GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Copyright Act — C-42
Marrakesh Treaty country means a country that is a party to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, done at Marrakesh on June 27, 2013. ( pays partie au Traité de Marrakech )
Copyright Act — C-42 (a)
print disability means a disability that prevents or inhibits a person from reading a literary, musical, artistic or dramatic work in its original format and includes such a disability resulting from (a) severe or total impairment of sight or the inability to focus or move one’s eyes; (b) the inability to hold or manipulate a book; or (c) an impairment relating to comprehension. ( déficience de lecture des imprimés )
Copyright Act — C-42 32.02
Definition of non-profit organization 32.02 In sections 32 and 32.01, non-profit organization includes a department, agency or other portion of any order of government, including a municipal or local government, when it is acting on a non-profit basis. 2016, c. 4, s. 3
Copyright Act — C-42 32.1
No infringement 32.1 (1) It is not an infringement of copyright for any person (a) to disclose, pursuant to the Access to Information Act , a record within the meaning of that Act, or to disclose, pursuant to any like Act of the legislature of a province, like material; (b) to disclose, pursuant to the Privacy Act , personal information within the meaning of that Act, or to disclose, pursuant to any like Act of the legislature of a province, like information; (c) to make a copy of an object referred to in section 14 of the Cultural Property Export and Import Act , for deposit in an institution pursuant to a direction under that section; and (d) to make a fixation or copy of a work or other subject-matter in order to comply with the Broadcasting Act or any rule, regulation or other instrument made under it. Limitation (2) Nothing in paragraph (1)(a) or (b) authorizes a person to whom a record or information is disclosed to do anything that, by this Act, only the owner of the copyright in the record, personal information or like information, as the case may be, has a right to do. Destruction of fixation or copy (3) Unless the Broadcasting Act otherwise provides, a person who makes a fixation or copy under paragraph (1)(d) shall destroy it immediately on the expiration of the period for which it must be kept pursuant to that Act, rule, regulation or other instrument. 1997, c. 24, s. 19
Copyright Act — C-42 32.2
Permitted acts 32.2 (1) It is not an infringement of copyright (a) for an author of an artistic work who is not the owner of the copyright in the work to use any mould, cast, sketch, plan, model or study made by the author for the purpose of the work, if the author does not thereby repeat or imitate the main design of the work; (b) for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work (i) an architectural work, provided the copy is not in the nature of an architectural drawing or plan, or (ii) a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building; (c) for any person to make or publish, for the purposes of news reporting or news summary, a report of a lecture given in public, unless the report is prohibited by conspicuous written or printed notice affixed before and maintained during the lecture at or about the main entrance of the building in which the lecture is given, and, except while the building is being used for public worship, in a position near the lecturer; (d) for any person to read or recite in public a reasonable extract from a published work; (e) for any person to make or publish, for the purposes of news reporting or news summary, a report of an address of a political nature given at a public meeting; or (f) for an individual to use for private or non-commercial purposes, or permit the use of for those purposes, a photograph or portrait that was commissioned by the individual for personal purposes and made for valuable consideration, unless the individual and the owner of the copyright in the photograph or portrait have agreed otherwise. Further permitted acts (2) It is not an infringement of copyright for a person to do any of the following acts without motive of gain at any agricultural or agricultural-industrial exhibition or fair that receives a grant from or is held by its directors under federal, provincial or municipal authority: (a) the live performance in public of a musical work; (b) the performance in public of a sound recording embodying a musical work or a performer’s performance of a musical work; or (c) the performance in public of a communication signal carrying (i) the live performance in public of a musical work, or (ii) a sound recording embodying a musical work or a performer’s performance of a musical work. Further permitted acts (3) No religious organization or institution, educational institution and no charitable or fraternal organization shall be held liable to pay any compensation for doing any of the following acts in furtherance of a religious, educational or charitable object: (a) the live performance in public of a musical work; (b) the performance in public of a sound recording embodying a musical work or a performer’s performance of a musical work; or (c) the performance in public of a communication signal carrying (i) the live performance in public of a musical work, or (ii) a sound recording embodying a musical work or a performer’s performance of a musical work. 1997, c. 24, s. 19; 2012, c. 20, s. 38
Copyright Act — C-42 32.3
No right to equitable remuneration 32.3 For the purposes of sections 29 to 32.2, an act that does not infringe copyright does not give rise to a right to remuneration conferred by section 19. 1997, c. 24, s. 19
Copyright Act — C-42 32.4
