undertaking that
circumvents a technological measure for circumvents a technological protection
the sole purpose of making an ephemeral measure for the sole purpose of making
reproduction of a work, a performer ’s an ephemeral reproduction of a work, a
performance fixed in a sound recording or performer’s performance fixed in a sound
a sound recording in accordance with recording or a sound recording in
section 30.9, unless the owner of the accordance with section 30.9, unless the
copyright in the work, the performer ’s owner of the copyright in the work, the
performance fixed in a sound recording or performer’s performance fixed in a sound
the sound recording that is protected by recording or the sound recording that is
protected by the technological protection
the technological measure makes
measure makes available the necessary
available the necessary means to enable
means to enable the making of such a
the making of such a reproduction in a
reproduction in a timely manner in light
timely manner in light of the broadcasting of the broadcasting undertaking’s
undertaking’s business requirements. business requirements.
Radio 41.18 (1) Paragraph 41.1(1)(a) does not
apparatus
apply to a person who circumvents a
technological protection measure on a
radio apparatus for the sole purpose of
gaining access to a telecommunications
service by means of the radio apparatus.
Services or (2) Paragraphs 41.1(1)(b) and (c) do not
technology,
apply to a person who offers the services
device or
to the public or provides the services, or
component manufactures, imports or provides the
technology, device or component, for the
sole purpose of facilitating access to a
telecommunications service by means of a
radio apparatus.
Definitions
(3) The following definitions apply in this
section.
“radio “radio apparatus” has the same meaning
apparatus” as in section 2 of the
Radiocommunication Act.
“telecommuni- “telecommunications service” has the
cations same meaning as in subsection 2(1) of the
service”
Telecommunications Act.
Reduction of 41.18 A court may reduce or remit the Reduction of 41.19 A court may reduce or remit the
amount of damages it awards in the damages amount of damages it awards in the
damages
circumstances described in subsection circumstances described in subsection
41.1(1) if the defendant satisfies the court 41.1(1) if the defendant satisfies the court
that the defendant was not aware, and had that the defendant was not aware, and had
no reasonable grounds to believe, that the no reasonable grounds to believe, that the
defendant’s acts constituted a defendant’s acts constituted a
contravention of that subsection. contravention of that subsection.

Injunction only 41.19 If a court finds that a defendant that Injunction only 41.2 If a court finds that a defendant that
remedy is a library, archive or museum or an remedy is a library, archive or museum or an
educational institution has contravened educational institution has contravened
subsection 41.1(1) and the defendant subsection 41.1(1) and the defendant
satisfies the court that it was not aware, satisfies the court that it was not aware,
and had no reasonable grounds to
and had no reasonable grounds to believe, believe, that its actions constituted a
that its actions constituted a contravention contravention of that subsection, the
of that subsection, the plaintiff is not plaintiff is not entitled to any remedy
entitled to any remedy other than an other than an injunction.
injunction.
Regulations Regulations
41.2 (1) The Governor in Council may 41.21 (1) The Governor in Council may
make regulations excluding from the make regulations excluding from the
application of section 41.1 any application of section 41.1 any
technological protection measure that
technological measure that protects a
protects a work, a performer’s
work, a performer ’s performance fixed in performance fixed in a sound recording or
a sound recording or a sound recording, a sound recording, or classes of them, or
or classes of them, or any class of such any class of such technological protection
technological measures, if the Governor measures, if the Governor in Council
in Council considers that the application considers that the application of that
of that section to the technological section to the technological protection
measure or class of technological measure or class of technological
measures would unduly restrict protection measures would unduly restrict
competition in the aftermarket sector in competition in the aftermarket sector in
which the technological measure is used. which the technological protection
measure
is used.
Regulations Regulations (2) The Governor in Council may make
(2) The Governor in Council may make
regulations regulations

(a) prescribing additional circumstances (a) prescribing additional circumstances


in which paragraph 41.1(1)(a) does not in which paragraph 41.1(1)(a) does not
apply, after taking into consideration the apply, having regard to the following
following factors: factors:
(i) whether not being permitted to (i) whether not being permitted to
circumvent a technological measure that circumvent a technological protection
is subject to that paragraph could measure that is subject to that paragraph
adversely affect the use a person may could adversely affect the use a person
make of a work, a performer ’s may make of a work, a performer’s
performance fixed in a sound recording or performance fixed in a sound recording or
a sound recording when that use is a sound recording when that use is
authorized, authorized,

