GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Copyright Act — C-42 39
Injunction only remedy when defendant not aware of copyright 39 (1) Subject to subsection (2), in any proceedings for infringement of copyright, the plaintiff is not entitled to any remedy other than an injunction in respect of the infringement if the defendant proves that, at the date of the infringement, the defendant was not aware and had no reasonable ground for suspecting that copyright subsisted in the work or other subject-matter in question. Exception where copyright registered (2) Subsection (1) does not apply if, at the date of the infringement, the copyright was duly registered under this Act. R.S., 1985, c. C-42, s. 39; 1997, c. 24, s. 20
Copyright Act — C-42 39.1
Wide injunction 39.1 (1) When granting an injunction in respect of an infringement of copyright in a work or other subject-matter, the court may further enjoin the defendant from infringing the copyright in any other work or subject-matter if (a) the plaintiff is the owner of the copyright or the person to whom an interest in the copyright has been granted by licence; and (b) the plaintiff satisfies the court that the defendant will likely infringe the copyright in those other works or subject-matter unless enjoined by the court from doing so. Application of injunction (2) An injunction granted under subsection (1) may extend to works or other subject-matter (a) in respect of which the plaintiff was not, at the time the proceedings were commenced, the owner of the copyright or the person to whom an interest in the copyright has been granted by licence; or (b) that did not exist at the time the proceedings were commenced. 1997, c. 24, s. 20
Copyright Act — C-42 40
No injunction in case of a building 40 (1) Where the construction of a building or other structure that infringes or that, if completed, would infringe the copyright in some other work has been commenced, the owner of the copyright is not entitled to obtain an injunction in respect of the construction of that building or structure or to order its demolition. Certain remedies inapplicable (2) Sections 38 and 42 do not apply in any case in respect of which subsection (1) applies. R.S., 1985, c. C-42, s. 40; 1997, c. 24, s. 21
Copyright Act — C-42 41
Definitions 41 The following definitions apply in this section and in sections 41.1 to 41.21. circumvent means, (a) in respect of a technological protection measure within the meaning of paragraph (a) of the definition technological protection measure , to descramble a scrambled work or computer program, or decrypt an encrypted work or computer program or to otherwise avoid, bypass, remove, deactivate or impair the technological protection measure, unless it is done with the authority of the copyright owner; and (b) in respect of a technological protection measure within the meaning of paragraph (b) of the definition technological protection measure , to avoid, bypass, remove, deactivate or impair the technological protection measure. ( contourner ) technological protection measure means any effective technology, device or component that, in the ordinary course of its operation, (a) controls access to a work, including a computer program, to a performer’s performance fixed in a sound recording or to a sound recording and whose use is authorized by the copyright owner; (b) restricts the doing — with respect to a work, to a performer’s performance fixed in a sound recording or to a sound recording — of any act referred to in section 3, 15 or 18 and any act for which remuneration is payable under section 19. ( mesure technique de protection ) R.S., 1985, c. C-42, s. 41; R.S., 1985, c. 10 (4th Supp.), s. 9; 1997, c. 24, s. 22; 2012, c. 20, s. 47 2024, c. 26, s. 1
Copyright Act — C-42 (a)
circumvent means, (a) in respect of a technological protection measure within the meaning of paragraph (a) of the definition technological protection measure , to descramble a scrambled work or computer program, or decrypt an encrypted work or computer program or to otherwise avoid, bypass, remove, deactivate or impair the technological protection measure, unless it is done with the authority of the copyright owner; and (b) in respect of a technological protection measure within the meaning of paragraph (b) of the definition technological protection measure , to avoid, bypass, remove, deactivate or impair the technological protection measure. ( contourner )
Copyright Act — C-42 (a)
technological protection measure means any effective technology, device or component that, in the ordinary course of its operation, (a) controls access to a work, including a computer program, to a performer’s performance fixed in a sound recording or to a sound recording and whose use is authorized by the copyright owner; (b) restricts the doing — with respect to a work, to a performer’s performance fixed in a sound recording or to a sound recording — of any act referred to in section 3, 15 or 18 and any act for which remuneration is payable under section 19. ( mesure technique de protection )
Copyright Act — C-42 41.1
