Copyright Modernization Act (S.C. 2012, c. 20)
Full Document:
Assented to 2012-06-29
Marginal note:1997, c. 24, s. 14; 2001, c. 27, s. 239(1)
16. (1) The portion of subsection 22(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Reciprocity
22. (1) 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
Marginal note:1997, c. 24, s. 14; 2001, c. 27, s. 239(2)
(2) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Reciprocity
(2) If the Minister is of the opinion that a country other than a Rome Convention country or a WPPT country neither grants nor has undertaken to grant
Marginal note:1997, c. 24, s. 14
17. Subsections 23(1) to (3) of the Act are replaced by the following:
Marginal note:Term of copyright — performer’s performance
23. (1) 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 which the performance occurs. However,
(a) if the performance is fixed in a sound recording before the copyright expires, the copyright continues until the end of 50 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs; and
(b) if a sound recording in which the performance is fixed is published before the copyright expires, the copyright continues until the earlier of the end of 50 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of 99 years after the end of the calendar year in which the performance occurs.
Marginal note:Term of copyright — sound recording
(1.1) Subject to this Act, copyright in a sound recording subsists until the end of 50 years after the end of the calendar year in which the first fixation of the sound recording occurs. However, if the sound recording is published before the copyright expires, the copyright continues until the end of 50 years after the end of the calendar year in which the first publication of the sound recording occurs.
Marginal note:Term of copyright — communication signal
(1.2) Subject to this Act, copyright in a communication signal subsists until the end of 50 years after the end of the calendar year in which the communication signal is broadcast.
Marginal note:Term of right to remuneration
(2) The rights to remuneration conferred on performers and makers by section 19 have the same terms, respectively, as those provided by subsections (1) and (1.1).
Marginal note:Application of subsections (1) to (2)
(3) Subsections (1) to (2) apply whether the fixation, performance or broadcast occurred before or after the coming into force of this section.
18. Section 27 of the Act is amended by adding the following after subsection (2):
Marginal note:Clarification
(2.1) For greater certainty, a copy made outside Canada does not infringe copyright under subsection (2) if, had it been made in Canada, it would have been made under a limitation or exception under this Act.
Marginal note:Secondary infringement related to lesson
(2.2) It is an infringement of copyright for any person to do any of the following acts with respect to anything that the person knows or should have known is a lesson, as defined in subsection 30.01(1), or a fixation of one:
(a) to sell it or to rent it out;
(b) to distribute it to an extent that the owner of the copyright in the work or other subject-matter that is included in the lesson is prejudicially affected;
(c) by way of trade, to distribute it, expose or offer it for sale or rental or exhibit it in public;
(d) to possess it for the purpose of doing anything referred to in any of paragraphs (a) to (c);
(e) to communicate it by telecommunication to any person other than a person referred to in paragraph 30.01(3)(a); or
(f) to circumvent or contravene any measure taken in conformity with paragraph 30.01(6)(b), (c) or (d).
Marginal note:Infringement — provision of services
(2.3) It is an infringement of copyright for a person, by means of the Internet or another digital network, to provide a service primarily for the purpose of enabling acts of copyright infringement if an actual infringement of copyright occurs by means of the Internet or another digital network as a result of the use of that service.
Marginal note:Factors
(2.4) In determining whether a person has infringed copyright under subsection (2.3), the court may consider
(a) whether the person expressly or implicitly marketed or promoted the service as one that could be used to enable acts of copyright infringement;
(b) whether the person had knowledge that the service was used to enable a significant number of acts of copyright infringement;
(c) whether the service has significant uses other than to enable acts of copyright infringement;
(d) the person’s ability, as part of providing the service, to limit acts of copyright infringement, and any action taken by the person to do so;
(e) any benefits the person received as a result of enabling the acts of copyright infringement; and
(f) the economic viability of the provision of the service if it were not used to enable acts of copyright infringement.
Marginal note:R.S., c. 10 (4th Supp.), s. 6
19. Section 28.1 of the Act is replaced by the following:
Marginal note:Infringement generally
28.1 Any act or omission that is contrary to any of the moral rights of the author of a work or of the performer of a performer’s performance is, in the absence of the author’s or performer’s consent, an infringement of those rights.
Marginal note:R.S., c. 10 (4th Supp.), s. 6
20. The portion of subsection 28.2(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Nature of right of integrity
28.2 (1) The author’s or performer’s right to the integrity of a work or performer’s performance is infringed only if the work or the performance is, to the prejudice of its author’s or performer’s honour or reputation,
Marginal note:1997, c. 24, s. 18(1)
21. Section 29 of the Act is replaced by the following:
Marginal note:Research, private study, etc.
29. Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright.