Certain rights and interests protected 32.4 (1) Notwithstanding section 27, where a person has, before the later of January 1, 1996 and the day on which a country becomes a WTO member, incurred an expenditure or liability in connection with, or in preparation for, the doing of an act that would have infringed copyright under section 26 commencing on the later of those days, had that country been a WTO member, any right or interest of that person that (a) arises from or in connection with the doing of that act, and (b) is subsisting and valuable on the later of those days is not prejudiced or diminished by reason only that that country has become a WTO member, except as provided by an order of the Board made under subsection 78(3). Compensation (2) Notwithstanding subsection (1), a person’s right or interest that is protected by that subsection terminates if and when the owner of the copyright pays that person such compensation as is agreed to between the parties or, failing agreement, as is determined by the Board in accordance with section 78. Limitation (3) Nothing in subsections (1) and (2) affects any right of a performer available in law or equity. 1997, c. 24, s. 19
Copyright Act — C-42 32.5
Certain rights and interests protected 32.5 (1) Notwithstanding section 27, where a person has, before the later of the coming into force of Part II and the day on which a country becomes a Rome Convention country, incurred an expenditure or liability in connection with, or in preparation for, the doing of an act that would have infringed copyright under section 15 or 21 commencing on the later of those days, had Part II been in force or had that country been a Rome Convention country, any right or interest of that person that (a) arises from or in connection with the doing of that act, and (b) is subsisting and valuable on the later of those days is not prejudiced or diminished by reason only that Part II has come into force or that the country has become a Rome Convention country, except as provided by an order of the Board made under subsection 78(3). Compensation (2) Notwithstanding subsection (1), a person’s right or interest that is protected by that subsection terminates if and when the owner of the copyright pays that person such compensation as is agreed to between the parties or, failing agreement, as is determined by the Board in accordance with section 78. Limitation (3) Nothing in subsections (1) and (2) affects any right of a performer available in law or equity. 1997, c. 24, s. 19
Copyright Act — C-42 32.6
Certain rights and interests protected 32.6 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) applies in respect of a particular performers’ performance or sound recording, incurred an expenditure or a liability in connection with, or in preparation for, the doing of an act that would, if done after that day, have infringed rights under that subsection, any right or interest of that person that arises from, or in connection with, the doing of that act and that is subsisting and valuable on that day is not, for two years after the day on which this section comes into force, prejudiced or diminished by reason only of the subsequent application of that subsection in respect of the performers’ performance or sound recording. 2012, c. 20, s. 39
Copyright Act — C-42 33
Certain rights and interests protected 33 (1) 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, 1996 and the day on which a country becomes a treaty country other than a WCT country, incurred an expenditure or liability in connection with, or in preparation for, the doing of an act that, if that country had been such a treaty country, would have infringed copyright in a work or moral rights in respect of a work, any right or interest of that person that arises from, or in connection with, the doing of that act and that is subsisting and valuable on the later of those days is not, except as provided by an order of the Board made under subsection 78(3), prejudiced or diminished by reason only of that country having become such a treaty country. Compensation (2) Notwithstanding subsection (1), a person’s right or interest that is protected by that subsection terminates, as against the copyright owner or author, if and when that copyright owner or the author, as the case may be, pays that person such compensation as is agreed to between the parties or, failing agreement, as is determined by the Board in accordance with section 78. R.S., 1985, c. C-42, s. 33; R.S., 1985, c. 10 (4th Supp.), s. 7; 1997, c. 24, s. 19; 2012, c. 20, s. 40
Copyright Act — C-42 33.1
Certain rights and interests protected 33.1 (1) 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 which this section comes into force and the day on which a country that is a treaty country but not a WCT country becomes a WCT country, incurred an expenditure or liability in connection with, or in preparation for, the doing of an act that, if that country had been a WCT country, would have infringed a right under paragraph 3(1)(j), any right or interest of that person that arises from, or in connection with, the doing of that act and that is subsisting and valuable on the later of those days is not, except as provided by an order of the Board made under subsection 78(3), prejudiced or diminished by reason only of that country having become a WCT country. Compensation (2) Despite subsection (1), a person’s right or interest that is protected by that subsection terminates as against the copyright owner if and when the owner pays the person any compensation that is agreed to between the parties or, failing agreement, that is determined by the Board in accordance with section 78. 2012, c. 20, s. 41
Copyright Act — C-42 33.2
