CanadaStatute
Copyright Act (R.S.C., 1985, c. C-42)
Provisions
331 in the library
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Encryption Research", "Section 30.62 — Encryption research"]1
- Encryption research"]
Section 30.62 — Encryption research
Encryption research Subject to subsections (2) and (3), it is not an infringement of copyright for a person to reproduce a work or other subject-matter for the…
["PART VII.1Collective Administration of Copyright", "Examination of Agreements", "Section 76.1 — Examination and fixing of royalty"]1
- Examination and fixing of royalty"]
Section 76.1 — Examination and fixing of royalty
Examination and fixing of royalty The Board shall consider a request by the Commissioner to examine an agreement and may, after giving the Commissioner and the…
["PART VIICopyright Board", "Section 66.3 — Conflict of interest prohibited"]1
- Conflict of interest prohibited"]
Section 66.3 — Conflict of interest prohibited
Conflict of interest prohibited A member of the Board shall not, directly or indirectly, engage in any activity, have any interest in a business or accept or…
["PART IVRemedies", "Importation and Exportation", "Prohibition and Detention by Customs Officer", "Powers of Court Relating to Detained Copies", "Section 44.1 — Damages against copyright owner"]1
- Damages against copyright owner"]
Section 44.1 — Damages against copyright owner
Damages against copyright owner The court may award damages against the owner of copyright who commenced proceedings referred to in subsection 44.04(3) to the…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Compensation for Acts Done Before Recognition of Copyright of Performers and Broadcasters", "Section 32.5 — Certain rights and interests protected"]1
- Certain rights and interests protected"]
Section 32.5 — Certain rights and interests protected
Certain rights and interests protected Notwithstanding section 27, where a person has, before the later of the coming into force of Part II and the day on…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Security", "Section 30.63 — Security"]1
- Security"]
Section 30.63 — Security
Security Subject to subsections (2) and (3), it is not an infringement of copyright for a person to reproduce a work or other subject-matter for the sole…
["PART IXGeneral Provisions", "Section 91 — Adherence to Berne and Rome Conventions"]1
- Adherence to Berne and Rome Conventions"]
Section 91 — Adherence to Berne and Rome Conventions
Adherence to Berne and Rome Conventions The Governor in Council shall take such measures as are necessary to secure the adherence of Canada to the Convention…
["PART VII.1Collective Administration of Copyright", "Effects Related to Tariffs and Fixing of Royalty Rates", "Permitted Acts and Enforcement", "Section 73.4 — Approval of request made under section 69"]1
- Approval of request made under section 69"]
Section 73.4 — Approval of request made under section 69
Approval of request made under section 69 If the Board approves an application made under section 69 , no proceedings may be brought against a person for the…
["PART IVRemedies", "Limitation or Prescription Period", "Section 43.1 — Limitation or prescription period for civil remedies"]1
- Limitation or prescription period for civil remedies"]
Section 43.1 — Limitation or prescription period for civil remedies
Limitation or prescription period for civil remedies Subject to subsection (2), a court may award a remedy for any act or omission that has been done contrary…
["PART VII.1Collective Administration of Copyright", "Effects Related to Tariffs and Fixing of Royalty Rates", "Effects of Agreement", "Section 74 — No application"]1
- No application"]
Section 74 — No application
No application An approved tariff and any royalty rates and related terms and conditions fixed by the Board under subsection 71 (2), as well as sections 73.2…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 30.02 — Exception — digital reproduction of works"]1
- digital reproduction of works"]
Section 30.02 — Exception — digital reproduction of works
digital reproduction of works Subject to subsections (3) to (5), it is not an infringement of copyright for an educational institution that has a reprographic…
["PART IVRemedies", "Importation and Exportation", "Prohibition and Detention by Customs Officer", "Measures Relating to Detained Copies", "Section 44.03 — Provision of information by customs officer"]1
- Provision of information by customs officer"]
Section 44.03 — Provision of information by customs officer
Provision of information by customs officer A customs officer who is detaining copies of a work or other subject-matter under section 101 of the Customs Act…
["PART IVRemedies", "Civil Remedies", "Infringement of Copyright and Moral Rights", "Section 34.1 — Presumptions respecting copyright and ownership"]1
- Presumptions respecting copyright and ownership"]
Section 34.1 — Presumptions respecting copyright and ownership
Presumptions respecting copyright and ownership In any civil proceedings taken under this Act in which the defendant puts in issue either the existence of the…
General1
- ["PART IXGeneral Provisions", "— 1997, c. 24, s. 20(4)"]
["PART IXGeneral Provisions", "— 1997, c. 24, s. 20(4)"]
1997, c. 24, s. 20(4) Section 39.1 of the Copyright Act , as enacted by subsection (1) of this section, applies in respect of proceedings commenced but not…
["PART VAdministration", "Registration", "Section 56 — Copyright in subject-matter other than works"]1
- Copyright in subject-matter other than works"]
Section 56 — Copyright in subject-matter other than works
Copyright in subject-matter other than works Application for the registration of a copyright in subject-matter other than a work may be made by or on behalf of…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Moral Rights Infringement", "Section 28.2 — Nature of right of integrity"]1
- Nature of right of integrity"]
Section 28.2 — Nature of right of integrity
Nature of right of integrity The author’s or performer’s right to the integrity of a work or performer’s performance is infringed only if the work or the…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.16 — Persons with perceptual disabilities"]1
- Persons with perceptual disabilities"]
Section 41.16 — Persons with perceptual disabilities
Persons with perceptual disabilities Paragraph 41.1(1)(a) does not apply to a person with a perceptual disability, to another person acting at their request or…
["PART VIICopyright Board", "Section 66.504 — Case manager"]1
- Case manager"]
Section 66.504 — Case manager
Case manager The Chair may assign a member, officer or employee of the Board or a person engaged under subsection 66.4(3) to act as a case manager of a matter…
["PART VII.1Collective Administration of Copyright", "Tariffs", "Proposed Tariffs", "Section 68.2 — Publication and notification"]1
- Publication and notification"]
Section 68.2 — Publication and notification
or cause it to be distributed or published, on any terms and conditions that the Board sees fit — of the publication of the tariff and of the notice referred…
["PART VIICopyright Board", "Section 66.5 — Concluding matters after membership expires"]1
- Concluding matters after membership expires"]
Section 66.5 — Concluding matters after membership expires
Concluding matters after membership expires A member of the Board whose term expires may conclude the matters that the member has begun to consider. Matters…
["Interpretation", "Section 2.7 — Exclusive licence"]1
- Exclusive licence"]
Section 2.7 — Exclusive licence
Exclusive licence For the purposes of this Act, an exclusive licence is an authorization to do any act that is subject to copyright to the exclusion of all…
["PART IXGeneral Provisions", "— 1993, c. 44, ss. 75 to 77", "Section 77 — Application of section 5"]1
- Application of section 5"]
Section 77 — Application of section 5
Application of section 5 Nothing in section 5 of the Copyright Act , as amended by this Act, confers copyright on works made before the coming into force of…
General1
- ["PART IXGeneral Provisions", "— 1993, c. 44, ss. 60(2), (3)"]
["PART IXGeneral Provisions", "— 1993, c. 44, ss. 60(2), (3)"]
1993, c. 44, ss. 60(2), (3) Subject to subsection 75(2) of this Act, section 10 of the Copyright Act , as enacted by subsection (1) of this section, applies to…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Libraries, Archives and Museums", "Section 30.1 — Management and maintenance of collection"]1
- Management and maintenance of collection"]
Section 30.1 — Management and maintenance of collection
Management and maintenance of collection It is not an infringement of copyright for a library, archive or museum or a person acting under the authority of a…
["PART IVRemedies", "Provisions Respecting Providers of Network Services or Information Location Tools", "Section 41.26 — Obligations related to notice"]1
- Obligations related to notice"]
Section 41.26 — Obligations related to notice
Obligations related to notice A person described in paragraph 41.25(1)(a) or (b) who receives a notice of claimed infringement that complies with subsections…
["PART VII.2Certain Applications to Board", "Owners Who Cannot be Located", "Section 77 — Circumstances in which licence may be issued by Board"]1
- Circumstances in which licence may be issued by Board"]
Section 77 — Circumstances in which licence may be issued by Board
Circumstances in which licence may be issued by Board Where, on application to the Board by a person who wishes to obtain a licence to use a published work, a…
["Interpretation", "Section 2.11 — Definition of maker"]1
- Definition of maker"]
Section 2.11 — Definition of maker
Definition of maker For greater certainty, the arrangements referred to in paragraph (b) of the definition maker in section 2, as that term is used in section…
["PART IVRemedies", "Civil Remedies", "Infringement of Copyright and Moral Rights", "Section 38.1 — Statutory damages"]1
- Statutory damages"]
Section 38.1 — Statutory damages
Statutory damages Subject to this section, a copyright owner may elect, at any time before final judgment is rendered, to recover, instead of damages and…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Compensation for Acts Done Before Recognition of Copyright or Moral Rights", "Section 33.1 — Certain rights and interests protected"]1
- Certain rights and interests protected"]
Section 33.1 — Certain rights and interests protected
Certain rights and interests protected Despite subsections 27(1), (2) and (4) and sections 27.1, 28.1 and 28.2, if a person has, before the later of the day on…
["PART VII.1Collective Administration of Copyright", "Tariffs", "Proposed Tariffs", "Section 68.3 — Filing of objection"]1
- Filing of objection"]
Section 68.3 — Filing of objection
Filing of objection An objection to a proposed tariff may be filed with the Board by an educational institution, if the proposed tariff is filed for the…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Reciprocity", "Section 22 — Reciprocity"]1
- Reciprocity"]
Section 22 — Reciprocity
Reciprocity If the Minister is of the opinion that a country other than a Rome Convention country or a WPPT country grants or has undertaken to grant to…
["PART IVRemedies", "Importation and Exportation", "Prohibition and Detention by Customs Officer", "Prohibition", "Section 44.01 — Prohibition on importation or exportation"]1
- Prohibition on importation or exportation"]
Section 44.01 — Prohibition on importation or exportation
Prohibition on importation or exportation Copies of a work or other subject-matter in which copyright subsists shall not be imported or exported if they were…
["PART VII.1Collective Administration of Copyright", "Tariffs", "Withdrawal or Amendment of Proposed Tariff", "Section 69 — Request to withdraw or amend"]1
- Request to withdraw or amend"]
Section 69 — Request to withdraw or amend
Request to withdraw or amend A collective society may, before a proposed tariff filed by it has been approved by the Board, make an application to the Board…
["PART IVRemedies", "Provisions Respecting Providers of Network Services or Information Location Tools", "Section 41.27 — Injunctive relief only — providers of information location tools"]1
- providers of information location tools"]
Section 41.27 — Injunctive relief only — providers of information location tools
providers of information location tools In any proceedings for infringement of copyright, the owner of the copyright in a work or other subject-matter is not…
["PART IXGeneral Provisions", "— 1993, c. 44, ss. 75 to 77", "Section 75 — Application of certain amendments"]1
- Application of certain amendments"]
Section 75 — Application of certain amendments
Application of certain amendments Subject to subsection (2), amendments to the Copyright Act made by this Act relating to the term of copyright apply in…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Fixing Signals and Recording Programs for Later Listening or Viewing", "Section 29.23 — Reproduction for later listening or viewing"]1
- Reproduction for later listening or viewing"]
Section 29.23 — Reproduction for later listening or viewing
Reproduction for later listening or viewing It is not an infringement of copyright for an individual to fix a communication signal, to reproduce a work or…
["PART VIIIPrivate Copying", "Distribution of Levies Paid", "Section 84 — Distribution by collecting body"]1
- Distribution by collecting body"]
Section 84 — Distribution by collecting body
Distribution by collecting body As soon as practicable after receiving the levies paid to it, the collecting body shall distribute the levies to the collective…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Compensation for Acts Done Before Recognition of Copyright of Performers and Broadcasters", "Section 32.6 — Certain rights and interests protected"]1
- Certain rights and interests protected"]
Section 32.6 — Certain rights and interests protected
Certain rights and interests protected Despite sections 27, 28.1 and 28.2, if a person has, before the day on which subsection 15(1.1), 17.1(1) or 18(1.1)…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Retransmission", "Section 31 — Interpretation"]1