(ii) whether the work, the performer ’s (ii) whether the work, the performer’s
performance fixed in a sound recording or performance fixed in a sound recording or
the sound recording is commercially the sound recording is commercially
available, available,
(iii) whether not being permitted to (iii) whether not being permitted to
circumvent a technological measure that circumvent a technological protection
is subject to that paragraph could measure that is subject to that paragraph
adversely affect criticism, review, news could adversely affect criticism, review,
reporting, commentary, teaching, news reporting, commentary, parody,
scholarship or research that could be satire, teaching, scholarship or research
made or done in respect of the work, the that could be made or done in respect of
performer’s performance fixed in a sound the work, the performer’s performance
recording or the sound recording, fixed in a sound recording or the sound
recording,
(iv) whether being permitted to (iv) whether being permitted to
circumvent a technological measure that circumvent a technological protection
is subject to that paragraph could measure that is subject to that paragraph
adversely affect the market for the work, could adversely affect the market for the
the performer ’s performance fixed in a work, the performer’s performance fixed
sound recording or the sound recording or in a sound recording or the sound
its market value, recording or its market value,

(v) whether the work, the performer ’s (v) whether the work, the performer’s
performance fixed in a sound recording or performance fixed in a sound recording or
the sound recording is commercially the sound recording is commercially
available in a medium and in a quality available in a medium and in a quality
that is appropriate for non-profit archival, that is appropriate for non-profit archival,
preservation or educational uses, and preservation or educational uses, and

(vi) any other relevant factor; and (vi) any other relevant factor; and
(b) requiring the owner of the copyright in (b) requiring the owner of the copyright in
a work, a performer ’s performance fixed a work, a performer’s performance fixed
in a sound recording or a sound recording in a sound recording or a sound recording
that is protected by a technological that is protected by a technological
measure to provide access to the work, protection measure to provide access to
performer ’s performance fixed in a sound the work, performer’s performance fixed
recording or sound recording to persons in a sound recording or sound recording
who are entitled to the benefit of any of to persons who are entitled to the benefit
of any of the limitations on the application
the limitations on the application of
paragraph 41.1(1)(a) prescribed under of paragraph 41.1(1)(a) prescribed under
paragraph (a). The regulations may paragraph (a). The regulations may
prescribe the manner in which, and the prescribe the manner in which, and the
time within which, access is to be time within which, access is to be
provided, as well as any conditions that provided, as well as any conditions that
the owner of the copyright is to comply the owner of the copyright is to comply
with.
with.
Prohibition — 41.21 (1) No person shall knowingly Prohibition — 41.22 (1) No person shall knowingly
rights remove or alter any rights management rights
remove or alter any rights management
information in electronic form without the information in electronic form without the
management management
consent of the owner of the copyright in consent of the owner of the copyright in
information information
the work, the performer’s performance or the work, the performer’s performance or
the sound recording, if the person knows the sound recording, if the person knows
or should have known that the removal or or should have known that the removal or
alteration will facilitate or conceal any alteration will facilitate or conceal any
infringement of the owner’s copyright or infringement of the owner’s copyright or
adversely affect the owner ’s right to adversely affect the owner’s right to
remuneration under section 19. remuneration under section 19.

Removal or (2) The owner of the copyright in a work, Removal or (2) The owner of the copyright in a work,
alteration of a performer’s performance fixed in a alteration of a performer’s performance fixed in a
rights sound recording or a sound recording is, rights sound recording or a sound recording is,
management subject to this Act, entitled to all remedies management subject to this Act, entitled to all remedies
information — by way of injunction, damages, information — by way of
accounts, delivery up and otherwise — injunction, damages, accounts, delivery
that are or may be conferred by law for up and otherwise — that are or may be
the infringement of copyright against a conferred by law for the infringement of
person who contravenes subsection (1). copyright against a person who
contravenes subsection (1).
Subsequent Subsequent (3) The copyright owner referred to in
(3) The copyright owner referred to in acts
acts
subsection (2) has the same remedies subsection (2) has the same remedies
against a person who, without the owner against a person who, without the owner’s
consent, knowingly does any of the
’s consent, knowingly does any of the
following acts with respect to any
following acts with respect to any
material form of the work, the
material form of the work, the performer
performer’s performance fixed in a sound
’s performance fixed in a sound recording
recording or the sound recording and
or the sound recording and knows or knows or should have known that the
should have known that the rights
management information has been rights management information has been
removed or altered in a way that would removed or altered in a way that would
give rise to a remedy under that give rise to a remedy under that
subsection:
subsection:
(a) sells it or rents it out; (a) sells it or rents it out;
(b) distributes it to an extent that the (b) distributes it to an extent that the
copyright owner is prejudicially affected; copyright owner is prejudicially affected;
(c) by way of trade, distributes it, exposes (c) by way of trade, distributes it, exposes
or offers it for sale or rental or exhibits it or offers it for sale or rental or exhibits it
in public; in public;
(d) imports it into Canada for the purpose (d) imports it into Canada for the purpose
of doing anything referred to in any of of doing anything referred to in any of
paragraphs (a) to (c); or paragraphs (a) to (c); or
(e) communicates it to the public by (e) communicates it to the public by
telecommunication. telecommunication.
Definition of (4) In this section, “rights management Definition of (4) In this section, “rights management
“rights information” means information that “rights
information” means information that
management management
information” information”