Certain rights and interests protected 33.2 (1) 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 which this section comes into force and the day on which a country that is not a treaty country becomes a WCT country, incurred an expenditure or a liability in connection with, or in preparation for, the doing of an act that, if that country had been a WCT country, would have infringed copyright in a work or moral rights in respect of a work, any right or interest of that person that arises from, or in connection with, the doing of that act and that is subsisting and valuable on the later of those days is not, except as provided by an order of the Board made under subsection 78(3), prejudiced or diminished by reason only of that country having become a WCT country. Compensation (2) Despite subsection (1), a person’s right or interest that is protected by that subsection terminates as against the copyright owner if and when that owner pays the person any compensation that is agreed to between the parties or, failing agreement, that is determined by the Board in accordance with section 78. 2012, c. 20, s. 41
Copyright Act — C-42 34
Copyright 34 (1) Where copyright has been infringed, the owner of the copyright is, subject to this Act, entitled to all remedies by way of injunction, damages, accounts, delivery up and otherwise that are or may be conferred by law for the infringement of a right. Moral rights (2) In any proceedings for an infringement of moral rights, the court may grant to the holder of those rights all remedies by way of injunction, damages, accounts, delivery up and otherwise that are or may be conferred by law for the infringement of a right. Costs (3) The costs of all parties in any proceedings in respect of the infringement of a right conferred by this Act shall be in the discretion of the court. Summary proceedings (4) The following proceedings may be commenced or proceeded with by way of application or action and shall, in the case of an application, be heard and determined without delay and in a summary way: (a) proceedings for infringement of copyright or moral rights; (b) proceedings taken under section 44.12, 44.2 or 44.4; and (c) proceedings taken in respect of (i) a tariff approved by the Board under Part VII.1 or VIII, or (ii) agreements referred to in subsection 67(3). Practice and procedure (5) The rules of practice and procedure, in civil matters, of the court in which proceedings are commenced by way of application apply to those proceedings, but where those rules do not provide for the proceedings to be heard and determined without delay and in a summary way, the court may give such directions as it considers necessary in order to so provide. Actions (6) The court in which proceedings are instituted by way of application may, where it considers it appropriate, direct that the proceeding be proceeded with as an action. Meaning of application (7) In this section, application means a proceeding that is commenced other than by way of a writ or statement of claim. R.S., 1985, c. C-42, s. 34; R.S., 1985, c. 10 (4th Supp.), s. 8; 1993, c. 15, s. 3(E), c. 44, s. 65; 1994, c. 47, s. 62; 1997, c. 24, s. 20; 2012, c. 20, s. 43; 2014, c. 32, s. 6 2018, c. 27, s. 286
Copyright Act — C-42 34.1
Presumptions respecting copyright and ownership 34.1 (1) In any civil proceedings taken under this Act in which the defendant puts in issue either the existence of the copyright or the title of the plaintiff to it, (a) copyright shall be presumed, unless the contrary is proved, to subsist in the work, performer’s performance, sound recording or communication signal, as the case may be; and (b) the author, performer, maker or broadcaster, as the case may be, shall, unless the contrary is proved, be presumed to be the owner of the copyright. Where no grant registered (2) Where any matter referred to in subsection (1) is at issue and no assignment of the copyright, or licence granting an interest in the copyright, has been registered under this Act, (a) if a name purporting to be that of (i) the author of the work, (ii) the performer of the performer’s performance, (iii) the maker of the sound recording, or (iv) the broadcaster of the communication signal is printed or otherwise indicated thereon in the usual manner, the person whose name is so printed or indicated shall, unless the contrary is proved, be presumed to be the author, performer, maker or broadcaster; (b) if (i) no name is so printed or indicated, or if the name so printed or indicated is not the true name of the author, performer, maker or broadcaster or the name by which that person is commonly known, and (ii) a name purporting to be that of the publisher or owner of the work, performer’s performance, sound recording or communication signal is printed or otherwise indicated thereon in the usual manner, the person whose name is printed or indicated as described in subparagraph (ii) shall, unless the contrary is proved, be presumed to be the owner of the copyright in question; and (c) if, on a cinematographic work, a name purporting to be that of the maker of the cinematographic work appears in the usual manner, the person so named shall, unless the contrary is proved, be presumed to be the maker of the cinematographic work. 1997, c. 24, s. 20; 2012, c. 20, s. 44
Copyright Act — C-42 35
Liability for infringement 35 (1) Where a person infringes copyright, the person is liable to pay such damages to the owner of the copyright as the owner has suffered due to the infringement and, in addition to those damages, such part of the profits that the infringer has made from the infringement and that were not taken into account in calculating the damages as the court considers just. Proof of profits (2) In proving profits, (a) the plaintiff shall be required to prove only receipts or revenues derived from the infringement; and (b) the defendant shall be required to prove every element of cost that the defendant claims. R.S., 1985, c. C-42, s. 35; 1997, c. 24, s. 20