- Interpretation"]
Section 31 — Interpretation
only by reason of the Exemption order for digital media broadcasting undertakings , issued by the Canadian Radio-television and Telecommunications Commission…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.12 — Interoperability"]1
- Interoperability"]
Section 41.12 — Interoperability
Interoperability Paragraph 41.1 (1)(a) does not apply to a person who circumvents a technological protection measure that protects a lawfully obtained computer…
["PART VIIIPrivate Copying", "Interpretation", "Section 79 — Definitions"]1
- Definitions"]
Section 79 — Definitions
Definitions In this Part, audio recording medium means a recording medium, regardless of its material form, onto which a sound recording may be reproduced and…
["PART ICopyright and Moral Rights in Works", "Ownership of Copyright", "Section 14 — Limitation where author is first owner of copyright"]1
- Limitation where author is first owner of copyright"]
Section 14 — Limitation where author is first owner of copyright
Limitation where author is first owner of copyright Where the author of a work is the first owner of the copyright therein, no assignment of the copyright and…
["PART IVRemedies", "Importation and Exportation", "Prohibition and Detention by Customs Officer", "Measures Relating to Detained Copies", "Section 44.04 — Provision of information to pursue remedy"]1
- Provision of information to pursue remedy"]
Section 44.04 — Provision of information to pursue remedy
Provision of information to pursue remedy A customs officer who is detaining copies of a work or other subject-matter under section 101 of the Customs Act and…
["PART VIIIPrivate Copying", "Distribution of Levies Paid", "Section 85 — Reciprocity"]1
- Reciprocity"]
Section 85 — Reciprocity
Reciprocity Where the Minister is of the opinion that another country grants or has undertaken to grant to performers and makers of sound recordings that are…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.22 — Prohibition — rights management information"]1
- rights management information"]
Section 41.22 — Prohibition — rights management information
rights management information No person shall knowingly remove or alter any rights management information in electronic form without the consent of the owner…
["PART VIMiscellaneous Provisions", "Clerical Errors", "Section 61 — Clerical errors do not invalidate"]1
- Clerical errors do not invalidate"]
Section 61 — Clerical errors do not invalidate
Clerical errors do not invalidate Clerical errors in any instrument of record in the Copyright Office do not invalidate the instrument, but they may be…
["PART VIMiscellaneous Provisions", "Industrial Designs and Topographies", "Section 64.1 — Non-infringement re useful article features"]1
- Non-infringement re useful article features"]
Section 64.1 — Non-infringement re useful article features
Non-infringement re useful article features The following acts do not constitute an infringement of the copyright or moral rights in a work: applying to a…
["PART IVRemedies", "Civil Remedies", "Infringement of Copyright and Moral Rights", "Section 40 — No injunction in case of a building"]1
- No injunction in case of a building"]
Section 40 — No injunction in case of a building
No injunction in case of a building Where the construction of a building or other structure that infringes or that, if completed, would infringe the copyright…
["PART VIIIPrivate Copying", "Levy on Blank Audio Recording Media", "Section 83 — Filing of proposed tariffs"]1
- Filing of proposed tariffs"]
Section 83 — Filing of proposed tariffs
Filing of proposed tariffs Subject to subsection (14), each collective society may file with the Board a proposed tariff for the benefit of those eligible…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Provisions Applicable to both Performers and Sound Recording Makers", "Section 19.2 — Deemed publication — WPPT country"]1
- WPPT country"]
Section 19.2 — Deemed publication — WPPT country
WPPT country Despite subsection 2.2(1), a sound recording that has been made available to the public by telecommunication in a way that allows a member of the…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Compensation for Acts Done Before Recognition of Copyright or Moral Rights", "Section 33 — Certain rights and interests protected"]1
- Certain rights and interests protected"]
Section 33 — Certain rights and interests protected
Certain rights and interests protected Despite subsections 27(1), (2) and (4) and sections 27.1, 28.1 and 28.2, if a person has, before the later of January 1…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Reproduction for Private Purposes", "Section 29.22 — Reproduction for private purposes"]1
- Reproduction for private purposes"]
Section 29.22 — Reproduction for private purposes
Reproduction for private purposes It is not an infringement of copyright for an individual to reproduce a work or other subject-matter or any substantial part…
["PART VIICopyright Board", "Section 66.502 — Informal and expeditious"]1
- Informal and expeditious"]
Section 66.502 — Informal and expeditious
Informal and expeditious All matters before the Board shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness…
["PART VIICopyright Board", "Section 66 — Establishment"]1
- Establishment"]
Section 66 — Establishment
Establishment There is established a Board to be known as the Copyright Board, consisting of not more than five members, including a Chair and a Vice-chair, to…
General1
- ["PART IXGeneral Provisions", "— 1993, c. 44, ss. 60(2), (3)"]
["PART IXGeneral Provisions", "— 1993, c. 44, ss. 60(2), (3)"]
1993, c. 44, ss. 60(2), (3) Except as provided by section 75 of this Act, section 11 of the Copyright Act , as enacted by subsection (1) of this section…
["PART IVRemedies", "Criminal Remedies", "Section 43 — Infringement in case of dramatic, operatic or musical work"]1
- Infringement in case of dramatic, operatic or musical work"]
Section 43 — Infringement in case of dramatic, operatic or musical work
Infringement in case of dramatic, operatic or musical work Any person who, without the written consent of the owner of the copyright or of the legal…
["Interpretation", "Section 2.6 — Exclusive distributor"]1
- Exclusive distributor"]
Section 2.6 — Exclusive distributor
Exclusive distributor The Governor in Council may make regulations establishing distribution criteria for the purpose of paragraph (b) of the definition…
["PART ICopyright and Moral Rights in Works", "Term of Copyright", "Section 6 — Term of copyright"]1
- Term of copyright"]
Section 6 — Term of copyright
Term of copyright Except as otherwise expressly provided by this Act, the term for which copyright subsists is the life of the author, the remainder of the…
["PART IXGeneral Provisions", "— 2018, c. 27, s. 301", "Section 301 — Subsection 67.1(4)"]1
- Subsection 67.1(4)"]
Section 301 — Subsection 67.1(4)
Subsection 67.1(4) Subsection 67.1(4) of the Copyright Act , as it read immediately before the day on which this section comes into force, continues to apply…
["PART VII.1Collective Administration of Copyright", "Tariffs", "Proposed Tariffs", "Section 68 — Filing"]1
- Filing"]
Section 68 — Filing
Filing A proposed tariff must be filed no later than October 15 of the second calendar year before the calendar year in which the proposed tariff is to take…
["PART VIICopyright Board", "Section 66.91 — Regulations"]1
- Regulations"]
Section 66.91 — Regulations
Regulations The Governor in Council may make regulations issuing policy directions to the Board and establishing general criteria to be applied by the Board or…
["Interpretation", "Section 2 — Definitions"]1
- Definitions"]
Section 2 — Definitions
Definitions In this Act, architectural work means any building or structure or any model of a building or structure; ( oeuvre architecturale ) architectural…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Computer Programs", "Section 30.61 — Interoperability of computer programs"]1
- Interoperability of computer programs"]
Section 30.61 — Interoperability of computer programs
Interoperability of computer programs It is not an infringement of copyright in a computer program for a person who owns a copy of the computer program that is…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 30 — Literary collections"]1
- Literary collections"]
Section 30 — Literary collections
Literary collections The publication in a collection, mainly composed of non-copyright matter, intended for the use of educational institutions, and so…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Persons with Perceptual Disabilities", "Section 32.02 — Definition of non-profit organization"]1
- Definition of non-profit organization"]
Section 32.02 — Definition of non-profit organization
Definition of non-profit organization In sections 32 and 32.01, non-profit organization includes a department, agency or other portion of any order of…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.13 — Encryption research"]1
- Encryption research"]
Section 41.13 — Encryption research
Encryption research Paragraph 41.1(1)(a) does not apply to a person who, for the purposes of encryption research, circumvents a technological protection…
["PART IXGeneral Provisions", "— 2022, c. 10, s. 280", "Section 280 — No revival of copyright"]1
- No revival of copyright"]
Section 280 — No revival of copyright
No revival of copyright Section 6, subsections 6.2(2) and 7(1) and (3) and section 9 of the Copyright Act , as enacted by sections 276 to 279 , do not have the…
["PART IVRemedies", "Civil Remedies", "Infringement of Copyright and Moral Rights", "Section 38 — Recovery of possession of copies, plates"]1
- Recovery of possession of copies, plates"]
Section 38 — Recovery of possession of copies, plates
Recovery of possession of copies, plates Subject to subsection (2), the owner of the copyright in a work or other subject-matter may recover possession of all…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 29.5 — Performances"]1
- Performances"]
Section 29.5 — Performances
Performances It is not an infringement of copyright for an educational institution or a person acting under its authority to do the following acts if they are…
["PART IVRemedies", "Importation and Exportation", "Interpretation", "Section 44 — Definitions"]1
- Definitions"]
Section 44 — Definitions
Definitions The following definitions apply in sections 44.02 to 44.4. court means the Federal Court or the superior court of a province. ( tribunal ) customs…
["PART VII.1Collective Administration of Copyright", "Effects Related to Tariffs and Fixing of Royalty Rates", "Permitted Acts and Enforcement", "Section 73.5 — Effect of fixing of royalties"]1
- Effect of fixing of royalties"]
Section 73.5 — Effect of fixing of royalties
Effect of fixing of royalties If any royalties or related terms and conditions are fixed under subsection 71 (2) in respect of a person, the person may, during…
["PART ICopyright and Moral Rights in Works", "Moral Rights", "Section 14.2 — Term"]1
- Term"]
Section 14.2 — Term
Term Moral rights in respect of a work subsist for the same term as the copyright in the work. The moral rights in respect of a work pass, on the death of its…
["PART IXGeneral Provisions", "— 2012, c. 20, s. 60", "Section 60 — Engraving, photograph or portrait"]1
- Engraving, photograph or portrait"]
Section 60 — Engraving, photograph or portrait
Engraving, photograph or portrait Subsection 13(2) of the Copyright Act , as it read immediately before the coming into force of section 7 , continues to apply…
["PART IXGeneral Provisions", "— R.S., 1985, c. 10 (4th Supp.), ss. 23 to 26", "Section 23 — Application re moral rights"]1
- Application re moral rights"]
Section 23 — Application re moral rights
Application re moral rights The rights referred to in section 14.1 of the Copyright Act , as enacted by section 4, subsist in respect of a work even if the…
["PART VIICopyright Board", "Section 66.1 — Duties of Chair"]1
- Duties of Chair"]
Section 66.1 — Duties of Chair
Duties of Chair The Chair shall direct the work of the Board and apportion its work among its members. If the Chair is absent or incapacitated or if the office…
["PART VAdministration", "Copyright Office", "Section 52 — Control of business and officials"]1
- Control of business and officials"]
Section 52 — Control of business and officials
Control of business and officials The Commissioner of Patents shall, subject to the Minister, oversee and direct the officers, clerks and employees of the…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.18 — Radio apparatus"]1
- Radio apparatus"]
Section 41.18 — Radio apparatus
Radio apparatus Paragraph 41.1(1)(a) does not apply to a person who circumvents a technological protection measure on a radio apparatus for the sole purpose of…
["PART IVRemedies", "Importation and Exportation", "Court-ordered Detention", "Section 45 — Exceptions"]1
- Exceptions"]
Section 45 — Exceptions
Exceptions Notwithstanding anything in this Act, it is lawful for a person to import for their own use not more than two copies of a work or other…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Compensation for Acts Done Before Recognition of Copyright or Moral Rights", "Section 33.2 — Certain rights and interests protected"]1
- Certain rights and interests protected"]
Section 33.2 — Certain rights and interests protected
Certain rights and interests protected Despite subsections 27(1), (2) and (4) and sections 27.1, 28.1 and 28.2, if a person has, before the later of the day on…
["PART VII.1Collective Administration of Copyright", "Effects Related to Tariffs and Fixing of Royalty Rates", "Permitted Acts and Enforcement", "Section 73.1 — Order — compliance with terms and conditions"]1
- compliance with terms and conditions"]
Section 73.1 — Order — compliance with terms and conditions
compliance with terms and conditions Without prejudice to any other remedies available to it, the collective society concerned may apply to a court of…
["PART VIICopyright Board", "Section 66.501 — Fair and equitable"]1