(a) is attached to or embodied in a copy of (a) is attached to or embodied in a copy of


a work, a performer ’s performance fixed a work, a performer’s performance fixed
in a sound recording, or a sound in a sound recording or a sound recording,
recording, or appears in connection with or appears in connection with its
its communication to the public by communication to the public by
telecommunication; and telecommunication; and

(b) identifies or permits the identification (b) identifies or permits the identification
of the work or its author, the performance of the work or its author, the performance
or its performer, the sound recording or its or its performer, the sound recording or its
maker or the holder of any rights in the maker or the holder of any rights in the
work, the performance or the sound work, the performance or the sound
recording, or concerns the terms or recording, or concerns the terms or
conditions of the work’s, performance’s conditions of the work’s, performance’s
or sound recording’s use. or sound recording’s use.
General Provisions General Provisions

Protection of 41.22 (1) Subject to this section, the Protection of 41.23 (1) Subject to this section, the
separate rights
owner of any copyright, or any person or separate rights owner of any copyright, or any person or
persons deriving any right, title or interest persons deriving any right, title or interest
by assignment or grant in writing from the by assignment or grant in writing from the
owner, may individually for himself or owner, may individually for himself or
herself, as a party to the proceedings in herself, as a party to the proceedings in
his or her own name, protect and enforce his or her own name, protect and enforce
any right that he or she holds, and, to the any right that he or she holds, and, to the
extent of that right, title and interest, is extent of that right, title and interest, is
entitled to the remedies provided by this entitled to the remedies provided by this
Act.
Act.
Copyright (2) If proceedings under subsection (1) Copyright (2) If proceedings under subsection (1)
owner owner to be
are taken by a person other than the are taken by a person other than the
to be made made party
party copyright owner, the copyright owner copyright owner, the copyright owner
shall be made a party to those shall be made a party to those
proceedings, except proceedings, except

(a) in the case of proceedings taken under (a) in the case of proceedings taken under
section 44.1, 44.2 or 44.4; section 44.1, 44.2 or 44.4;
(b) in the case of interlocutory (b) in the case of interlocutory
proceedings, unless the court is of the proceedings, unless the court is of the
opinion that the interests of justice require opinion that the interests of justice require
the copyright owner to be a party; and the copyright owner to be a party; and
(c) in any other case in which the court is (c) in any other case in which the court is
of the opinion that the interests of justice of the opinion that the interests of justice
do not require the copyright owner to be a do not require the copyright owner to be a
party. party.
Owner’s (3) A copyright owner who is made a Owner’s (3) A copyright owner who is made a
liability liability for
party to proceedings under subsection (2) party to proceedings under subsection (2)
for costs costs
is not liable for any costs unless the is not liable for any costs unless the
copyright owner takes part in the copyright owner takes part in the
proceedings. proceedings.

Apportionment (4) If a copyright owner is made a party to Apportionment (4) If a copyright owner is made a party to
of damages, proceedings under subsection (2), the of damages, proceedings under subsection (2), the
profits court, in awarding damages or profits, profits court, in awarding damages or profits,
shall, subject to any agreement between shall, subject to any agreement between
the person who took the proceedings and the person who took the proceedings and
the copyright owner, apportion the the copyright owner, apportion the
damages or profits referred to in damages or profits referred to in
subsection 35(1) between them as the subsection 35(1) between them as the
court considers appropriate. court considers appropriate.

Concurrent 41.23 The Federal Court has concurrent Concurrent 41.24 The Federal Court has concurrent
jurisdiction of jurisdiction with provincial courts to hear jurisdiction of
jurisdiction with provincial courts to hear
Federal Court and determine all proceedings, other than and determine all proceedings, other than
Federal Court
the prosecution of offences under sections
the prosecution of offences under sections
42 and 43, for the enforcement of a
42 and 43, for the enforcement of a
provision of this Act or of the civil
provision of this Act or of the civil
remedies provided by this Act. remedies provided by this Act.