22. The Act is amended by adding the following after section 29.2:
Non-commercial User-generated Content
Marginal note:Non-commercial user-generated content
29.21 (1) It is not an infringement of copyright for an individual to use an existing work or other subject-matter or copy of one, which has been published or otherwise made available to the public, in the creation of a new work or other subject-matter in which copyright subsists and for the individual — or, with the individual’s authorization, a member of their household — to use the new work or other subject-matter or to authorize an intermediary to disseminate it, if
(a) the use of, or the authorization to disseminate, the new work or other subject-matter is done solely for non-commercial purposes;
(b) the source — and, if given in the source, the name of the author, performer, maker or broadcaster — of the existing work or other subject-matter or copy of it are mentioned, if it is reasonable in the circumstances to do so;
(c) the individual had reasonable grounds to believe that the existing work or other subject-matter or copy of it, as the case may be, was not infringing copyright; and
(d) the use of, or the authorization to disseminate, the new work or other subject-matter does not have a substantial adverse effect, financial or otherwise, on the exploitation or potential exploitation of the existing work or other subject-matter — or copy of it — or on an existing or potential market for it, including that the new work or other subject-matter is not a substitute for the existing one.
Marginal note:Definitions
(2) The following definitions apply in subsection (1).
“intermediary”
« intermédiaire »
“intermediary” means a person or entity who regularly provides space or means for works or other subject-matter to be enjoyed by the public.
“use”
« utiliser »
“use” means to do anything that by this Act the owner of the copyright has the sole right to do, other than the right to authorize anything.
Reproduction for Private Purposes
Marginal note:Reproduction for private purposes
29.22 (1) It is not an infringement of copyright for an individual to reproduce a work or other subject-matter or any substantial part of a work or other subject-matter if
(a) the copy of the work or other subject-matter from which the reproduction is made is not an infringing copy;
(b) the individual legally obtained the copy of the work or other subject-matter from which the reproduction is made, other than by borrowing it or renting it, and owns or is authorized to use the medium or device on which it is reproduced;
(c) the individual, in order to make the reproduction, did not circumvent, as defined in section 41, a technological protection measure, as defined in that section, or cause one to be circumvented;
(d) the individual does not give the reproduction away; and
(e) the reproduction is used only for the individual’s private purposes.
Meaning of “medium or device”
(2) For the purposes of paragraph (1)(b), a “medium or device” includes digital memory in which a work or subject-matter may be stored for the purpose of allowing the telecommunication of the work or other subject-matter through the Internet or other digital network.
Marginal note:Limitation — audio recording medium
(3) In the case of a work or other subject-matter that is a musical work embodied in a sound recording, a performer’s performance of a musical work embodied in a sound recording or a sound recording in which a musical work or a performer’s performance of a musical work is embodied, subsection (1) does not apply if the reproduction is made onto an audio recording medium as defined in section 79.
Marginal note:Limitation — destruction of reproductions
(4) Subsection (1) does not apply if the individual gives away, rents or sells the copy of the work or other subject-matter from which the reproduction is made without first destroying all reproductions of that copy that the individual has made under that subsection.
Fixing Signals and Recording Programs for Later Listening or Viewing
Marginal note:Reproduction for later listening or viewing
29.23 (1) It is not an infringement of copyright for an individual to fix a communication signal, to reproduce a work or sound recording that is being broadcast or to fix or reproduce a performer’s performance that is being broadcast, in order to record a program for the purpose of listening to or viewing it later, if
(a) the individual receives the program legally;
(b) the individual, in order to record the program, did not circumvent, as defined in section 41, a technological protection measure, as defined in that section, or cause one to be circumvented;
(c) the individual makes no more than one recording of the program;
(d) the individual keeps the recording no longer than is reasonably necessary in order to listen to or view the program at a more convenient time;
(e) the individual does not give the recording away; and
(f) the recording is used only for the individual’s private purposes.
Marginal note:Limitation
(2) Subsection (1) does not apply if the individual receives the work, performer’s performance or sound recording under an on-demand service.
Marginal note:Definitions
(3) The following definitions apply in this section.
“broadcast”
« radiodiffusion »
“broadcast” means any transmission of a work or other subject-matter by telecommunication for reception by the public, but does not include a transmission that is made solely for performance in public.
“on-demand service”
« service sur demande »
“on-demand service” means a service that allows a person to receive works, performer’s performances and sound recordings at times of their choosing.
Backup Copies
Marginal note:Backup copies
29.24 (1) It is not an infringement of copyright in a work or other subject-matter for a person who owns — or has a licence to use — a copy of the work or subject-matter (in this section referred to as the “source copy”) to reproduce the source copy if
(a) the person does so solely for backup purposes in case the source copy is lost, damaged or otherwise rendered unusable;
(b) the source copy is not an infringing copy;
(c) the person, in order to make the reproduction, did not circumvent, as defined in section 41, a technological protection measure, as defined in that section, or cause one to be circumvented; and
(d) the person does not give any of the reproductions away.
Marginal note:Backup copy becomes source copy
(2) If the source copy is lost, damaged or otherwise rendered unusable, one of the reproductions made under subsection (1) becomes the source copy.
Marginal note:Destruction
(3) The person shall immediately destroy all reproductions made under subsection (1) after the person ceases to own, or to have a licence to use, the source copy.
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