- Fair and equitable"]
Section 66.501 — Fair and equitable
Fair and equitable The Board shall fix royalty and levy rates and any related terms and conditions under this Act that are fair and equitable, in consideration…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Ownership of Copyright", "Section 24 — Ownership of copyright"]1
- Ownership of copyright"]
Section 24 — Ownership of copyright
Ownership of copyright The first owner of the copyright in a performer’s performance, is the performer; in a sound recording, is the maker; or in a…
["PART ICopyright and Moral Rights in Works", "Term of Copyright", "Section 6.1 — Anonymous and pseudonymous works"]1
- Anonymous and pseudonymous works"]
Section 6.1 — Anonymous and pseudonymous works
Anonymous and pseudonymous works Except as provided in section 6.2 and in subsection (2), where the identity of the author of a work is unknown, copyright in…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Infringement of Copyright", "Parallel Importation of Books", "Section 27.1 — Importation of books"]1
- Importation of books"]
Section 27.1 — Importation of books
Importation of books Subject to any regulations made under subsection (6), it is an infringement of copyright in a book for any person to import the book where…
["PART IVRemedies", "Civil Remedies", "General Provisions", "Section 41.24 — Concurrent jurisdiction of Federal Court"]1
- Concurrent jurisdiction of Federal Court"]
Section 41.24 — Concurrent jurisdiction of Federal Court
Concurrent jurisdiction of Federal Court The Federal Court has concurrent jurisdiction with provincial courts to hear and determine all proceedings, other than…
["PART IXGeneral Provisions", "— 1993, c. 44, ss. 75 to 77", "Section 76 — Cinematographs"]1
- Cinematographs"]
Section 76 — Cinematographs
Cinematographs Except as provided by subsection (2) of this section, the Copyright Act , as amended by this Act, applies in respect of all cinematographs…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Fair Dealing", "Section 29.1 — Criticism or review"]1
- Criticism or review"]
Section 29.1 — Criticism or review
Criticism or review Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned: the source; and if given in…
General1
- ["PART IXGeneral Provisions", "— 1997, c. 24, ss. 54 to 58.1", "Section 54.1"]
Section 54.1
Section 54.1 Section 6 of the Copyright Act applies to a photograph in which copyright subsists on the date of the coming into force of this section, if the…
["Interpretation", "Section 2.4 — Communication to the public by telecommunication"]1
- Communication to the public by telecommunication"]
Section 2.4 — Communication to the public by telecommunication
Communication to the public by telecommunication For the purposes of communication to the public by telecommunication, persons who occupy apartments, hotel…
["PART IVRemedies", "Importation and Exportation", "Court-ordered Detention", "Section 44.2 — Importation of books"]1
- Importation of books"]
Section 44.2 — Importation of books
Importation of books A court may, subject to this section, make an order described in subsection 44.12(3) in relation to a book where the court is satisfied…
["PART VAdministration", "Registration", "Section 58 — Execution of instruments"]1
- Execution of instruments"]
Section 58 — Execution of instruments
Execution of instruments Any assignment of a copyright, or any licence granting an interest in a copyright, may be executed, subscribed or acknowledged at any…
["PART ICopyright and Moral Rights in Works", "Term of Copyright", "Section 7 — Term of copyright in certain posthumous works"]1
- Term of copyright in certain posthumous works"]
Section 7 — Term of copyright in certain posthumous works
or, in the case of a work of joint authorship, at or immediately before the date of the death of the author who dies last — but which has not been published…
["PART VII.1Collective Administration of Copyright", "Fixing of Royalty Rates in Individual Cases", "Section 71.1 — Agreement"]1
- Agreement"]
Section 71.1 — Agreement
Agreement The Board shall not proceed with an application under section 71 in respect of any matter in issue on which an agreement has been reached, if a…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Ephemeral Recordings", "Section 30.8 — Ephemeral recordings"]1
- Ephemeral recordings"]
Section 30.8 — Ephemeral recordings
Ephemeral recordings It is not an infringement of copyright for a programming undertaking to fix or reproduce in accordance with this section a performer’s…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Performers’ Rights", "Copyright", "Section 16 — Contractual arrangements"]1
- Contractual arrangements"]
Section 16 — Contractual arrangements
Contractual arrangements Nothing in section 15 prevents the performer from entering into a contract governing the use of the performer’s performance for the…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 29.7 — Reproduction of broadcast"]1
- Reproduction of broadcast"]
Section 29.7 — Reproduction of broadcast
Reproduction of broadcast Subject to subsection (2) and section 29.9, it is not an infringement of copyright for an educational institution or a person acting…
["PART IVRemedies", "Importation and Exportation", "Prohibition and Detention by Customs Officer", "Request for Assistance", "Section 44.02 — Request for assistance"]1
- Request for assistance"]
Section 44.02 — Request for assistance
Request for assistance The owner of copyright in a work or other subject-matter may file with the Minister, in the form and manner specified by the Minister, a…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Performers’ Rights", "Moral Rights", "Section 17.1 — Moral rights"]1
- Moral rights"]
Section 17.1 — Moral rights
Moral rights In the cases referred to in subsections 15(2.1) and (2.2), a performer of a live aural performance or a performance fixed in a sound recording…
["PART VIICopyright Board", "Section 66.71 — Distribution, publication of notices"]1
- Distribution, publication of notices"]
Section 66.71 — Distribution, publication of notices
Distribution, publication of notices Independently of any other provision of this Act relating to the distribution or publication of information or documents…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.121 — Diagnosis, maintenance and repair"]1
- Diagnosis, maintenance and repair"]
Section 41.121 — Diagnosis, maintenance and repair
Diagnosis, maintenance and repair Paragraph 41.1(1)(a) does not apply to a person who circumvents a technological protection measure for the sole purpose of…
["PART IVRemedies", "Civil Remedies", "Infringement of Copyright and Moral Rights", "Section 39 — Injunction only remedy when defendant not aware of copyright"]1
- Injunction only remedy when defendant not aware of copyright"]
Section 39 — Injunction only remedy when defendant not aware of copyright
Injunction only remedy when defendant not aware of copyright Subject to subsection (2), in any proceedings for infringement of copyright, the plaintiff is not…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Compensation for Acts Done Before Recognition of Copyright of Performers and Broadcasters", "Section 32.4 — Certain rights and interests protected"]1
- Certain rights and interests protected"]
Section 32.4 — Certain rights and interests protected
Certain rights and interests protected Notwithstanding section 27, where a person has, before the later of January 1, 1996 and the day on which a country…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Rights of Broadcasters", "Section 21 — Copyright in communication signals"]1
- Copyright in communication signals"]
Section 21 — Copyright in communication signals
Copyright in communication signals Subject to subsection (2), a broadcaster has a copyright in the communication signals that it broadcasts, consisting of the…
["PART VIIIPrivate Copying", "Levy on Blank Audio Recording Media", "Section 82 — Liability to pay levy"]1
- Liability to pay levy"]
Section 82 — Liability to pay levy
Liability to pay levy Every person who, for the purpose of trade, manufactures a blank audio recording medium in Canada or imports a blank audio recording…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Infringement of Copyright", "General", "Section 27 — Infringement generally"]1
- Infringement generally"]
Section 27 — Infringement generally
Infringement generally It is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that by this Act…
["PART IXGeneral Provisions", "Section 90 — Interpretation"]1
- Interpretation"]
Section 90 — Interpretation
Interpretation No provision of this Act relating to copyright in performer’s performances, sound recordings or communication signals, or the right of…
["PART ICopyright and Moral Rights in Works", "Moral Rights", "Section 14.1 — Moral rights"]1
- Moral rights"]
Section 14.1 — Moral rights
Moral rights The author of a work has, subject to section 28.2, the right to the integrity of the work and, in connection with an act mentioned in section 3…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Interpretation", "Section 32.3 — No right to equitable remuneration"]1
- No right to equitable remuneration"]
Section 32.3 — No right to equitable remuneration
No right to equitable remuneration For the purposes of sections 29 to 32.2, an act that does not infringe copyright does not give rise to a right to…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 30.04 — Work available through Internet"]1
- Work available through Internet"]
Section 30.04 — Work available through Internet
Work available through Internet Subject to subsections (2) to (5), it is not an infringement of copyright for an educational institution, or a person acting…
["PART VII.1Collective Administration of Copyright", "Effects Related to Tariffs and Fixing of Royalty Rates", "Permitted Acts and Enforcement", "Section 73.3 — Proceedings barred — tariff"]1
- tariff"]
Section 73.3 — Proceedings barred — tariff
tariff No proceedings may be brought against a person for the infringement of a right with respect to an act referred to in section 3, 15, 18 or 21 if the…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Performers’ Rights", "Copyright", "Section 17 — Cinematographic works"]1
- Cinematographic works"]
Section 17 — Cinematographic works
Cinematographic works Where the performer authorizes the embodiment of the performer’s performance in a cinematographic work, the performer may no longer…
General1
- ["PART IXGeneral Provisions", "— 1997, c. 24, ss. 54 to 58.1", "Section 56"]
Section 56
Section 56 Nothing in this Act shall be construed as diminishing the right conferred by section 14.01 of the Copyright Act as that section read immediately…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Performers’ Rights — WTO Countries", "Section 26 — Performer’s performance in WTO country"]1
- Performer’s performance in WTO country"]
Section 26 — Performer’s performance in WTO country
Performer’s performance in WTO country Where a performer’s performance takes place on or after January 1, 1996 in a country that is a WTO Member, the performer…
General1
- ["PART IXGeneral Provisions", "— 2023, c. 8, ss. 40(2) to (4)", "Section 40"]
Section 40
Section 40 The definition new media retransmitter in subsection 31(1) of the Act is repealed. The definition retransmitter in subsection 31(1) of the Act is…
["PART VAdministration", "Registration", "Section 56.1 — Recovery of damages"]1
- Recovery of damages"]
Section 56.1 — Recovery of damages
Recovery of damages Where a person purports to have the authority to apply for the registration of a copyright under section 55 or 56 on behalf of another…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Provisions Applicable to both Performers and Sound Recording Makers", "Section 19 — Right to remuneration — Canada"]1
- Canada"]
Section 19 — Right to remuneration — Canada
Canada If a sound recording has been published, the performer and maker are entitled, subject to subsection 20 (1), to be paid equitable remuneration for its…
["PART VII.1Collective Administration of Copyright", "Tariffs", "Approval of Tariffs", "Section 70.1 — Publication of approved tariff"]1
- Publication of approved tariff"]
Section 70.1 — Publication of approved tariff
Publication of approved tariff The Board shall publish the approved tariff in the Canada Gazette and provide a copy of it, together with the reasons for the…
["PART VIICopyright Board", "Section 66.52 — Variation of decisions"]1
- Variation of decisions"]
Section 66.52 — Variation of decisions
Variation of decisions A decision of the Board respecting royalties or their related terms and conditions that is made under subsection 70(1), 71(2), 76.1(1)…
["PART IXGeneral Provisions", "— 2018, c. 27, s. 299", "Section 299 — Paragraphs 66.501(a) and (b)"]1
- Paragraphs 66.501(a) and (b)"]
Section 299 — Paragraphs 66.501(a) and (b)
Paragraphs 66.501(a) and (b) The Copyright Board is not required to consider the criteria set out in paragraphs 66.501(a) and (b) of the Copyright Act , as…
["PART VIMiscellaneous Provisions", "Industrial Designs and Topographies", "Section 64 — Interpretation"]1
- Interpretation"]
Section 64 — Interpretation
Interpretation In this section and section 64.1, article means any thing that is made by hand, tool or machine; ( objet ) design means features of shape…
["PART ICopyright and Moral Rights in Works", "Term of Copyright", "Section 9 — Cases of joint authorship"]1
- Cases of joint authorship"]
Section 9 — Cases of joint authorship
Cases of joint authorship In the case of a work of joint authorship, except as provided in section 6.2 or subsection 7(1) or (3), copyright subsists during the…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.14 — Personal information"]1
- Personal information"]
Section 41.14 — Personal information
Personal information Paragraph 41.1(1)(a) does not apply to a person who circumvents a technological protection measure if the work, performer’s performance…
["PART VAdministration", "Registration", "Section 55 — Copyright in works"]1
- Copyright in works"]
Section 55 — Copyright in works