Limitation 41.24 (1) Subject to subsection (2), a


period for civil court may not award a remedy provided
remedies by this Part unless
(a) the proceedings for the infringement
or the act giving rise to a remedy are
commenced within three years after it
occurred, in the case where the plaintiff
knew, or could reasonably have been
expected to know, of the infringement or
act at the time it occurred; or
(b) the proceedings for the infringement
or the act giving rise to a remedy are
commenced within three years after the
time when the plaintiff first knew of it or
could reasonably have been expected to
know of it, in the case where the plaintiff
did not know, and could not reasonably
have been expected to know, of the
infringement or act at the time it occurred.
Restriction (2) The court shall apply the limitation or
prescription period set out in paragraph
(1)(a) or (b) only in respect of a party who
pleads a limitation period.

PROVISIONS RESPECTING PROVIDERS OF PROVISIONS RESPECTING PROVIDERS OF


NETWORK SERVICES OR INFORMATION NETWORK SERVICES OR INFORMATION
LOCATION TOOLS LOCATION TOOLS

Notice of 41.25 (1) An owner of the copyright in a Notice of 41.25 (1) An owner of the copyright in a
claimed work or other subject-matter may send a claimed work or other subject-matter may send a
infringement notice of claimed infringement to a infringement notice of claimed infringement to a
person who provides person who provides

(a) the means, in the course of providing (a) the means, in the course of providing
services related to the operation of the services related to the operation of the
Internet or another digital network, of Internet or another digital network, of
telecommunication through which the telecommunication through which the
electronic location that is the subject of electronic location that is the subject of
the claim of infringement is connected to the claim of infringement is connected to
the Internet or another digital network; the Internet or another digital network;

(b) the digital memory referred to in (b) for the purpose set out in subsection
subsection 31.1(4) that is used for the 31.1(5), the digital memory that is used
electronic location to which the claim of for the electronic location to which the
infringement relates; or claim of infringement relates; or
(c) an information location tool as defined (c) an information location tool as defined
in subsection 41.27(3). in subsection 41.27(5).
Form and (2) A notice of claimed infringement shall Form and (2) A notice of claimed infringement shall
content of be in writing in the form, if any, content of be in writing in the form, if any,
notice
notice prescribed by regulation and shall prescribed by regulation and shall
(a) state the claimant’s name and address (a) state the claimant’s name and address
and any other particulars prescribed by and any other particulars prescribed by
regulation that enable communication regulation that enable communication
with the claimant; with the claimant;
(b) identify the work or other subject- (b) identify the work or other subject-
matter to which the claimed infringement matter to which the claimed infringement
relates; relates;
(c) state the claimant’s interest or right (c) state the claimant’s interest or right
with respect to the copyright in the work with respect to the copyright in the work
or other subject-matter; or other subject-matter;
(d) specify the location data for the (d) specify the location data for the
electronic location to which the claimed electronic location to which the claimed
infringement relates; infringement relates;
(e) specify the infringement that is (e) specify the infringement that is
claimed; claimed;
(f) specify the date and time of the (f) specify the date and time of the
commission of the claimed infringement; commission of the claimed infringement;
and and
(g) contain any other information that (g) contain any other information that
may be prescribed by regulation. may be prescribed by regulation
Obligations 41.26 (1) A person described in paragraph Obligations 41.26 (1) A person described in paragraph
related to related to
41.25(1)(a) or (b) who receives a notice of notice 41.25(1)(a) or (b) who receives a notice of
notice
claimed infringement that complies with claimed infringement that complies with
subsection 41.25(2) shall, on being paid subsection 41.25(2) shall, on being paid
any fee that the person has lawfully any fee that the person has lawfully
charged for doing so, charged for doing so,
(a) without delay forward the notice (a) without delay forward the notice
electronically to the person that the electronically to the person to whom the
electronic location identified by the electronic location identified by the
location data specified in the notice location data specified in the notice
belongs to and inform the claimant of its belongs and inform the claimant of its
forwarding or, if applicable, of the reason forwarding or, if applicable, of the reason
why it was not possible to forward it; and why it was not possible to forward it; and
(b) retain records that will allow the (b) retain records that will allow the
identity of the person to whom the identity of the person to whom the
electronic location belongs to be electronic location belongs to be
determined, and do so for six months determined, and do so for six months
beginning on the day on which the notice beginning on the day on which the notice
of claimed infringement is received or, if of claimed infringement is received or, if
the claimant commences proceedings the claimant commences proceedings
relating to the claimed infringement and relating to the claimed infringement and
so notifies the person before the end of so notifies the person before the end of
those six months, for one year after the those six months, for one year after the
day on which the person receives the day on which the person receives the
notice of claimed infringement. notice of claimed infringement.
Fees related to (2) The Minister may, by regulation, fix Fees related to (2) The Minister may, by regulation, fix
notices the maximum fee that a person may notices the maximum fee that a person may
charge for performing his or her charge for performing his or her
obligations under subsection (1). If no obligations under subsection (1). If no
maximum is fixed by regulation, the maximum is fixed by regulation, the
person may not charge any amount under person may not charge any amount under
that subsection. that subsection.
Damages Damages (3) A claimant’s only remedy against a
(3) A claimant’s only remedy against a
related
person who fails to perform his or her related person who fails to perform his or her
to notices
to notices obligations under subsection (1) is obligations under subsection (1) is
statutory damages in an amount that the statutory damages in an amount that the
court considers just, but not less than court considers just, but not less than
$5,000 and not more than $10,000. $5,000 and not more than $10,000.

