Copyright Act (R.S.C., 1985, c. C-42)

Criminal Remedies

Marginal note:Offences

• 42 (1) Every person commits an offence who knowingly

  • (a) makes for sale or rental an infringing copy of a work or other subject-matter in which copyright subsists;

  • (b) sells or rents out, or by way of trade exposes or offers for sale or rental, an infringing copy of a work or other subject-matter in which copyright subsists;

  • (c) distributes infringing copies of a work or other subject-matter in which copyright subsists, either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright;

  • (d) by way of trade exhibits in public an infringing copy of a work or other subject-matter in which copyright subsists;

  • (e) possesses, for sale, rental, distribution for the purpose of trade or exhibition in public by way of trade, an infringing copy of a work or other subject-matter in which copyright subsists;

  • (f) imports, for sale or rental, into Canada any infringing copy of a work or other subject-matter in which copyright subsists; or

  • (g) exports or attempts to export, for sale or rental, an infringing copy of a work or other subject-matter in which copyright subsists.

• Marginal note:Possession and performance offences

  (2) Every person commits an offence who knowingly

  • (a) makes or possesses any plate that is specifically designed or adapted for the purpose of making infringing copies of any work or other subject-matter in which copyright subsists; or

  • (b) for private profit causes to be performed in public, without the consent of the owner of the copyright, any work or other subject-matter in which copyright subsists.

• Marginal note:Punishment

  (2.1) Every person who commits an offence under subsection (1) or (2) is liable

  • (a) 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; or

  • (b) on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than six months or to both.

• Marginal note:Power of court to deal with copies or plates

  (3) The court before which any proceedings under this section are taken may, on conviction, order that all copies of the work or other subject-matter that appear to it to be infringing copies, or all plates in the possession of the offender predominantly used for making infringing copies, be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.

• Marginal note:Notice

  (3.01) Before making an order under subsection (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 have a right or interest in them, unless the court is of the opinion that the interests of justice do not require that the notice be given.

• Marginal note:Circumvention of technological protection measure

  (3.1) Every person, except a person who is acting on behalf of a library, archive or museum or an educational institution, is guilty of an offence who knowingly and for commercial purposes contravenes section 41.1 and is liable

  • (a) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years or to both; or

  • (b) on summary conviction, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding six months or to both.

• Marginal note:Offence — infringement related to rights management information

  (3.2) Every person, except a person who is acting on behalf of a library, archive or museum or an educational institution, commits an offence who knowingly and for commercial purposes

  • (a) removes or alters any rights management information in electronic form without the consent of the owner of the copyright in the work, the performer’s performance fixed in a sound recording or the sound recording, if the person knows that the removal or alteration will facilitate or conceal any infringement of the owner’s copyright or adversely affect the owner’s right to remuneration under section 19; or

  • (b) does any of the acts referred to in paragraphs 41.22(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 consent of the owner of the copyright and knows that

    • (i) the rights management information in electronic form has been removed or altered without the consent of the owner of the copyright, and

    • (ii) the removal or alteration will facilitate or conceal any infringement of the owner’s copyright or adversely affect the owner’s right to remuneration under section 19.

• Marginal note:Punishment

  (3.3) Every person who commits an offence under subsection (3.2) is liable

  • (a) 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; or

  • (b) on summary conviction to a fine of not more than $25,000 or to imprisonment for a term of not more than six months or to both.

• Marginal note:Definition of rights management information

  (3.4) In subsection (3.2), rights management information has the same meaning as in subsection 41.22(4).

• Marginal note:Limitation period

  (4) Proceedings by summary conviction in respect of an offence under this section may be instituted at any time within, but not later than, two years after the time when the offence was committed.

• Marginal note:Parallel importation

  (5) For the purposes of this section, a copy of a work or other subject-matter is not infringing if the copy was made with the consent of the owner of the copyright in the country where the copy was made.

Marginal note:Infringement in case of dramatic, operatic or musical work

• 43 (1) Any person who, without the written consent of the owner of the copyright or of the legal representative of the owner, knowingly performs or causes to be performed in public and for private profit the whole or any part, constituting an infringement, of any dramatic or operatic work or musical composition in which copyright subsists in Canada is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred and fifty dollars and, in the case of a second or subsequent offence, either to that fine or to imprisonment for a term not exceeding two months or to both.

• Marginal note:Change or suppression of title or author’s name

  (2) Any person who makes or causes to be made any change in or suppression of the title, or the name of the author, of any dramatic or operatic work or musical composition in which copyright subsists in Canada, or who makes or causes to be made any change in the work or composition itself without the written consent of the author or of his legal representative, in order that the work or composition may be performed in whole or in part in public for private profit, is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars and, in the case of a second or subsequent offence, either to that fine or to imprisonment for a term not exceeding four months or to both.

Limitation or Prescription Period

Marginal note:Limitation or prescription period for civil remedies

• 43.1 (1) Subject to subsection (2), a court may award a remedy for any act or omission that has been done contrary to this Act only if

  • (a) the proceedings for the act or omission giving rise to a remedy are commenced within three years after it occurred, in the case where the plaintiff knew, or could reasonably have been expected to know, of the act or omission at the time it occurred; or

  • (b) the proceedings for the act or omission giving rise to a remedy are commenced within three years after the time when the plaintiff first knew of it, or could reasonably have been expected to know of it, in the case where the plaintiff did not know, and could not reasonably have been expected to know, of the act or omission at the time it occurred.