Copyright in works Application for the registration of a copyright in a work may be made by or on behalf of the author of the work, the owner of the copyright…
["PART IVRemedies", "Importation and Exportation", "Court-ordered Detention", "Section 44.12 — Power of court"]1
- Power of court"]
Section 44.12 — Power of court
Power of court A court may make an order described in subsection (3) if the court is satisfied that copies of the work are about to be imported into Canada, or…
["PART VII.1Collective Administration of Copyright", "Effects Related to Tariffs and Fixing of Royalty Rates", "Permitted Acts and Enforcement", "Section 73 — Effect of fixing royalties"]1
- Effect of fixing royalties"]
Section 73 — Effect of fixing royalties
Effect of fixing royalties Without prejudice to any other remedies available to it, the collective society concerned may collect the royalties specified in an…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.11 — Law enforcement and national security"]1
- Law enforcement and national security"]
Section 41.11 — Law enforcement and national security
Law enforcement and national security Paragraph 41.1(1)(a) does not apply if a technological protection measure is circumvented for the purposes of an…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Provisions Applicable to both Performers and Sound Recording Makers", "Section 20 — Conditions — Canada"]1
- Canada"]
Section 20 — Conditions — Canada
Canada The right to remuneration conferred by subsection 19 (1) applies only if the maker was, at the date of the first fixation, a Canadian citizen or…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.17 — Broadcasting undertakings"]1
- Broadcasting undertakings"]
Section 41.17 — Broadcasting undertakings
Broadcasting undertakings Paragraph 41.1(1)(a) does not apply to a broadcasting undertaking that circumvents a technological protection measure for the sole…
["PART VII.1Collective Administration of Copyright", "Tariffs", "Withdrawal or Amendment of Proposed Tariff", "Section 69.1 — Approval by Board"]1
- Approval by Board"]
Section 69.1 — Approval by Board
Approval by Board The Board shall approve an application made under section 69 if it is satisfied that the collective society has provided sufficient public…
["PART ICopyright and Moral Rights in Works", "Works in which Copyright may Subsist", "Section 5 — Conditions for subsistence of copyright"]1
- Conditions for subsistence of copyright"]
Section 5 — Conditions for subsistence of copyright
Conditions for subsistence of copyright Subject to this Act, copyright shall subsist in Canada, for the term hereinafter mentioned, in every original literary…
["PART IVRemedies", "Provisions Respecting Providers of Network Services or Information Location Tools", "Section 41.25 — Notice of claimed infringement"]1
- Notice of claimed infringement"]
Section 41.25 — Notice of claimed infringement
Notice of claimed infringement An owner of the copyright in a work or other subject-matter may send a notice of claimed infringement to a person who provides…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.1 — Prohibition"]1
- Prohibition"]
Section 41.1 — Prohibition
Prohibition No person shall circumvent a technological protection measure within the meaning of paragraph (a) of the definition technological protection…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Rights of Sound Recording Makers", "Section 18 — Copyright in sound recordings"]1
- Copyright in sound recordings"]
Section 18 — Copyright in sound recordings
Copyright in sound recordings Subject to subsection (2), the maker of a sound recording has a copyright in the sound recording, consisting of the sole right to…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 29.9 — Records and marking"]1
- Records and marking"]
Section 29.9 — Records and marking
Records and marking Where an educational institution or person acting under its authority makes a copy of a work or other subject-matter communicated to the…
["PART IVRemedies", "Civil Remedies", "General Provisions", "Section 41.23 — Protection of separate rights"]1
- Protection of separate rights"]
Section 41.23 — Protection of separate rights
Protection of separate rights Subject to this section, the owner of any copyright, or any person or persons deriving any right, title or interest by assignment…
["PART VII.1Collective Administration of Copyright", "Claim by Copyright Owner — Particular Royalties", "Section 75 — Claims by non-members"]1
- Claims by non-members"]
Section 75 — Claims by non-members
Claims by non-members An owner of copyright who does not authorize a collective society to collect, for that person’s benefit, royalties referred to in…
["Interpretation", "Section 2.3 — Telecommunication"]1
- Telecommunication"]
Section 2.3 — Telecommunication
Telecommunication A person who communicates a work or other subject-matter to the public by telecommunication does not by that act alone perform it in public…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Persons with Perceptual Disabilities", "Section 32.01 — Print disability — outside Canada"]1
- outside Canada"]
Section 32.01 — Print disability — outside Canada
outside Canada Subject to this section, it is not an infringement of copyright for a non-profit organization acting for the benefit of persons with a print…
["PART IXGeneral Provisions", "— R.S., 1985, c. 10 (4th Supp.), ss. 23 to 26", "Section 25 — Making of records, perforated rolls, etc."]1
- Making of records, perforated rolls, etc."]
Section 25 — Making of records, perforated rolls, etc.
Making of records, perforated rolls, etc. It shall be deemed not to be an infringement of copyright in any musical, literary or dramatic work for any person to…
["PART IXGeneral Provisions", "— 2012, c. 20, s. 61", "Section 61 — No revival of copyright"]1
- No revival of copyright"]
Section 61 — No revival of copyright
No revival of copyright Subsections 23(1) to (2) of the Copyright Act , as enacted by section 17 , do not have the effect of reviving the copyright, or a right…
["PART IVRemedies", "Importation and Exportation", "Prohibition and Detention by Customs Officer", "Measures Relating to Detained Copies", "Section 44.07 — Liability for charges"]1
- Liability for charges"]
Section 44.07 — Liability for charges
and, if applicable, for the charges for destroying them — for the period beginning on the day after the day on which a customs officer first sends or makes…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Incidental Inclusion", "Section 30.7 — Incidental use"]1
- Incidental use"]
Section 30.7 — Incidental use
Incidental use It is not an infringement of copyright to incidentally and not deliberately include a work or other subject-matter in another work or other…
["PART IXGeneral Provisions", "— R.S., 1985, c. 10 (4th Supp.), ss. 23 to 26", "Section 24 — Application re computer programs"]1
- Application re computer programs"]
Section 24 — Application re computer programs
Application re computer programs Subsection 1(2), the definition computer program in subsection 1(3) and section 5 apply in respect of a computer program that…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Provisions Applicable to both Performers and Sound Recording Makers", "Section 19.1 — Deemed publication — Canada"]1
- Canada"]
Section 19.1 — Deemed publication — Canada
Canada Despite subsection 2.2(1), a sound recording that has been made available to the public by telecommunication in a way that allows a member of the public…
General1
- ["PART IXGeneral Provisions", "— 1997, c. 24, s. 18(2)"]
["PART IXGeneral Provisions", "— 1997, c. 24, s. 18(2)"]
1997, c. 24, s. 18(2) Section 30 of the Act, as enacted by subsection (1) of this section, does not apply in respect of collections referred to in section 30…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 30.03 — Royalties — digital reproduction agreement"]1
- digital reproduction agreement"]
Section 30.03 — Royalties — digital reproduction agreement
digital reproduction agreement If an educational institution has paid royalties to a collective society for the digital reproduction of a work under paragraph…
General1
- ["PART IXGeneral Provisions", "— 1997, c. 24, ss. 54 to 58.1", "Section 57"]
Section 57
Section 57 For greater certainty, the amendments to the Copyright Act that eliminate references to “British subject” and “Her Majesty’s Realms and Territories”…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Ownership of Copyright", "Section 25 — Assignment of rights"]1
- Assignment of rights"]
Section 25 — Assignment of rights
Assignment of rights Subsections 13(4) to (7) apply, with such modifications as the circumstances require, in respect of the rights conferred by this Part on…
["Interpretation", "Section 2.5 — What constitutes rental"]1
- What constitutes rental"]
Section 2.5 — What constitutes rental
What constitutes rental For the purposes of paragraphs 3(1)(h) and (i), 15(1)(c) and 18(1)(c), an arrangement, whatever its form, constitutes a rental of a…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Network Services", "Section 31.1 — Network services"]1
- Network services"]
Section 31.1 — Network services
Network services A person who, in providing services related to the operation of the Internet or another digital network, provides any means for the…
["PART IVRemedies", "Civil Remedies", "Infringement of Copyright and Moral Rights", "Section 39.1 — Wide injunction"]1
- Wide injunction"]
Section 39.1 — Wide injunction
Wide injunction When granting an injunction in respect of an infringement of copyright in a work or other subject-matter, the court may further enjoin the…
["PART IXGeneral Provisions", "— 2020, c. 1, s. 34", "Section 34 — No revival of copyright"]1
- No revival of copyright"]
Section 34 — No revival of copyright
No revival of copyright Sections 6.1, 6.2 and 11.1, paragraphs 23(1)(a) and (b) and subsection 23(1.1) of the Copyright Act , as enacted by sections 24 , 26…
["PART IVRemedies", "Importation and Exportation", "Prohibition and Detention by Customs Officer", "Measures Relating to Detained Copies", "Section 44.06 — Inspection"]1
- Inspection"]
Section 44.06 — Inspection
Inspection After a sample or information has been provided under subsection 44.04(1), a customs officer may, in the officer’s discretion, give the owner…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41 — Definitions"]1
- Definitions"]
Section 41 — Definitions
Definitions The following definitions apply in this section and in sections 41.1 to 41.21. circumvent means, in respect of a technological protection measure…
["Short Title", "Section 1 — Short title"]1
- Short title"]
Section 1 — Short title
Short title This Act may be cited as the Copyright Act .
["PART IVRemedies", "Importation and Exportation", "Prohibition and Detention by Customs Officer", "Powers of Court Relating to Detained Copies", "Section 44.09 — Application to court"]1
- Application to court"]
Section 44.09 — Application to court
Application to court In the course of proceedings referred to in subsection 44.04 (3), the court may, on the application of the Minister or a party to the…
["PART VIICopyright Board", "Section 66.6 — Regulations"]1
- Regulations"]
Section 66.6 — Regulations
Regulations The Board may, with the approval of the Governor in Council, make regulations governing the practice and procedure in respect of the Board’s…
General1
- ["PART IXGeneral Provisions", "— 1997, c. 24, ss. 54 to 58.1", "Section 58.1"]
Section 58.1
Section 58.1 No agreement concluded before April 25, 1996 that assigns a right or grants an interest by licence in a right that would be a copyright or a right…
["PART VIMiscellaneous Provisions", "Industrial Designs and Topographies", "Section 64.2 — Application of Act to topographies"]1
- Application of Act to topographies"]
Section 64.2 — Application of Act to topographies
Application of Act to topographies This Act does not apply, and shall be deemed never to have applied, to any topography or to any design, however expressed…
["PART VAdministration", "Registration", "Section 54 — Register of Copyrights"]1
- Register of Copyrights"]
Section 54 — Register of Copyrights
Register of Copyrights The Minister shall cause to be kept at the Copyright Office a register to be called the Register of Copyrights in which may be entered…
General1
- ["PART IXGeneral Provisions", "— 1997, c. 24, ss. 54 to 58.1", "Section 55"]
Section 55
Section 55 Part II of the Copyright Act , as enacted by section 14 of this Act, shall be construed as a replacement for subsections 5(3) to (6) and section 11…
["PART IVRemedies", "Importation and Exportation", "Prohibition and Detention by Customs Officer", "Measures Relating to Detained Copies", "Section 44.05 — Restriction on information use — section 44.03"]1
- section 44.03"]
Section 44.05 — Restriction on information use — section 44.03
section 44.03 A person who receives a sample or information that is provided under section 44.03 shall not use the information, or information that is derived…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Non-commercial User-generated Content", "Section 29.21 — Non-commercial user-generated content"]1
- Non-commercial user-generated content"]
Section 29.21 — Non-commercial user-generated content
Non-commercial user-generated content It is not an infringement of copyright for an individual to use an existing work or other subject-matter or copy of one…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Performers’ Rights", "Copyright", "Section 15 — Copyright in performer’s performance"]1
- Copyright in performer’s performance"]
Section 15 — Copyright in performer’s performance
Copyright in performer’s performance Subject to subsection
["PART VIICopyright Board", "Section 66.4 — Staff"]1
- Staff"]
Section 66.4 — Staff
Staff Such officers and employees as are necessary for the proper conduct of the work of the Board shall be appointed in accordance with the Public Service…
["PART VIICopyright Board", "Section 66.8 — Studies"]1
- Studies"]
Section 66.8 — Studies
Studies The Board shall conduct such studies with respect to the exercise of its powers as are requested by the Minister.