Prohibition 41.1 (1) No person shall (a) circumvent a technological protection measure within the meaning of paragraph (a) of the definition technological protection measure in section 41; (b) offer services to the public or provide services if (i) the services are offered or provided primarily for the purposes of circumventing a technological protection measure, (ii) the uses or purposes of those services are not commercially significant other than when they are offered or provided for the purposes of circumventing a technological protection measure, or (iii) the person markets those services as being for the purposes of circumventing a technological protection measure or acts in concert with another person in order to market those services as being for those purposes; or (c) manufacture, import, distribute, offer for sale or rental or provide — including by selling or renting — any technology, device or component if (i) the technology, device or component is designed or produced primarily for the purposes of circumventing a technological protection measure, (ii) the uses or purposes of the technology, device or component are not commercially significant other than when it is used for the purposes of circumventing a technological protection measure, or (iii) the person markets the technology, device or component as being for the purposes of circumventing a technological protection measure or acts in concert with another person in order to market the technology, device or component as being for those purposes. Circumvention of technological protection measure (2) The owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording in respect of which paragraph (1)(a) has been contravened is, subject to this Act and any regulations made under section 41.21, 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 copyright against the person who contravened that paragraph. No statutory damages (3) The owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording in respect of which paragraph (1)(a) has been contravened may not elect under section 38.1 to recover statutory damages from an individual who contravened that paragraph only for his or her own private purposes. Services, technology, device or component (4) Every owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording in respect of which a technological protection measure has been or could be circumvented as a result of the contravention of paragraph (1)(b) or (c) is, subject to this Act and any regulations made under section 41.21, 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 copyright against the person who contravened paragraph (1)(b) or (c). 2012, c. 20, s. 47
Copyright Act — C-42 41.11
Law enforcement and national security 41.11 (1) Paragraph 41.1(1)(a) does not apply if a technological protection measure is circumvented for the purposes of an investigation related to the enforcement of any Act of Parliament or any Act of the legislature of a province, or for the purposes of activities related to the protection of national security. Services (2) Paragraph 41.1(1)(b) does not apply if the services are provided by or for the persons responsible for carrying out such an investigation or such activities. Technology, device or component (3) Paragraph 41.1(1)(c) does not apply if the technology, device or component is manufactured, imported or provided by the persons responsible for carrying out such an investigation or such activities, or is manufactured, imported, provided or offered for sale or rental as a service provided to those persons. 2012, c. 20, s. 47
Copyright Act — C-42 41.121
Diagnosis, maintenance and repair 41.121 (1) Paragraph 41.1(1)(a) does not apply to a person who circumvents a technological protection measure for the sole purpose of maintaining or repairing a product, including any related diagnosing, if the work, performer’s performance fixed in a sound recording or sound recording to which the technological protection measure controls access forms a part of the product. For greater certainty (2) For greater certainty, subsection (1) applies to a person who circumvents a technological protection measure in the circumstances referred to in that subsection for another person. Non-application (3) A person acting in the circumstances referred to in subsection (1) is not entitled to benefit from the exception under that subsection if the person does an act that constitutes an infringement of copyright. 2024, c. 26, s. 2
Copyright Act — C-42 41.13
Encryption research 41.13 (1) Paragraph 41.1(1)(a) does not apply to a person who, for the purposes of encryption research, circumvents a technological protection measure by means of decryption if (a) it would not be practical to carry out the research without circumventing the technological protection measure; (b) the person has lawfully obtained the work, the performer’s performance fixed in a sound recording or the sound recording that is protected by the technological protection measure; and (c) the person has informed the owner of the copyright in the work, the performer’s performance fixed in a sound recording or the sound recording who has applied the technological protection measure. Non-application (2) However, a person acting in the circumstances referred to in subsection (1) is not entitled to benefit from the exception under that subsection if the person does an act that constitutes an infringement of copyright or an act that contravenes any Act of Parliament or any Act of the legislature of a province. Technology, device or component (3) Paragraph 41.1(1)(c) does not apply to a person referred to in subsection (1) who manufactures a technology, device or component for the purposes of circumventing a technological protection measure that is subject to paragraph 41.1(1)(a) if the person does so for the purpose of encryption research and (a) uses that technology, device or component only for that purpose; or (b) provides that technology, device or component only for that purpose to another person who is collaborating with the person. 2012, c. 20, s. 47