Regulations — (4) The Governor in Council may, by Regulations — (4) The Governor in Council may, by
change of regulation, increase or decrease the change of
regulation, increase or decrease the
amounts minimum or maximum amount of amounts minimum or maximum amount of
statutory damages set out in subsection statutory damages set out in subsection
(3). (3).
Injunctive Injunctive 41.27 (1) In any proceedings for
41.27 (1) In any proceedings for
relief
infringement of copyright, the owner of relief infringement of copyright, the owner of
only — the copyright in a work or other subject- only — the copyright in a work or other subject-
providers of matter is not entitled, against a provider providers of matter is not entitled to any remedy other
information of an information location tool who information than an injunction against a provider of an
location tools
location tools makes a reproduction of the work or other information location tool that is found to
subject-matter or communicates that have infringed copyright by making a
reproduction to the public by reproduction of the work or other subject-
telecommunication, to any remedy other matter or by communicating that
than an injunction. reproduction to the public by
telecommunication.
Conditions for (2) Subsection (1) applies only if the Conditions for (2) Subsection (1) applies only if the
application
provider, in respect of the work or other application provider, in respect of the work or other
subject- matter, subject-matter,
(a) makes and caches the reproduction in (a) makes and caches, or does any act
an automated manner for the purpose of similar to caching, the reproduction in an
providing the information location tool; automated manner for the purpose of
providing the information location tool;
(b) communicates that reproduction to the (b) communicates that reproduction to the
public by telecommunication for the public by telecommunication for the
purpose of providing the information that purpose of providing the information that
has been located by the information has been located by the information
location tool; location tool;

(c) does not modify the reproduction; (c) does not modify the reproduction,
other
than for technical reasons;
(d) complies with any conditions relating (d) complies with any conditions relating
to the making or caching of reproductions to the making or caching, or doing of any
of the work or other subject-matter, or to act similar to caching, of reproductions of
the communication of the reproduction to the work or other subject-matter, or to the
the public by telecommunication, that communication of the reproductions to the
were established by whoever made the public by telecommunication, that were
work or other subject-matter available established by whoever made the work or
through the Internet or another digital other subject-matter available through the
Internet or another digital network and
network and that lend themselves to
that lend themselves to automated reading
automated reading and execution; and execution; and
(e) does not interfere with the lawful use (e) does not interfere with the lawful use
of technology to obtain data on the use of of technology to obtain data on the use of
the work or other subject-matter; and the work or other subject-matter.
Limitation
(f) has not received a notice of claimed (3) If the provider receives a notice of
infringement relating to the work or other claimed infringement, relating to a work
subject-matter that complies with or other subject-matter, that complies with
subsection 41.25(2). subsection 41.25(2) after the work or
other subject-matter has been removed
from the electronic location set out in the
notice, then subsection (1) applies, with
respect to reproductions made from that
electronic location, only to infringements
that occurred before the day that is 30
days — or the period that may be
prescribed by regulation — after the day
on which the provider receives the notice.
Exception (4) Subsection (1) does not apply to the
provision of the information location tool
if the provision of that tool constitutes an
infringement of copyright under
subsection 27(2.3).
Definition of (3) In this section, “information location Meaning of (5) In this section, “information location
“information tool” means any tool that makes it “information tool” means any tool that makes it
location tool” possible to locate information that is location tool” possible to locate information that is
available through the Internet or another available through the Internet or another
digital network. digital network.