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Fair Dealing", "Section 29.2 — News reporting"]1
- News reporting"]
Section 29.2 — News reporting
News reporting Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned: the source; and if given in the…
["PART VIIIPrivate Copying", "Regulations", "Section 87 — Regulations"]1
- Regulations"]
Section 87 — Regulations
Regulations The Governor in Council may make regulations respecting the exemptions and refunds provided for in section 86, including, without limiting the…
["PART VII.1Collective Administration of Copyright", "Tariffs", "Proposed Tariffs", "Section 68.1 — Form and content"]1
- Form and content"]
Section 68.1 — Form and content
Form and content A proposed tariff must be filed in both official languages and include the acts to which the tariff is to apply; the proposed royalty rates…
["PART VII.1Collective Administration of Copyright", "Fixing of Royalty Rates in Individual Cases", "Section 71 — Application to fix"]1
- Application to fix"]
Section 71 — Application to fix
Application to fix If a collective society and a user are unable to agree on royalties to be paid with respect to rights under section 3, 15, 18, 19 or 21…
["PART ICopyright and Moral Rights in Works", "Ownership of Copyright", "Section 13 — Ownership of copyright"]1
- Ownership of copyright"]
Section 13 — Ownership of copyright
Ownership of copyright Subject to this Act, the author of a work shall be the first owner of the copyright therein. Where the author of a work was in the…
["PART VII.1Collective Administration of Copyright", "Examination of Agreements", "Section 76 — Definition of Commissioner"]1
- Definition of Commissioner"]
Section 76 — Definition of Commissioner
Definition of Commissioner For the purposes of this section and section 76.1 , Commissioner means the Commissioner of Competition appointed under the…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Ephemeral Recordings", "Section 30.9 — Ephemeral recordings — broadcasting undertaking"]1
- broadcasting undertaking"]
Section 30.9 — Ephemeral recordings — broadcasting undertaking
broadcasting undertaking It is not an infringement of copyright for a broadcasting undertaking to reproduce in accordance with this section a sound recording…
["PART VIIIPrivate Copying", "Copying for Private Use", "Section 80 — Where no infringement of copyright"]1
- Where no infringement of copyright"]
Section 80 — Where no infringement of copyright
Where no infringement of copyright Subject to subsection (2), the act of reproducing all or any substantial part of a musical work embodied in a sound…
["PART VAdministration", "Registration", "Section 57 — Registration of assignment or licence"]1
- Registration of assignment or licence"]
Section 57 — Registration of assignment or licence
Registration of assignment or licence The Registrar of Copyrights shall register an assignment of copyright, or a licence granting an interest in a copyright…
["PART VIICopyright Board", "Section 66.2 — Remuneration and expenses"]1
- Remuneration and expenses"]
Section 66.2 — Remuneration and expenses
Remuneration and expenses The members of the Board shall be paid such remuneration as may be fixed by the Governor in Council and are entitled to be paid…
["PART VIMiscellaneous Provisions", "Substituted Right", "Section 60 — Subsistence of substituted right"]1
- Subsistence of substituted right"]
Section 60 — Subsistence of substituted right
Subsistence of substituted right Where any person is immediately before January 1, 1924 entitled to any right in any work that is set out in column I of…
["Interpretation", "Section 2.2 — Definition of publication"]1
- Definition of publication"]
Section 2.2 — Definition of publication
Definition of publication For the purposes of this Act, publication means in relation to works, making copies of a work available to the public, the…
["PART VAdministration", "Copyright Office", "Section 53 — Register to be evidence"]1
- Register to be evidence"]
Section 53 — Register to be evidence
Register to be evidence The Register of Copyrights is evidence of the particulars entered in it, and a copy of an entry in the Register is evidence of the…
["PART VII.1Collective Administration of Copyright", "Collective Societies", "Section 67.2 — Requests regarding repertoire"]1
- Requests regarding repertoire"]
Section 67.2 — Requests regarding repertoire
Requests regarding repertoire A collective society shall answer, within a reasonable time, all reasonable requests from any person for information about its…
["PART VII.1Collective Administration of Copyright", "Tariffs", "Approval of Tariffs", "Section 70 — Approval"]1
- Approval"]
Section 70 — Approval
approve the proposed tariff after making any alterations to the royalty rates and the related terms and conditions, or fixing any new related terms and…
["PART VAdministration", "Copyright Office", "Section 47 — Powers of Commissioner and Registrar"]1
- Powers of Commissioner and Registrar"]
Section 47 — Powers of Commissioner and Registrar
Powers of Commissioner and Registrar The Commissioner of Patents shall exercise the powers conferred and perform the duties imposed on him by this Act under…
["PART VIIIPrivate Copying", "Exemption from Levy", "Section 86 — Where no levy payable"]1
- Where no levy payable"]
Section 86 — Where no levy payable
Where no levy payable No levy is payable under this Part where the manufacturer or importer of a blank audio recording medium sells or otherwise disposes of it…
["PART IXGeneral Provisions", "— 2012, c. 20, s. 59", "Section 59 — No revival of copyright in photograph"]1
- No revival of copyright in photograph"]
Section 59 — No revival of copyright in photograph
No revival of copyright in photograph The repeal of section 10 of the Copyright Act by section 6 does not have the effect of reviving copyright in any…
["PART IXGeneral Provisions", "— R.S., 1985, c. 10 (4th Supp.), ss. 23 to 26", "Section 26 — Infringements before coming into force"]1
- Infringements before coming into force"]
Section 26 — Infringements before coming into force
Infringements before coming into force Subsection 64(1) and section 64.1 of the Copyright Act , as enacted by section 11, apply in respect of any alleged…
["PART ICopyright and Moral Rights in Works", "Term of Copyright", "Section 12 — Where copyright belongs to Her Majesty"]1
- Where copyright belongs to Her Majesty"]
Section 12 — Where copyright belongs to Her Majesty
Where copyright belongs to Her Majesty Without prejudice to any rights or privileges of the Crown, where any work is, or has been, prepared or published by or…
["PART IVRemedies", "Civil Remedies", "Infringement of Copyright and Moral Rights", "Section 38.2 — Maximum amount that may be recovered"]1
- Maximum amount that may be recovered"]
Section 38.2 — Maximum amount that may be recovered
Maximum amount that may be recovered An owner of copyright in a work who has not authorized a collective society to authorize its reprographic reproduction may…
["PART ICopyright and Moral Rights in Works", "Term of Copyright", "Section 6.2 — Anonymous and pseudonymous works of joint authorship"]1
- Anonymous and pseudonymous works of joint authorship"]
Section 6.2 — Anonymous and pseudonymous works of joint authorship
Anonymous and pseudonymous works of joint authorship Except as provided in subsection (2), where the identity of all the authors of a work of joint authorship…
["PART VIIIPrivate Copying", "Civil Remedies", "Section 88 — Right of recovery"]1
- Right of recovery"]
Section 88 — Right of recovery
Right of recovery Without prejudice to any other remedies available to it, the collecting body may, for the period specified in an approved tariff, collect the…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Backup Copies", "Section 29.24 — Backup copies"]1
- Backup copies"]
Section 29.24 — Backup copies
a copy of the work or subject-matter (in this section referred to as the “source copy”) to reproduce the source copy if the person does so solely for backup…
["PART ICopyright and Moral Rights in Works", "Term of Copyright", "Section 11.1 — Cinematographic works"]1
- Cinematographic works"]
Section 11.1 — Cinematographic works
Cinematographic works Except for cinematographic works in which the arrangement or acting form or the combination of incidents represented give the work a…
["PART VII.1Collective Administration of Copyright", "Tariffs", "Proposed Tariffs", "Section 68.4 — Reply to objection"]1
- Reply to objection"]
Section 68.4 — Reply to objection
Reply to objection The collective society may file a reply to an objection with the Board. The Board shall provide a copy of the filed reply to the person or…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Fair Dealing", "Section 29 — Research, private study, etc."]1
- Research, private study, etc."]
Section 29 — Research, private study, etc.
Research, private study, etc. Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright.
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Libraries, Archives and Museums", "Section 30.2 — Research or private study"]1
- Research or private study"]
Section 30.2 — Research or private study
Research or private study It is not an infringement of copyright for a library, archive or museum or a person acting under its authority to do anything on…
["PART IXGeneral Provisions", "— 1997, c. 24, ss. 62, 63", "Section 62 — Coming into force"]1
- Coming into force"]
Section 62 — Coming into force
Coming into force The following provisions come into force or are deemed to have come into force on June 30, 1996: the definitions exclusive distributor…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.15 — Security"]1
- Security"]
Section 41.15 — Security
Security Paragraph 41.1(1)(a) does not apply to a person who circumvents a technological protection measure that is subject to that paragraph for the sole…
["PART VAdministration", "Copyright Office", "Section 49 — Register of Copyrights, certificates and certified copies"]1
- Register of Copyrights, certificates and certified copies"]
Section 49 — Register of Copyrights, certificates and certified copies
Register of Copyrights, certificates and certified copies The Commissioner of Patents, the Registrar of Copyrights or an officer, clerk or employee of the…
["PART VAdministration", "Copyright Office", "Section 50 — Other duties of Registrar"]1
- Other duties of Registrar"]
Section 50 — Other duties of Registrar
Other duties of Registrar The Registrar of Copyrights shall perform such other duties in connection with the administration of this Act as may be assigned to…
General1
- ["PART IXGeneral Provisions", "— 1997, c. 24, ss. 54 to 58.1", "Section 54"]
Section 54
Section 54 For greater certainty, all notices published under subsection 5(2) of the Copyright Act before the coming into force of this section are deemed to…
["PART VII.1Collective Administration of Copyright", "Collective Societies", "Section 67 — Filing of proposed tariffs"]1
- Filing of proposed tariffs"]
Section 67 — Filing of proposed tariffs
Filing of proposed tariffs A collective society may file a proposed tariff with the Board for the purpose of establishing royalties with respect to rights the…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Libraries, Archives and Museums", "Section 30.21 — Copying works deposited in archive"]1
- Copying works deposited in archive"]
Section 30.21 — Copying works deposited in archive
Copying works deposited in archive Subject to subsections (3) and (3.1), it is not an infringement of copyright for an archive to make, for any person…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Libraries, Archives and Museums in Educational Institutions", "Section 30.4 — Application to libraries, etc. within educational institutions"]1
- Application to libraries, etc. within educational institutions"]
Section 30.4 — Application to libraries, etc. within educational institutions
Application to libraries, etc. within educational institutions For greater certainty, the exceptions to infringement of copyright provided for under sections…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Statutory Obligations", "Section 32.1 — No infringement"]1
- No infringement"]
Section 32.1 — No infringement
No infringement It is not an infringement of copyright for any person to disclose, pursuant to the Access to Information Act , a record within the meaning of…
General1
- ["PART IXGeneral Provisions", "— 1997, c. 24, ss. 54 to 58.1", "Section 58"]
Section 58
Section 58 Nothing in this Act shall be construed as reviving a copyright that expired before the coming into force of this section.