Copyright Act — C-42 41.14
Personal information 41.14 (1) Paragraph 41.1(1)(a) does not apply to a person who circumvents a technological protection measure if (a) the work, performer’s performance fixed in a sound recording or sound recording that is protected by the technological protection measure is not accompanied by a notice indicating that its use will permit a third party to collect and communicate personal information relating to the user or, in the case where it is accompanied by such a notice, the user is not provided with the option to prevent the collection and communication of personal information without the user’s use of it being restricted; and (b) the only purpose of circumventing the technological protection measure is to verify whether it permits the collection or communication of personal information and, if it does, to prevent it. Services, technology, device or component (2) Paragraphs 41.1(1)(b) and (c) do not apply to a person who offers services to the public or provides services, or manufactures, imports or provides a technology, device or component, for the purposes of circumventing a technological protection measure in accordance with subsection (1), to the extent that the services, technology, device or component do not unduly impair the technological protection measure. 2012, c. 20, s. 47
Copyright Act — C-42 41.15
Security 41.15 (1) 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 purpose of, with the consent of the owner or administrator of a computer, computer system or computer network, assessing the vulnerability of the computer, system or network or correcting any security flaws. Services (2) Paragraph 41.1(1)(b) does not apply if the services are provided to a person described in subsection (1). Technology, device or component (3) Paragraph 41.1(1)(c) does not apply if the technology, device or component is manufactured or imported by a person described in subsection (1), or is manufactured, imported, provided — including by selling or renting — offered for sale or rental or distributed as a service provided to that person. Non-application (4) A person acting in the circumstances referred to in subsection (1) is not entitled to benefit from the exception under that subsection if the person does an act that constitutes an infringement of copyright or an act that contravenes any Act of Parliament or any Act of the legislature of a province. 2012, c. 20, s. 47
Copyright Act — C-42 41.16
Persons with perceptual disabilities 41.16 (1) Paragraph 41.1(1)(a) does not apply to a person with a perceptual disability, to another person acting at their request or to a non-profit organization, as defined in section 32.02, acting for their benefit, if that person or organization circumvents a technological protection measure solely for one or more of the following purposes: (a) to make a work, a performer’s performance fixed in a sound recording or a sound recording perceptible to the person with a perceptual disability; (b) to permit a person, or a non-profit organization referred to in subsection 32(1), to benefit from the exception set out in section 32; (c) to permit a non-profit organization referred to in subsection 32.01(1) to benefit from the exception set out in section 32.01. Services, technology, device or component (2) Paragraphs 41.1(1)(b) and (c) do not apply to a person who offers or provides services to persons or non-profit organizations referred to in subsection (1) or who manufactures, imports or provides a technology, device or component, for the sole purpose of enabling those persons or non-profit organizations to circumvent a technological protection measure in accordance with that subsection. 2012, c. 20, s. 47; 2016, c. 4, s. 4
Copyright Act — C-42 41.17
Broadcasting undertakings 41.17 Paragraph 41.1(1)(a) does not apply to a broadcasting undertaking that circumvents a technological protection measure for the sole purpose of making an ephemeral reproduction of a work, a performer’s performance fixed in a sound recording or a sound recording in accordance with section 30.9, unless the owner of the copyright in the work, the performer’s performance fixed in a sound recording or the sound recording that is protected by the technological protection measure makes available the necessary means to enable the making of such a reproduction in a timely manner in light of the broadcasting undertaking’s business requirements. 2012, c. 20, s. 47
Copyright Act — C-42 41.18
Radio apparatus 41.18 (1) 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 gaining access to a telecommunications service by means of the radio apparatus. Services or technology, device or component (2) Paragraphs 41.1(1)(b) and (c) do not apply to a person who offers the services to the public or provides the services, or manufactures, imports or provides the technology, device or component, for the sole purpose of facilitating access to a telecommunications service by means of a radio apparatus. Definitions (3) The following definitions apply in this section. radio apparatus has the same meaning as in section 2 of the Radiocommunication Act . ( appareil radio ) telecommunications service has the same meaning as in subsection 2(1) of the Telecommunications Act . ( service de télécommunication ) 2012, c. 20, s. 47
Copyright Act — C-42
radio apparatus has the same meaning as in section 2 of the Radiocommunication Act . ( appareil radio )
Copyright Act — C-42
telecommunications service has the same meaning as in subsection 2(1) of the Telecommunications Act . ( service de télécommunication )