32. Section 42 of the Act is amended by 48. Section 42 of the Act is amended by
adding the following after subsection adding the following after subsection
(3): (3):

Circumvention (3.1) Every person, except a person who Circumvention (3.1) Every person, except a person who
of is acting on behalf of a library, archive or of is acting on behalf of a library, archive or
technological museum or an educational institution, is technological museum or an educational institution, is
measure guilty of an offence who knowingly and protection guilty of an
measure
for commercial purposes contravenes offence who knowingly and for
section 41.1 and is liable commercial purposes contravenes section
41.1 and is liable
(a) on conviction on indictment, to a fine (a) on conviction on indictment, to a fine
not exceeding $1,000,000 or to not exceeding $1,000,000 or to
imprisonment for a term not exceeding
imprisonment for a term not exceeding five years or to both; or
five years or to both; or
(b) on summary conviction, to a fine not (b) on summary conviction, to a fine not
exceeding $25,000 or to imprisonment for exceeding $25,000 or to imprisonment for
a term not exceeding six months or to a term not exceeding six months or to
both. both.

49. The Act is amended by adding the


following after section 43:
LIMITATION OR PRESCRIPTION PERIOD

Limitation or 43.1 (1) Subject to subsection (2), a court


prescription may award a remedy for any act or
period for civil omission that has been done contrary to
remedies this Act only if
(a) the proceedings for the act or omission
giving rise to a remedy are commenced
within three years after it occurred, in the
case where the plaintiff knew, or could
reasonably have been expected to know,
of the act or omission at the time it
occurred; or
(b) the proceedings for the act or omission
giving rise to a remedy are commenced
within three years after the time when the
plaintiff first knew of it, or could
reasonably have
been expected to know of it, in the case
where the plaintiff did not know, and
could not reasonably have been expected
to know, of the act or omission at the time
it occurred.
Restriction
(2) The court shall apply the limitation or
prescription period set out in paragraph
(1)(a) or (b) only in respect of a party who
pleads a limitation period.

1997, c. 24, 33. Subsection 58(1) of the Act is 1997, c. 24, s. 50. Subsection 58(1) of the Act is
s. 34(1) replaced by the following: 34(1) replaced by the following:

Execution of 58. (1) Any assignment of a copyright, or Execution of 58. (1) Any assignment of a copyright, or
any licence granting an interest in a instruments any licence granting an interest in a
instruments
copyright, may be executed, subscribed or copyright, may be executed, subscribed or
acknowledged at any place in a treaty acknowledged at any place in a treaty
country, a Rome Convention country or a country, a Rome Convention country or a
WPPT country by the assignor, licensor or WPPT country by the signor, licensor or
secured or hypothecary debtor, before any secured or hypothecary debtor, before any
notary public, commissioner or other notary public, commissioner or other
official, or the judge of any court, who is official, or the judge of any court, who is
authorized by law to administer oaths or authorized by law to administer oaths or
certify documents in that place and who certify documents in that place and who
also subscribes their signature and affixes also subscribes their signature and affixes
to, or impresses on, the assignment or
to, or impresses on, the assignment or
licence their official seal or the seal of the
licence their official seal or the seal of the
court of which they are a judge.
court of which they are a judge.

1997, c. 24, 34. Paragraphs 62(1)(a) and (b) of the 1997, c. 24, s. 51. Paragraphs 62(1)(a) and (b) of the
s. 37(2) Act are replaced by the following: 37(2) Act are replaced by the following:

(a) for the purposes of paragraph 30.01(5) (a) for the purposes of paragraph 30.01(6)
(d), respecting measures, which may vary (d), respecting measures, which may vary
according to circumstances specified in according to circumstances specified in
the regulations; the regulations;
(b) for the purposes of paragraph 30.02(3) (b) for the purposes of paragraph 30.02(3)
(d), respecting measures, which may vary (d), respecting measures, which may vary
according to circumstances specified in according to circumstances specified in
the regulations; the regulations;
(c) prescribing the form of a notice of (c) prescribing the form of a notice of
claimed infringement referred to in claimed infringement referred to in
subsection 41.25(2) and prescribing subsection 41.25(2) and prescribing
information to be contained in it; information to
be contained in it;
(d) prescribing anything that by this Act is (d) prescribing anything that by this Act is
to be prescribed by regulation; and to be prescribed by regulation; and
(e) generally for carrying out the purposes (e) generally for carrying out the purposes
and provisions of this Act. and provisions of this Act.