["Interpretation", "Section 2.1 — Compilations"]1
- Compilations"]
Section 2.1 — Compilations
Compilations A compilation containing two or more of the categories of literary, dramatic, musical or artistic works shall be deemed to be a compilation of the…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Machines Installed in Educational Institutions, Libraries, Archives and Museums", "Section 30.3 — No infringement by educational institution, etc."]1
- No infringement by educational institution, etc."]
Section 30.3 — No infringement by educational institution, etc.
No infringement by educational institution, etc. An educational institution or a library, archive or museum does not infringe copyright where a copy of a work…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Temporary Reproductions for Technological Processes", "Section 30.71 — Temporary reproductions"]1
- Temporary reproductions"]
Section 30.71 — Temporary reproductions
Temporary reproductions It is not an infringement of copyright to make a reproduction of a work or other subject-matter if the reproduction forms an essential…
["PART VIICopyright Board", "Section 66.9 — Report"]1
- Report"]
Section 66.9 — Report
Report The Board shall, not later than August 31 in each year, submit to the Governor in Council through the Minister an annual report on the Board’s…
["PART VII.1Collective Administration of Copyright", "Special Rules Related to Royalty Rates", "Section 72 — Special royalty rates"]1
- Special royalty rates"]
Section 72 — Special royalty rates
Special royalty rates Subsections (2) and (3) apply despite the tariffs approved by the Board under section 70 , or despite the royalty rates fixed under…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Miscellaneous", "Section 32.2 — Permitted acts"]1
- Permitted acts"]
Section 32.2 — Permitted acts
Permitted acts It is not an infringement of copyright for an author of an artistic work who is not the owner of the copyright in the work to use any mould…
["PART IXGeneral Provisions", "— 2012, c. 20, s. 62", "Section 62 — Limitation or prescription period"]1
- Limitation or prescription period"]
Section 62 — Limitation or prescription period
Limitation or prescription period Subsection 43.1(1) of the Copyright Act , as enacted by section 49 , applies only to proceedings with respect to an act or…
["PART VIICopyright Board", "Section 66.7 — General powers, etc."]1
- General powers, etc."]
Section 66.7 — General powers, etc.
General powers, etc. The Board has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 29.6 — News and commentary"]1
- News and commentary"]
Section 29.6 — News and commentary
News and commentary It is not an infringement of copyright for an educational institution or a person acting under its authority to make, at the time of its…
["PART VIICopyright Board", "Section 66.503 — For greater certainty"]1
- For greater certainty"]
Section 66.503 — For greater certainty
For greater certainty For greater certainty, any person or entity may authorize any other person or entity to act on their behalf in any matter before the…
["PART IXGeneral Provisions", "Section 89 — No copyright, etc., except by statute"]1
- No copyright, etc., except by statute"]
Section 89 — No copyright, etc., except by statute
No copyright, etc., except by statute No person is entitled to copyright otherwise than under and in accordance with this Act or any other Act of Parliament…
["PART IVRemedies", "Civil Remedies", "Infringement of Copyright and Moral Rights", "Section 35 — Liability for infringement"]1
- Liability for infringement"]
Section 35 — Liability for infringement
Liability for infringement Where a person infringes copyright, the person is liable to pay such damages to the owner of the copyright as the owner has suffered…
["PART VII.2Certain Applications to Board", "Compensation for Acts Done Before Recognition of Copyright or Moral Rights", "Section 78 — Board may determine compensation"]1
- Board may determine compensation"]
Section 78 — Board may determine compensation
Board may determine compensation Subject to subsection (2), for the purposes of subsections 32.4(2), 32.5(2), 33(2), 33.1(2) and 33.2(2), the Board may, on…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Term of Rights", "Section 23 — Term of copyright — performer’s performance"]1
- performer’s performance"]
Section 23 — Term of copyright — performer’s performance
performer’s performance Subject to this Act, copyright in a performer’s performance subsists until the end of 50 years after the end of the calendar year in…
["PART IVRemedies", "Civil Remedies", "Infringement of Copyright and Moral Rights", "Section 34 — Copyright"]1
- Copyright"]
Section 34 — Copyright
Copyright Where copyright has been infringed, the owner of the copyright is, subject to this Act, entitled to all remedies by way of injunction, damages…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Moral Rights Infringement", "Section 28.1 — Infringement generally"]1
- Infringement generally"]
Section 28.1 — Infringement generally
Infringement generally Any act or omission that is contrary to any of the moral rights of the author of a work or of the performer of a performer’s performance…
["PART VAdministration", "Fees", "Section 59 — Fees regulations"]1
- Fees regulations"]
Section 59 — Fees regulations
Fees regulations The Governor in Council may make regulations prescribing fees, or the manner of determining fees, to be paid for anything required or…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 29.8 — Unlawful reception"]1
- Unlawful reception"]
Section 29.8 — Unlawful reception
Unlawful reception The exceptions to infringement of copyright provided for under sections 29.5 to 29.7 do not apply where the communication to the public by…
["PART IXGeneral Provisions", "— 2018, c. 27, s. 300", "Section 300 — Subsections 68.1(2) and 83(4)"]1
- Subsections 68.1(2) and 83(4)"]
Section 300 — Subsections 68.1(2) and 83(4)
Subsections 68.1(2) and 83(4) Neither subsection 68.1(2) nor subsection 83(4) of the Copyright Act , as enacted by sections 296 and 297 of this Act…
["PART VIICopyright Board", "Section 66.51 — Interim decisions"]1
- Interim decisions"]
Section 66.51 — Interim decisions
Interim decisions The Board may, on application, make an interim decision.
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Library and Archives of Canada", "Section 30.5 — Permitted acts"]1
- Permitted acts"]
Section 30.5 — Permitted acts
Permitted acts It is not an infringement of copyright for the Librarian and Archivist of Canada under the Library and Archives of Canada Act , to make a copy…
["PART VII.1Collective Administration of Copyright", "Special Rules Related to Royalty Rates", "Section 72.1 — Radio performances in places other than theatres"]1
- Radio performances in places other than theatres"]
Section 72.1 — Radio performances in places other than theatres
Radio performances in places other than theatres In respect of public performances by means of any radio receiving set in any place other than a theatre that…
["PART IXGeneral Provisions", "— 2015, c. 36, s. 82", "Section 82 — No revival of copyright"]1
- No revival of copyright"]
Section 82 — No revival of copyright
No revival of copyright Paragraph 23(1)(b) and subsection 23(1.1) of the Copyright Act , as enacted by section 81 , do not have the effect of reviving the…
["PART VII.1Collective Administration of Copyright", "Effects Related to Tariffs and Fixing of Royalty Rates", "Permitted Acts and Enforcement", "Section 73.2 — Continuation of rights"]1
- Continuation of rights"]
Section 73.2 — Continuation of rights
Continuation of rights If a proposed tariff’s effective period begins before the proposed tariff is approved, and immediately after the expiry of the previous…
["PART VAdministration", "Copyright Office", "Section 46 — Copyright Office"]1
- Copyright Office"]
Section 46 — Copyright Office
Copyright Office The Copyright Office shall be attached to the Patent Office.
["PART IVRemedies", "Criminal Remedies", "Section 42 — Offences"]1
- Offences"]
Section 42 — Offences
Offences Every person commits an offence who knowingly makes for sale or rental an infringing copy of a work or other subject-matter in which copyright…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Computer Programs", "Section 30.6 — Permitted acts"]1
- Permitted acts"]
Section 30.6 — Permitted acts
Permitted acts 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…
General1
- ["PART IXGeneral Provisions", "— 1997, c. 24, ss. 62, 63", "Section 63"]
Section 63
Section 63 No exclusive distributor, within the meaning assigned to that expression by subsection 62(2) of this Act, copyright owner or exclusive licensee is…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 29.4 — Reproduction for instruction"]1
- Reproduction for instruction"]
Section 29.4 — Reproduction for instruction
Reproduction for instruction It is not an infringement of copyright for an educational institution or a person acting under its authority for the purposes of…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Performers’ Rights", "Moral Rights", "Section 17.2 — Application and term"]1
- Application and term"]
Section 17.2 — Application and term
Application and term Subsection 17.1(1) applies only in respect of a performer’s performance that occurs after the coming into force of that subsection. The…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Acts Undertaken without Motive of Gain", "Section 29.3 — Motive of gain"]1
- Motive of gain"]
Section 29.3 — Motive of gain
Motive of gain No action referred to in section 29.4, 29.5, 30.2 or 30.21 may be carried out with motive of gain. An educational institution, library, archive…
["PART VAdministration", "Copyright Office", "Section 48 — Registrar"]1
- Registrar"]
Section 48 — Registrar
Registrar There shall be a Registrar of Copyrights.
["PART VIMiscellaneous Provisions", "Regulations", "Section 62 — Regulations"]1
- Regulations"]
Section 62 — Regulations
Regulations The Governor in Council may make regulations for the purposes of paragraph 30.01(6)(d), respecting measures, which may vary according to…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.21 — Regulations"]1
- Regulations"]
Section 41.21 — Regulations
Regulations The Governor in Council may make regulations excluding from the application of section 41.1 any technological protection measure that protects a…
["PART IXGeneral Provisions", "Section 92 — Review of Act"]1
- Review of Act"]
Section 92 — Review of Act
Review of Act 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…
["PART VII.1Collective Administration of Copyright", "Collective Societies", "Section 67.1 — Designation of collective society — paragraph 19(2)(a)"]1
- paragraph 19(2)(a)"]
Section 67.1 — Designation of collective society — paragraph 19(2)(a)
paragraph 19(2)(a) On application by a collective society, the Board may designate the collective society as the sole collective society authorized to collect…
["PART IXGeneral Provisions", "— 2004, c. 11, s. 21(4)", "Section 21 — Application"]1
- Application"]
Section 21 — Application
Application Subsection (1) applies in respect of unpublished works deposited in an archive on or before September 1, 1999 or at any time after that date.