Copyright Act — C-42 41.19
Reduction of damages 41.19 A court may reduce or remit the amount of damages it awards in the circumstances described in subsection 41.1(1) if the defendant satisfies the court that the defendant was not aware, and had no reasonable grounds to believe, that the defendant’s acts constituted a contravention of that subsection. 2012, c. 20, s. 47
Copyright Act — C-42 41.2
Injunction only remedy 41.2 If a court finds that a defendant that is a library, archive or museum or an educational institution has contravened subsection 41.1(1) and the defendant satisfies the court that it was not aware, and had no reasonable grounds to believe, that its actions constituted a contravention of that subsection, the plaintiff is not entitled to any remedy other than an injunction. 2012, c. 20, s. 47
Copyright Act — C-42 41.21
Regulations 41.21 (1) The Governor in Council may make regulations excluding from the application of section 41.1 any technological protection measure that protects a work, a performer’s performance fixed in a sound recording or a sound recording, or classes of them, or any class of such technological protection measures, if the Governor in Council considers that the application of that section to the technological protection measure or class of technological protection measures would unduly restrict competition in the aftermarket sector in which the technological protection measure is used. Regulations (2) The Governor in Council may make regulations (a) prescribing additional circumstances in which paragraph 41.1(1)(a) does not apply, having regard to the following factors: (i) whether not being permitted to circumvent a technological protection measure that is subject to that paragraph could adversely affect the use a person may make of a work, a performer’s performance fixed in a sound recording or a sound recording when that use is authorized, (ii) whether the work, the performer’s performance fixed in a sound recording or the sound recording is commercially available, (iii) whether not being permitted to circumvent a technological protection measure that is subject to that paragraph could adversely affect criticism, review, news reporting, commentary, parody, satire, teaching, scholarship or research that could be made or done in respect of the work, the performer’s performance fixed in a sound recording or the sound recording, (iv) whether being permitted to circumvent a technological protection measure that is subject to that paragraph could adversely affect the market for the work, the performer’s performance fixed in a sound recording or the sound recording or its market value, (v) whether the work, the performer’s performance fixed in a sound recording or the sound recording is commercially available in a medium and in a quality that is appropriate for non-profit archival, preservation or educational uses, and (vi) any other relevant factor; and (b) requiring the owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording that is protected by a technological protection measure to provide access to the work, performer’s performance fixed in a sound recording or sound recording to persons who are entitled to the benefit of any of the limitations on the application of paragraph 41.1(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 well as any conditions that the owner of the copyright is to comply with. 2012, c. 20, s. 47
Copyright Act — C-42 41.22
Prohibition — rights management information 41.22 (1) No person shall knowingly remove or alter any rights management information in electronic form without the consent of the owner of the copyright in the work, the performer’s performance or the sound recording, if the person knows or should have known 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. Removal or alteration of rights management information (2) The owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording 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 copyright against a person who contravenes subsection (1). Subsequent acts (3) The copyright owner referred to in subsection (2) has the same remedies against a person who, without the owner’s consent, knowingly does any of the following acts with respect to any material form of the work, the performer’s performance fixed in a sound recording or the sound recording and knows or should have known that the rights management information has been removed or altered in a way that would give rise to a remedy under that subsection: (a) sells it or rents it out; (b) distributes it to an extent that the copyright owner is prejudicially affected; (c) by way of trade, distributes it, exposes or offers it for sale or rental or exhibits it in public; (d) imports it into Canada for the purpose of doing anything referred to in any of paragraphs (a) to (c); or (e) communicates it to the public by telecommunication. Definition of rights management information (4) In this section, rights management information means information that (a) is attached to or embodied in a copy of a work, a performer’s performance fixed in a sound recording or a sound recording, or appears in connection with its communication to the public by telecommunication; and (b) identifies or permits the identification of the work or its author, the performance or its performer, the sound recording or its maker or the holder of any rights in the work, the performance or the sound recording, or concerns the terms or conditions of the work’s, performance’s or sound recording’s use. 2012, c. 20, s. 47