1997, c. 24, 35. Subsection 67.1(4) of the Act is 1997, c. 24, s. 52. Subsection 67.1(4) of the Act is
s. 45; 2001, replaced by the following: 45; 2001, c. replaced by the following:
34, s. 35(E)
c. 34, s. 35(E)

Prohibition of (4) If a proposed tariff is not filed with Prohibition of (4) If a proposed tariff is not filed with
enforcement respect to the work, performer’s enforcement respect to the work, performer’s
performance or sound recording in performance or sound recording in
question, no action may be commenced, question, no action may be commenced,
without the written consent of the without the written consent of the
Minister, for Minister, for

(a) the infringement of the rights, referred (a) the infringement of the rights, referred
to in section 3, to perform a work in to in section 3, to perform a work in
public or to communicate it to the public public or to communicate it to the public
by telecommunication; by telecommunication;
(b) the infringement of the rights referred (b) the infringement of the rights referred
to in paragraph 15(1.1)(d) or 18(1.1)(a); to in paragraph 15(1.1)(d) or18(1.1)(a); or
or
(c) the recovery of royalties referred to in (c) the recovery of royalties referred to in
section 19. section 19.

1997, c. 24, s. 53. Subparagraph 68(2)(a)(i) of the Act


45
is replaced by the following:
(i) the tariff applies in respect of
performer’s performances and sound
recordings only in the situations referred
to in the provisions of section 20 other
than subsections 20(3) and (4),

1997, c. 24, s. 36. Subsection 68.2(2) of the Act is 1997, c. 24, s. 54. Subsection 68.2(2) of the Act is
45
45 replaced by the following: replaced by the following: 54.
Proceedings (2) No proceedings may be brought Proceedings (2) No proceedings may be brought
barred if against a person who has paid or offered barred if against a person who has paid or offered
royalties to pay the royalties specified in an royalties to pay the royalties specified in an
tendered or approved tariff for tendered or approved tariff for
paid
paid

(a) the infringement of the right to (a) the infringement of the right to
perform in public or the right to perform in public or the right to
communicate to the public by communicate to the public by
telecommunication, referred to in section telecommunication, referred to in section
3; 3;
(b) the infringement of the rights referred (b) the infringement of the rights referred
to in paragraph 15(1.1)(d) or 18(1.1)(a); to in paragraph 15(1.1)(d) or 18(1.1)(a);
or or

(c) the recovery of royalties referred to in (c) the recovery of royalties referred to in
section 19. section 19.

1997, c. 24, s. 55. Subsection 71(1) of the Act is


50
replaced by the following:
Filing of 71. (1) Each collective society that carries
proposed on the business of collecting royalties
tariffs
referred to in subsection 29.7(2) or (3) or
paragraph 31(2)(d) shall file with the
Board a proposed tariff, but no other
person may file such a tariff.

1997, c. 24, s. 56. (1) Subsection 76(2) of the Act is


50
replaced by the following:
Royalties that (2) An owner of copyright who does not
may be
authorize a collective society to collect,
recovered for that person’s benefit, royalties referred
to in subsection 29.7(2) or (3) is, if such
royalties are payable during a period
when an approved tariff that is applicable
to that kind of work or other subject-
matter is effective, entitled to be paid
those royalties by the collective society
that is
designated by the Board, of its own
motion or on application, subject to the
same conditions as those to which a
person who has so authorized that
collective society is subject.
1997, c. 24, s. (2) Subparagraphs 76(4)(b)(i) and (ii)
50
of the Act are repealed.

1997, c. 24, s. 37. Subsection 78(1) of the Act is 1997, c. 24, s. 57. Subsection 78(1) of the Act is
50
50 replaced by the following: replaced by the following:
Board may 78. (1) Subject to subsection (2), for the Board may 78. (1) Subject to subsection (2), for the
determine purposes of subsections 32.4(2), 32.5(2), determine purposes of subsections 32.4(2), 32.5(2),
compensation 33(2), 33. 1( 2) and 33. 2( 2) , the Board compensation 33(2), 33.1(2) and 33.2(2), the Board
may, on application by any of the parties may, on application by any of the parties
referred to in one of those provisions, referred to in one of those provisions,
determine the amount of the determine the amount of the
compensation referred to in that provision compensation referred to in that provision
that the Board considers reasonable, that the Board considers reasonable,
having regard to all the circumstances, having regard to all the circumstances,
including any judgment of a court in an including any judgment of a court in an
action between the parties for the action between the parties for the
enforcement of a right mentioned in enforcement of a right mentioned in
subsection 32.4(3) or 32.5(3).
subsection 32.4(3) or 32.5(3).