["PART IVRemedies", "Importation and Exportation", "Court-ordered Detention", "Section 44.4 — Importation of other subject-matter"]1
- Importation of other subject-matter"]
Section 44.4 — Importation of other subject-matter
Importation of other subject-matter Section 44.12 applies, with such modifications as the circumstances require, in respect of a sound recording, performer’s…
["PART IVRemedies", "Importation and Exportation", "Court-ordered Detention", "Section 44.3 — Limitation"]1
- Limitation"]
Section 44.3 — Limitation
Limitation No exclusive licensee of the copyright in a book in Canada, and no exclusive distributor of a book, may obtain an order under section 44.2 against…
["PART IVRemedies", "Importation and Exportation", "Prohibition and Detention by Customs Officer", "No Liability", "Section 44.08 — No liability"]1
- No liability"]
Section 44.08 — No liability
No liability Neither Her Majesty nor a customs officer is liable for any loss or damage suffered in relation to the enforcement or application of sections…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.2 — Injunction only remedy"]1
- Injunction only remedy"]
Section 41.2 — Injunction only remedy
Injunction only remedy If a court finds that a defendant that is a library, archive or museum or an educational institution has contravened subsection 41.1(1)…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 30.01 — Meaning of lesson"]1
- Meaning of lesson"]
Section 30.01 — Meaning of lesson
Meaning of lesson For the purposes of this section, lesson means a lesson, test or examination, or part of one, in which, or during the course of which, an act…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Persons with Perceptual Disabilities", "Section 32 — Reproduction in alternate format"]1
- Reproduction in alternate format"]
Section 32 — Reproduction in alternate format
Reproduction in alternate format It is not an infringement of copyright for a person with a perceptual disability, for a person acting at the request of such a…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.19 — Reduction of damages"]1
- Reduction of damages"]
Section 41.19 — Reduction of damages
Reduction of damages A court may reduce or remit the amount of damages it awards in the circumstances described in subsection 41.1(1) if the defendant…
["PART VIIIPrivate Copying", "Right of Remuneration", "Section 81 — Right of remuneration"]1
- Right of remuneration"]
Section 81 — Right of remuneration
Right of remuneration Subject to and in accordance with this Part, eligible authors, eligible performers and eligible makers have a right to receive…
["PART IVRemedies", "Importation and Exportation", "Prohibition Resulting from Notice", "Section 44.11 — Importation of certain copyright works prohibited"]1
- Importation of certain copyright works prohibited"]
Section 44.11 — Importation of certain copyright works prohibited
Importation of certain copyright works prohibited Copies made outside Canada of any work in which copyright subsists that if made in Canada would infringe…
["PART ICopyright and Moral Rights in Works", "Copyright", "Section 3 — Copyright in works"]1
- Copyright in works"]
Section 3 — Copyright in works
Copyright in works For the purposes of this Act, copyright , in relation to a work, means the sole right to produce or reproduce the work or any substantial…
["PART IVRemedies", "Importation and Exportation", "Prohibition and Detention by Customs Officer", "Powers of Court Relating to Detained Copies", "Section 44.09 — Application to court"]1
- Application to court"]
Section 44.09 — Application to court
Application to court (3), the court may, on the application of the Minister or a party to the proceedings, require the owner of copyright to furnish security…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Provisions Applicable to both Performers and Sound Recording Makers", "Section 20 — Conditions — Canada"]1
- Canada"]
Section 20 — Conditions — Canada
Canada (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…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Libraries, Archives and Museums", "Section 30.2 — Research or private study"]1
- Research or private study"]
Section 30.2 — Research or private study
Research or private study (2) with the copy only on the condition that the person is provided with a single copy of the work; and the library, archive or…
["PART VIIIPrivate Copying", "Distribution of Levies Paid", "Section 85 — Reciprocity"]1
- Reciprocity"]
Section 85 — Reciprocity
Reciprocity (1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Network Services", "Section 31.1 — Network services"]1
- Network services"]
Section 31.1 — Network services
Network services (4) does not apply in respect of a work or other subject-matter if the person providing the digital memory knows of a decision of a court of…
["PART VII.1Collective Administration of Copyright", "Claim by Copyright Owner — Particular Royalties", "Section 75 — Claims by non-members"]1
- Claims by non-members"]
Section 75 — Claims by non-members
Claims by non-members (2) is the only remedy of the owner of the copyright for the payment of royalties for the communication, making of the copy or sound…
["PART ICopyright and Moral Rights in Works", "Term of Copyright", "Section 7 — Term of copyright in certain posthumous works"]1
- Term of copyright in certain posthumous works"]
Section 7 — Term of copyright in certain posthumous works
Term of copyright in certain posthumous works (1) would apply to that work had it been published or performed in public or communicated to the public by…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Ephemeral Recordings", "Section 30.9 — Ephemeral recordings — broadcasting undertaking"]1
- broadcasting undertaking"]
Section 30.9 — Ephemeral recordings — broadcasting undertaking
broadcasting undertaking (2) available to owners of copyright in the sound recordings, performer’s performances or works, or their representatives, within…
["PART IVRemedies", "Importation and Exportation", "Court-ordered Detention", "Section 44.12 — Power of court"]1
- Power of court"]
Section 44.12 — Power of court
Power of court (1), the court may require the applicant to furnish security, in an amount fixed by the court, to cover duties, storage and handling charges and…
["PART ICopyright and Moral Rights in Works", "Copyright", "Section 3 — Copyright in works"]1
- Copyright in works"]
Section 3 — Copyright in works
Copyright in works embodied, and in the case of a work that is in the form of a tangible object, to sell or otherwise transfer ownership of the tangible…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Miscellaneous", "Section 32.2 — Permitted acts"]1
- Permitted acts"]
Section 32.2 — Permitted acts
Permitted acts unless the individual and the owner of the copyright in the photograph or portrait have agreed otherwise. It is not an infringement of copyright…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Performers’ Rights", "Copyright", "Section 17 — Cinematographic works"]1
- Cinematographic works"]
Section 17 — Cinematographic works
Cinematographic works (1) of the Immigration and Refugee Protection Act and whose performer’s performances are embodied in works other than the prescribed…
["Interpretation", "Section 2.4 — Communication to the public by telecommunication"]1
- Communication to the public by telecommunication"]
Section 2.4 — Communication to the public by telecommunication
Communication to the public by telecommunication (1)(c) or 3 (1)(f) where a signal carrying the work is retransmitted to a person who is a retransmitter within…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.1 — Prohibition"]1
- Prohibition"]
Section 41.1 — Prohibition
that are or may be conferred by law for the infringement of copyright against the person who contravened that paragraph. The owner of the copyright in a work…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Rights of Sound Recording Makers", "Section 18 — Copyright in sound recordings"]1
- Copyright in sound recordings"]
Section 18 — Copyright in sound recordings
Copyright in sound recordings (1) of the Immigration and Refugee Protection Act , was a citizen or permanent resident of a Berne Convention country, a Rome…
["PART IVRemedies", "Civil Remedies", "Infringement of Copyright and Moral Rights", "Section 38.1 — Statutory damages"]1
- Statutory damages"]
Section 38.1 — Statutory damages
Statutory damages (1) with respect to a defendant’s infringements that are for non-commercial purposes, every other copyright owner is barred from electing to…
["PART IVRemedies", "Civil Remedies", "Infringement of Copyright and Moral Rights", "Section 38 — Recovery of possession of copies, plates"]1
- Recovery of possession of copies, plates"]
Section 38 — Recovery of possession of copies, plates
Recovery of possession of copies, plates (2), the court shall have regard to all the circumstances, including the proportion, importance and value of the…
["PART ICopyright and Moral Rights in Works", "Ownership of Copyright", "Section 13 — Ownership of copyright"]1
- Ownership of copyright"]
Section 13 — Ownership of copyright
Ownership of copyright as the owner of the copyright, and this Act has effect accordingly. For greater certainty, it is deemed always to have been the law that…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.21 — Regulations"]1
- Regulations"]
Section 41.21 — Regulations
Regulations (1)(a) does not apply, having regard to the following factors: whether not being permitted to circumvent a technological protection measure that is…
["PART VIIIPrivate Copying", "Levy on Blank Audio Recording Media", "Section 83 — Filing of proposed tariffs"]1
- Filing of proposed tariffs"]
Section 83 — Filing of proposed tariffs
Filing of proposed tariffs (2), no later than that day. The Board shall provide a copy of the filed objection to each collective society concerned. Each…
["PART VIIIPrivate Copying", "Interpretation", "Section 79 — Definitions"]1
- Definitions"]
Section 79 — Definitions
Definitions (1) of the Immigration and Refugee Protection Act , and copyright subsists in Canada in the sound recording, or the maker, at the date of that…
["PART IVRemedies", "Importation and Exportation", "Prohibition and Detention by Customs Officer", "Measures Relating to Detained Copies", "Section 44.07 — Liability for charges"]1
- Liability for charges"]
Section 44.07 — Liability for charges
Liability for charges (1)(c), if the copies are forfeited under subsection 39 (1) of the Customs Act after the Minister has received the written notification…
["PART VII.1Collective Administration of Copyright", "Tariffs", "Approval of Tariffs", "Section 70 — Approval"]1
- Approval"]
Section 70 — Approval
Approval (2)(d). For greater certainty, the Board may determine, in respect of any tariff that it approves, the portion of the royalties that is to be paid to…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.22 — Prohibition — rights management information"]1
- rights management information"]
Section 41.22 — Prohibition — rights management information
rights management information (2) has the same remedies against a person who, without the owner’s consent, knowingly does any of the following acts with…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Persons with Perceptual Disabilities", "Section 32 — Reproduction in alternate format"]1
- Reproduction in alternate format"]
Section 32 — Reproduction in alternate format
Reproduction in alternate format (1) does not apply if the work or other subject-matter is commercially available, within the meaning of paragraph (a) of the…
["PART VIMiscellaneous Provisions", "Substituted Right", "Section 60 — Subsistence of substituted right"]1
- Subsistence of substituted right"]
Section 60 — Subsistence of substituted right
Subsistence of substituted right or perform the work in like manner as theretofore subject to the payment, if demanded by the author within three years after…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Persons with Perceptual Disabilities", "Section 32.01 — Print disability — outside Canada"]1
- outside Canada"]
Section 32.01 — Print disability — outside Canada
outside Canada (1)(b) does not apply if the work or other subject-matter, in the format specially designed for persons with a print disability, is available in…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 30.02 — Exception — digital reproduction of works"]1
- digital reproduction of works"]
Section 30.02 — Exception — digital reproduction of works
digital reproduction of works (1)(b), the royalties that would be payable if one reprographic reproduction were distributed by the institution to each of those…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Infringement of Copyright", "General", "Section 27 — Infringement generally"]1
- Infringement generally"]
Section 27 — Infringement generally
that the person knows or should have known was made without the consent of the owner of the copyright in the country where the copy was made. Subsection (2.11)…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 30.01 — Meaning of lesson"]1
- Meaning of lesson"]
Section 30.01 — Meaning of lesson
Meaning of lesson (3)(a). It is not an infringement of copyright for a student who has received a lesson by means of communication by telecommunication under…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Performers’ Rights — WTO Countries", "Section 26 — Performer’s performance in WTO country"]1
- Performer’s performance in WTO country"]
Section 26 — Performer’s performance in WTO country
Performer’s performance in WTO country (3) as of the date the country becomes a WTO Member. The rights conferred by this section subsist for the remainder of…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Infringement of Copyright", "Parallel Importation of Books", "Section 27.1 — Importation of books"]1
- Importation of books"]
Section 27.1 — Importation of books
Importation of books (2) only apply where there is an exclusive distributor of the book and the acts described in those subsections take place in the part of…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Reproduction for Private Purposes", "Section 29.22 — Reproduction for private purposes"]1
- Reproduction for private purposes"]
Section 29.22 — Reproduction for private purposes
Reproduction for private purposes (1) does not apply if the individual gives away, rents or sells the copy of the work or other subject-matter from which the…
["Interpretation", "Section 2 — Definitions"]1
- Definitions"]
Section 2 — Definitions
Definitions (1); ( Commission ) book means a volume or a part or division of a volume, in printed form, but does not include a pamphlet, a newspaper, review…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.12 — Interoperability"]1
- Interoperability"]
Section 41.12 — Interoperability
Interoperability (3) is provided may use it only for the purpose of making the computer program and any other computer program interoperable. A person to whom…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Machines Installed in Educational Institutions, Libraries, Archives and Museums", "Section 30.3 — No infringement by educational institution, etc."]1
- No infringement by educational institution, etc."]
Section 30.3 — No infringement by educational institution, etc.
No infringement by educational institution, etc. (1) applies only in respect of the works of the copyright owner that are covered by the agreement. The…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Non-commercial User-generated Content", "Section 29.21 — Non-commercial user-generated content"]1
- Non-commercial user-generated content"]
Section 29.21 — Non-commercial user-generated content
Non-commercial user-generated content (1). intermediary means a person or entity who regularly provides space or means for works or other subject-matter to be…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 30.04 — Work available through Internet"]1
- Work available through Internet"]
Section 30.04 — Work available through Internet
is protected by a technological protection measure that restricts the doing of that act; or a clearly visible notice — and not merely the copyright symbol —…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Retransmission", "Section 31 — Interpretation"]1
- Interpretation"]
Section 31 — Interpretation
Interpretation (2)(e), and specifying whether any such condition applies to all retransmitters or only to a class of retransmitter.