Copyright Act — C-42 38
Recovery of possession of copies, plates 38 (1) Subject to subsection (2), the owner of the copyright in a work or other subject-matter may (a) recover possession of all infringing copies of that work or other subject-matter, and of all plates used or intended to be used for the production of infringing copies, and (b) take proceedings for seizure of those copies or plates before judgment if, under the law of Canada or of the province in which those proceedings are taken, a person is entitled to take such proceedings, as if those copies or plates were the property of the copyright owner. Powers of court (2) On application by (a) a person from whom the copyright owner has recovered possession of copies or plates referred to in subsection (1), (b) a person against whom proceedings for seizure before judgment of copies or plates referred to in subsection (1) have been taken, or (c) any other person who has an interest in those copies or plates, a court may order that those copies or plates be destroyed, or may make any other order that it considers appropriate in the circumstances. Notice to interested persons (3) Before making an order under subsection (2), the court shall direct that notice be given to any person who has an interest in the copies or plates in question, unless the court is of the opinion that the interests of justice do not require such notice to be given. Circumstances court to consider (4) In making an order under subsection (2), the court shall have regard to all the circumstances, including (a) the proportion, importance and value of the infringing copy or plate, as compared to the substrate or carrier embodying it; and (b) the extent to which the infringing copy or plate is severable from, or a distinct part of, the substrate or carrier embodying it. Limitation (5) Nothing in this Act entitles the copyright owner to damages in respect of the possession or conversion of the infringing copies or plates. R.S., 1985, c. C-42, s. 38; 1997, c. 24, s. 20
Copyright Act — C-42 38.1
f statutory damages in respect of such acts in a sum of not less than three and not more than ten times the amount of the applicable royalties, as the court considers just. Acts for the purposes of subsection (4) (4.1) Subsection (4) applies with respect to the following acts: (a) the performance in public of musical works or dramatico-musical works, of performer’s performances of such works, or of sound recordings embodying such works or performances; and (b) the communication to the public by telecommunication of musical works or dramatico-musical works, other than as described in subsection 31(2), of performer’s performances of such works, or of sound recordings embodying such works or performances. Factors to consider (5) In exercising its discretion under subsections (1) to (4), the court shall consider all relevant factors, including (a) the good faith or bad faith of the defendant; (b) the conduct of the parties before and during the proceedings; (c) the need to deter other infringements of the copyright in question; and (d) in the case of infringements for non-commercial purposes, the need for an award to be proportionate to the infringements, in consideration of the hardship the award may cause to the defendant, whether the infringement was for private purposes or not, and the impact of the infringements on the plaintiff. No award (6) No statutory damages may be awarded against (a) an educational institution or a person acting under its authority that has committed an act referred to in section 29.6 or 29.7 and has not paid any royalties or complied with any terms and conditions fixed under this Act in relation to the commission of the act; (b) an educational institution, library, archive or museum that is sued in the circumstances referred to in section 38.2; (c) a person who infringes copyright under paragraph 27(2)(e) or section 27.1, where the copy in question was made with the consent of the copyright owner in the country where the copy was made; or (d) an educational institution that is sued in the circumstances referred to in subsection 30.02(7) or a person acting under its authority who is sued in the circumstances referred to in subsection 30.02(8). Exemplary or punitive damages not affected (7) An election under subsection (1) does not affect any right that the copyright owner may have to exemplary or punitive damages. 1997, c. 24, s. 20; 2012, c. 20, s. 46 2018, c. 27, s. 287
Copyright Act — C-42 38.2
Maximum amount that may be recovered 38.2 (1) An owner of copyright in a work who has not authorized a collective society to authorize its reprographic reproduction may recover, in proceedings against an educational institution, library, archive or museum that has reproduced the work, a maximum amount equal to the amount of royalties that would have been payable to the society in respect of the reprographic reproduction, if it were authorized, either (a) under any agreement entered into with the collective society; or (b) under a tariff approved by the Board under section 70. Agreements with more than one collective society (2) Where agreements respecting reprographic reproduction have been signed with more than one collective society or where more than one tariff applies or where both agreements and tariffs apply, the maximum amount that the copyright owner may recover is the largest amount of the royalties provided for in any of those agreements or tariffs. Application (3) Subsections (1) and (2) apply only where (a) the collective society is entitled to authorize, or the tariff provides for the payment of royalties in respect of, the reprographic reproduction of that category of work; and (b) copying of that general nature and extent is covered by the agreement or tariff. 1997, c. 24, s. 20 2018, c. 27, s. 288