1997, c. 24, s. 58. Section 92 of the Act is replaced by


50 the following:
Review of Act
92. Five years after the day on which this
section comes into force and at the end of
each subsequent period of five years, a
committee of the Senate, of the House of
Commons or of both Houses of
Parliament is to be designated or
established for the purpose of reviewing
this Act.

TRANSITIONAL PROVISIONS TRANSITIONAL PROVISIONS

No revival of 38. (1) The repeal of section 10 of the No revival of 59. (1) The repeal of section 10 of the
copyright in Copyright Act by section 4 does not copyright in Copyright Act by section 6 does not
photograph have the effect of reviving copyright in photograph have the effect of reviving copyright in
any photograph in which, on the any photograph in which, on the
coming into force of that section 4, coming into force of that section 6,
copyright had expired. copyright had expired.
Cases where (2) In any case in which, immediately Cases where (2) In any case in which, immediately
corporations before the coming into force of section corporations
before the coming into force of section
4, a corporation is deemed, by virtue of were deemed 6, a corporation is deemed, by virtue of
were deemed to
to subsection 10(2) of the Copyright Act as
be authors subsection 10(2) of the Copyright Act
be authors it read before the coming into force of
as it read before the coming into force
that section 6, to be the author of a
of that section 4, to be the author of a
photograph in which copyright subsists
photograph in which copyright subsists at that time, the copyright in that
at that time, the copyright in that photograph continues to subsist for the
photograph continues to subsist for the term determined in accordance with
term determined in accordance with sections 6, 6.1, 6.2, 9, 11.1 or 12 of the
sections 6, 6.1, 6.2, 9, 11.1 or 12 of the Copyright Act as if its author were the
Copyright Act as if its author were the individual who would have been
individual who would have been considered the author of the
considered the author of the photograph apart from that subsection
photograph apart from that subsection 10(2).
10(2).
Cases where (3) In any case in which an individual is Cases where (3) In any case in which an individual is
individuals deemed to be the author of a individuals deemed to be the author of a
were were deemed
photograph by virtue of subsection photograph, by virtue of subsection
deemed to be to be authors
10(2) of the Copyright Act as it read 10(2) of the Copyright Act as it read
authors before the coming into force of section before the coming into force of section
4, the individual continues, after the 6, the individual continues, after the
coming into force of that section 4, to be coming into force of that section 6, to be
the author of that photograph for the the author of that photograph for the
purposes of the Copyright Act. purposes of the Copyright Act.

Engraving, 39. Subsection 13(2) of the Copyright Engraving, 60. Subsection 13(2) of the Copyright
photograph or Act, as it read immediately before the photograph or Act, as it read immediately before the
portrait coming into force of section 5, portrait coming into force of section 7, continues
continues to apply with respect to any to apply with respect to any engraving,
engraving, photograph or portrait the photograph or portrait the plate or
plate or original of which was original of which was commissioned
commissioned before the coming into before the coming into force of that
force of that section 5. section 7.

No revival of 40. Subsections 23(1) to (2) of the No revival of 61. Subsections 23(1) to (2) of the
copyright Copyright Act, as enacted by section 12, copyright Copyright Act, as enacted by section 17,
do not have the effect of reviving the do not have the effect of reviving the
copyright, or a right to remuneration, copyright, or a right to remuneration,
in any performer’s performance or in any performer’s performance or
sound recording in which the copyright sound recording in which the copyright
or the right to remuneration had or the right to remuneration had
expired on the coming into force of expired on the coming into force of
those subsections. those subsections.

Limitation or 62. (1) Subsection 43.1(1) of the


prescription
Copyright Act, as enacted by section 49,
period applies only to proceedings with respect
to an act or omission that occurred
after the coming into force of that
section.
Former (2) Subsection 41(1) of the Copyright
limitation or Act, as it read immediately before the
prescription
coming into force of section 47, applies
period to proceedings with respect to an
continued
infringement that occurred before the
coming into force of that section.
COMING INTO FORCE COMING INTO FORCE
Order in Order in
council 41. The provisions of this Act come into council 63. The provisions of this Act come into
force on a day or days to be fixed by force on a day or days to be fixed by
order of the Governor in Council. order of the Governor in Council.