["PART IVRemedies", "Importation and Exportation", "Prohibition and Detention by Customs Officer", "Measures Relating to Detained Copies", "Section 44.04 — Provision of information to pursue remedy"]1
- Provision of information to pursue remedy"]
Section 44.04 — Provision of information to pursue remedy
Provision of information to pursue remedy (1). At the request of the copyright owner made while the copies are detained for the purpose of enforcing section…
["PART IVRemedies", "Provisions Respecting Providers of Network Services or Information Location Tools", "Section 41.27 — Injunctive relief only — providers of information location tools"]1
- providers of information location tools"]
Section 41.27 — Injunctive relief only — providers of information location tools
providers of information location tools (3) after the work or other subject-matter has been removed from the electronic location set out in the notice, then…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 30.03 — Royalties — digital reproduction agreement"]1
- digital reproduction agreement"]
Section 30.03 — Royalties — digital reproduction agreement
digital reproduction agreement (3)(a) for the digital reproduction of that work from the day on which that paragraph comes into force until the day on which…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Performers’ Rights", "Copyright", "Section 15 — Copyright in performer’s performance"]1
- Copyright in performer’s performance"]
Section 15 — Copyright in performer’s performance
Copyright in performer’s performance (2), a performer has a copyright in the performer’s performance, consisting of the sole right to do the following in…
["PART IVRemedies", "Civil Remedies", "Infringement of Copyright and Moral Rights", "Section 34 — Copyright"]1
- Copyright"]
Section 34 — Copyright
Copyright (3). The rules of practice and procedure, in civil matters, of the court in which proceedings are commenced by way of application apply to those…
["PART VIMiscellaneous Provisions", "Industrial Designs and Topographies", "Section 64 — Interpretation"]1
- Interpretation"]
Section 64 — Interpretation
Interpretation (2) does not apply in respect of the copyright or the moral rights in an artistic work in so far as the work is used as or for a graphic or…
["PART IVRemedies", "Criminal Remedies", "Section 42 — Offences"]1
- Offences"]
Section 42 — Offences
Offences (2) is liable on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both…
["PART ICopyright and Moral Rights in Works", "Works in which Copyright may Subsist", "Section 5 — Conditions for subsistence of copyright"]1
- Conditions for subsistence of copyright"]
Section 5 — Conditions for subsistence of copyright
Conditions for subsistence of copyright (1), a country that becomes a Berne Convention country, a WCT country or a WTO Member after the date of the making or…
["PART IVRemedies", "Civil Remedies", "Infringement of Copyright and Moral Rights", "Section 34.1 — Presumptions respecting copyright and ownership"]1
- Presumptions respecting copyright and ownership"]
Section 34.1 — Presumptions respecting copyright and ownership
Presumptions respecting copyright and ownership (1) is at issue and no assignment of the copyright, or licence granting an interest in the copyright, has been…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Provisions Applicable to both Performers and Sound Recording Makers", "Section 19 — Right to remuneration — Canada"]1
- Canada"]
Section 19 — Right to remuneration — Canada
Canada (2), to be paid equitable remuneration for its performance in public or its communication to the public by telecommunication, except for a communication…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Term of Rights", "Section 23 — Term of copyright — performer’s performance"]1
- performer’s performance"]
Section 23 — Term of copyright — performer’s performance
performer’s performance makers by section 19 have the same terms, respectively, as those provided by subsections (1) and (1.1). Subsections (1) to (2) apply…
["PART IXGeneral Provisions", "— 1997, c. 24, ss. 62, 63", "Section 62 — Coming into force"]1
- Coming into force"]
Section 62 — Coming into force
Coming into force (1)(e) of the Copyright Act , as enacted by section 28 of this Act, shall be read as follows for the period beginning on June 30, 1996 and…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Reciprocity", "Section 22 — Reciprocity"]1
- Reciprocity"]
Section 22 — Reciprocity
Reciprocity (1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Ephemeral Recordings", "Section 30.8 — Ephemeral recordings"]1
- Ephemeral recordings"]
Section 30.8 — Ephemeral recordings
Ephemeral recordings (6). Where the copyright owner authorizes the fixation or reproduction to be retained after the thirty days, the programming undertaking…
["PART IVRemedies", "Importation and Exportation", "Prohibition and Detention by Customs Officer", "Measures Relating to Detained Copies", "Section 44.07 — Liability for charges"]1
- Liability for charges"]
Section 44.07 — Liability for charges
Liability for charges (1); and the Minister has not, by the end of the detention, received a copy of a document filed with a court commencing proceedings to…
["PART ICopyright and Moral Rights in Works", "Works in which Copyright may Subsist", "Section 5 — Conditions for subsistence of copyright"]1
- Conditions for subsistence of copyright"]
Section 5 — Conditions for subsistence of copyright
Conditions for subsistence of copyright (1), except in so far as the protection conferred by this Act is extended as hereinafter provided to foreign countries…
["PART IVRemedies", "Civil Remedies", "Infringement of Copyright and Moral Rights", "Section 38.1 — Statutory damages"]1
- Statutory damages"]
Section 38.1 — Statutory damages
Statutory damages (2) and the defendant has not paid them. If they make the election, the collective society or copyright owner may only recover, in lieu of…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Performers’ Rights", "Copyright", "Section 15 — Copyright in performer’s performance"]1
- Copyright in performer’s performance"]
Section 15 — Copyright in performer’s performance
Copyright in performer’s performance it; to make a sound recording of it available to the public by telecommunication in a way that allows a member of the…
["PART IVRemedies", "Criminal Remedies", "Section 42 — Offences"]1
- Offences"]
Section 42 — Offences
Offences (3), the court shall require that notice be given to the owner of the copies or plates and to any other person who, in the court’s opinion, appears to…
["PART IVRemedies", "Civil Remedies", "Technological Protection Measures and Rights Management Information", "Section 41.21 — Regulations"]1
- Regulations"]
Section 41.21 — Regulations
Regulations (1)(a) prescribed under paragraph (a). The regulations may prescribe the manner in which, and the time within which, access is to be provided, as…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Libraries, Archives and Museums", "Section 30.2 — Research or private study"]1
- Research or private study"]
Section 30.2 — Research or private study
Research or private study (5), provide a copy in digital form to a person who has requested it through another library, archive or museum if the providing…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Ephemeral Recordings", "Section 30.8 — Ephemeral recordings"]1
- Ephemeral recordings"]
Section 30.8 — Ephemeral recordings
Ephemeral recordings (1) of the Broadcasting Act , that is carried on lawfully under that Act; a programming undertaking described in paragraph (a) that…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 30.03 — Royalties — digital reproduction agreement"]1
- digital reproduction agreement"]
Section 30.03 — Royalties — digital reproduction agreement
pay a lesser amount of royalties for the digital reproduction of that work than what was payable under paragraph 30.02 (3)(a), the collective society to which…
["PART IVRemedies", "Importation and Exportation", "Court-ordered Detention", "Section 44.12 — Power of court"]1
- Power of court"]
Section 44.12 — Power of court
Power of court (1)(b) and (c) existed, the court may make any order that it considers appropriate in the circumstances, including an order that the copies of…
["PART VIIIPrivate Copying", "Levy on Blank Audio Recording Media", "Section 83 — Filing of proposed tariffs"]1
- Filing of proposed tariffs"]
Section 83 — Filing of proposed tariffs
from the start of the effective period of the proposed tariff until the earlier of its approval and the end of its effective period — the collecting body may…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Infringement of Copyright", "General", "Section 27 — Infringement generally"]1
- Infringement generally"]
Section 27 — Infringement generally
Infringement generally (6)(b), (c) or (d). It is an infringement of copyright for a person, by means of the Internet or another digital network, to provide a…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 30.02 — Exception — digital reproduction of works"]1
- digital reproduction of works"]
Section 30.02 — Exception — digital reproduction of works
digital reproduction of works (5), that the owner refuses to authorize the collective society to enter into a digital reproduction agreement with respect to…
["Interpretation", "Section 2 — Definitions"]1
- Definitions"]
Section 2 — Definitions
Definitions out classes of uses that it agrees to authorize under this Act, and the royalties and terms and conditions on which it agrees to authorize those…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Rights of Sound Recording Makers", "Section 18 — Copyright in sound recordings"]1
- Copyright in sound recordings"]
Section 18 — Copyright in sound recordings
Copyright in sound recordings (2)(a) notwithstanding that it in fact occurred previously elsewhere, if the interval between those two publications does not…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Persons with Perceptual Disabilities", "Section 32.01 — Print disability — outside Canada"]1
- outside Canada"]
Section 32.01 — Print disability — outside Canada
outside Canada (2), was not available, and could not be located, as described in that subsection. A non-profit organization relying on the exception set out in…
["Interpretation", "Section 2 — Definitions"]1
- Definitions"]
Section 2 — Definitions
Definitions means the rights described in section 3, in the case of a work, sections 15 and 26, in the case of a performer’s performance, section 18, in the…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Performers’ Rights", "Copyright", "Section 15 — Copyright in performer’s performance"]1
- Copyright in performer’s performance"]
Section 15 — Copyright in performer’s performance
Copyright in performer’s performance (1) of the Immigration and Refugee Protection Act , or a citizen or permanent resident of a Rome Convention country, or if…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Persons with Perceptual Disabilities", "Section 32.01 — Print disability — outside Canada"]1
- outside Canada"]
Section 32.01 — Print disability — outside Canada
outside Canada (6). The following definitions apply in this section. Marrakesh Treaty country means a country that is a party to the Marrakesh Treaty to…
["PART IVRemedies", "Criminal Remedies", "Section 42 — Offences"]1
- Offences"]
Section 42 — Offences
Offences (3)(a) to (e) with respect to any material form of the work, the performer’s performance fixed in a sound recording or the sound recording without the…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Exceptions", "Educational Institutions", "Section 30.02 — Exception — digital reproduction of works"]1
- digital reproduction of works"]
Section 30.02 — Exception — digital reproduction of works
the amount of royalties that would be payable under that licence in respect of those acts or, if there is more than one applicable licence, the greatest amount…
["PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement", "Infringement of Copyright", "General", "Section 27 — Infringement generally"]1
- Infringement generally"]
Section 27 — Infringement generally
Infringement generally (2)(e), it is irrelevant whether the importer knew or should have known that the importation of the copy infringed copyright. It is an…
["PART IVRemedies", "Civil Remedies", "Infringement of Copyright and Moral Rights", "Section 38.1 — Statutory damages"]1
- Statutory damages"]
Section 38.1 — Statutory damages
Statutory damages (4), the court shall consider all relevant factors, including the good faith or bad faith of the defendant; the conduct of the parties before…
["PART VIIIPrivate Copying", "Levy on Blank Audio Recording Media", "Section 83 — Filing of proposed tariffs"]1
- Filing of proposed tariffs"]
Section 83 — Filing of proposed tariffs
Filing of proposed tariffs (12), require a collective society to file with the Board information relating to payments of moneys received by the society…
["Interpretation", "Section 2 — Definitions"]1
- Definitions"]
Section 2 — Definitions
Definitions means, in relation to a book, a person who has, before or after the coming into force of this definition, been appointed in writing, by the owner…
["PART IICopyright in Performers’ Performances, Sound Recordings and Communication Signals and Moral Rights in Performers’ Performances", "Performers’ Rights", "Copyright", "Section 15 — Copyright in performer’s performance"]1
- Copyright in performer’s performance"]
Section 15 — Copyright in performer’s performance
Copyright in performer’s performance (1) of the Immigration and Refugee Protection Act , in the case of a natural person, or had its headquarters in Canada, in…
["Interpretation", "Section 2 — Definitions"]1
- Definitions"]
Section 2 — Definitions
Definitions (2)(e) and section 27.1 but does not otherwise include a copy made with the consent of the owner of the copyright in the country where the copy was…
Headings and opening words only; the full text is on laws-lois.justice.gc.ca, which is authoritative. The library holds the version current as of the date shown. AI output is not legal advice — consult a licensed lawyer in the relevant jurisdiction.
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