• Marginal note:Restriction

  (2) The court shall apply the limitation or prescription period set out in paragraph (1)(a) or (b) only in respect of a party who pleads a limitation period.

Importation and Exportation

Interpretation

Marginal note:Definitions

44 The following definitions apply in sections 44.02 to 44.4.

court

court means the Federal Court or the superior court of a province. (tribunal)

customs officer

customs officer has the meaning assigned by the definition officer in subsection 2(1) of the Customs Act. (agent des douanes)

duties

duties has the same meaning as in subsection 2(1) of the Customs Act. (droits)

Minister

Minister means the Minister of Public Safety and Emergency Preparedness. (ministre)

release

release has the same meaning as in subsection 2(1) of the Customs Act. (dédouane­ment)

working day

working day means a day other than a Saturday or a holiday. (jour ouvrable)

Prohibition and Detention by Customs Officer

Prohibition

Marginal note:Prohibition on importation or exportation

• 44.01 (1) Copies of a work or other subject-matter in which copyright subsists shall not be imported or exported if

  • (a) they were made without the consent of the owner of the copyright in the country where they were made; and

  • (b) they infringe copyright or, if they were not made in Canada, they would infringe copyright had they been made in Canada by the person who made them.

• Marginal note:Exception

  (2) Subsection (1) does not apply to copies that are imported or exported by an individual in their possession or baggage if the circumstances, including the number of copies, indicate that the copies are intended only for their personal use.

Request for Assistance

Marginal note:Request for assistance

• 44.02 (1) 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 request for assistance in pursuing remedies under this Act with respect to copies imported or exported in contravention of section 44.01.

• Marginal note:Information in request

  (2) The request for assistance shall include the copyright owner’s name and address in Canada and any other information that is required by the Minister, including information about the work or other subject-matter in question.

• Marginal note:Validity period

  (3) A request for assistance is valid for a period of two years beginning on the day on which it is accepted by the Minister. The Minister may, at the request of the copyright owner, extend the period for two years, and may do so more than once.

• Marginal note:Security

  (4) The Minister may, as a condition of accepting a request for assistance or of extending a request’s period of validity, require that the copyright owner furnish security, in an amount and form fixed by the Minister, for the payment of an amount for which the copyright owner becomes liable under section 44.07.

• Marginal note:Update

  (5) The copyright owner shall inform the Minister in writing, as soon as practicable, of any changes to

  • (a) the subsistence of the copyright that is the subject of the request for assistance; or

  • (b) the ownership of that copyright.

Measures Relating to Detained Copies

Marginal note:Provision of information by customs officer

44.03 A customs officer who is detaining copies of a work or other subject-matter under section 101 of the Customs Act may, in the officer’s discretion, to obtain information about whether the importation or exportation of the copies is prohibited under section 44.01, provide the owner of copyright in that work or subject-matter with a sample of the copies and with any information about the copies that the customs officer reasonably believes does not directly or indirectly identify any person.

Marginal note:Provision of information to pursue remedy

• 44.04 (1) A customs officer who is detaining copies of a work or other subject-matter under section 101 of the Customs Act and who has reasonable grounds to suspect that the importation or exportation of the copies is prohibited under section 44.01 may, in the officer’s discretion, if the Minister has accepted a request for assistance with respect to the work or subject-matter filed by the owner of copyright in it, provide that owner with a sample of the copies and with information about the copies that could assist them in pursuing a remedy under this Act, such as

  • (a) a description of the copies and of their characteristics;

  • (b) the name and address of their owner, importer, exporter and consignee and of the person who made them and of any other person involved in their movement;

  • (c) their quantity;

  • (d) the countries in which they were made and through which they passed in transit; and

  • (e) the day on which they were imported, if applicable.

• Marginal note:Detention

  (2) Subject to subsection (3), the customs officer shall not detain, for the purpose of enforcing section 44.01, the copies for more than 10 working days  —  or, if the copies are perishable, for more than five days  —  after the day on which the customs officer first sends or makes available a sample or information to the copyright owner under subsection (1). At the request of the copyright owner made while the copies are detained for the purpose of enforcing section 44.01, the customs officer may, having regard to the circumstances, detain non-perishable copies for one additional period of not more than 10 working days.

• Marginal note:Notice of proceedings

  (3) If, before the copies are no longer detained for the purpose of enforcing section 44.01, the owner of copyright has provided the Minister, in the manner specified by the Minister, with a copy of a document filed with a court commencing proceedings to obtain a remedy under this Act with respect to the detained copies, the customs officer shall continue to detain them until the Minister is informed in writing that

  • (a) the proceedings are finally disposed of, settled or abandoned;

  • (b) a court directs that the copies are no longer to be detained for the purpose of the proceedings; or

  • (c) the copyright owner consents to the copies no longer being so detained.

• Marginal note:Continued detention

  (4) The occurrence of any of the events referred to in paragraphs (3)(a) to (c) does not preclude a customs officer from continuing to detain the copies under the Customs Act for a purpose other than the proceedings.