GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Copyright Act — C-42 41.23
Protection of separate rights 41.23 (1) Subject to this section, the owner of any copyright, or any person or persons deriving any right, title or interest by assignment or grant in writing from the owner, may individually for himself or herself, as a party to the proceedings in his or her own name, protect and enforce any right that he or she holds, and, to the extent of that right, title and interest, is entitled to the remedies provided by this Act. Copyright owner to be made party (2) If proceedings under subsection (1) are taken by a person other than the copyright owner, the copyright owner shall be made a party to those proceedings, except (a) in the case of proceedings taken under section 44.12, 44.2 or 44.4; (b) in the case of interlocutory proceedings, unless the court is of the opinion that the interests of justice require the copyright owner to be a party; and (c) in any other case in which the court is of the opinion that the interests of justice do not require the copyright owner to be a party. Owner’s liability for costs (3) A copyright owner who is made a party to proceedings under subsection (2) is not liable for any costs unless the copyright owner takes part in the proceedings. Apportionment of damages, profits (4) If a copyright owner is made a party to proceedings under subsection (2), the court, in awarding damages or profits, shall, subject to any agreement between the person who took the proceedings and the copyright owner, apportion the damages or profits referred to in subsection 35(1) between them as the court considers appropriate. 2012, c. 20, s. 47; 2014, c. 32, s. 6
Copyright Act — C-42 41.24
Concurrent jurisdiction of Federal Court 41.24 The Federal Court has concurrent jurisdiction with provincial courts to hear and determine all proceedings, other than the prosecution of offences under sections 42 and 43, for the enforcement of a provision of this Act or of the civil remedies provided by this Act. 2012, c. 20, s. 47
Copyright Act — C-42 41.25
Notice of claimed infringement 41.25 (1) An owner of the copyright in a work or other subject-matter may send a notice of claimed infringement to a person who provides (a) the means, in the course of providing services related to the operation of the Internet or another digital network, of telecommunication through which the electronic location that is the subject of the claim of infringement is connected to the Internet or another digital network; (b) for the purpose set out in subsection 31.1(4), the digital memory that is used for the electronic location to which the claim of infringement relates; or (c) an information location tool as defined in subsection 41.27(5). Form and content of notice (2) A notice of claimed infringement shall be in writing in the form, if any, prescribed by regulation and shall (a) state the claimant’s name and address and any other particulars prescribed by regulation that enable communication with the claimant; (b) identify the work or other subject-matter to which the claimed infringement relates; (c) state the claimant’s interest or right with respect to the copyright in the work or other subject-matter; (d) specify the location data for the electronic location to which the claimed infringement relates; (e) specify the infringement that is claimed; (f) specify the date and time of the commission of the claimed infringement; and (g) contain any other information that may be prescribed by regulation. Prohibited content (3) A notice of claimed infringement shall not contain (a) an offer to settle the claimed infringement; (b) a request or demand, made in relation to the claimed infringement, for payment or for personal information; (c) a reference, including by way of hyperlink, to such an offer, request or demand; and (d) any other information that may be prescribed by regulation. 2012, c. 20, s. 47; 2018, c. 27, s. 243
Copyright Act — C-42 41.26
Obligations related to notice 41.26 (1) A person described in paragraph 41.25(1)(a) or (b) who receives a notice of claimed infringement that complies with subsections 41.25(2) and (3) shall, on being paid any fee that the person has lawfully charged for doing so, (a) as soon as feasible forward the notice electronically to the person to whom the electronic location identified by the location data specified in the notice belongs and inform the claimant of its forwarding or, if applicable, of the reason why it was not possible to forward it; and (b) retain records that will allow the identity of the person to whom the electronic location belongs to be determined, and do so for six months beginning on the day on which the notice of claimed infringement is received or, if the claimant commences proceedings relating to the claimed infringement and so notifies the person before the end of those six months, for one year after the day on which the person receives the notice of claimed infringement. Fees related to notices (2) The Minister may, by regulation, fix the maximum fee that a person may charge for performing his or her obligations under subsection (1). If no maximum is fixed by regulation, the person may not charge any amount under that subsection. Damages related to notices (3) A claimant’s only remedy against a person who fails to perform his or her obligations under subsection (1) is statutory damages in an amount that the court considers just, but not less than $5,000 and not more than $10,000. Regulations — change of amounts (4) The Governor in Council may, by regulation, increase or decrease the minimum or maximum amount of statutory damages set out in subsection (3). 2012, c. 20, s. 47; 2018, c. 27, s. 244
Copyright Act — C-42 42
 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. 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. Definition of rights management information (3.4) In subsection (3.2), rights management information has the same meaning as in subsection 41.22(4). 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. 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. R.S., 1985, c. C-42, s. 42; R.S., 1985, c. 10 (4th Supp.), s. 10; 1997, c. 24, s. 24; 2012, c. 20, s. 48; 2014, c. 32, s. 4 2020, c. 1, s. 30
Copyright Act — C-42 43
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. 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. R.S., c. C-30, s. 26
Copyright Act — C-42 43.1
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. 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. 1994, c. 47, s. 64; 1997, c. 24, s. 25; 2012, c. 20, s. 49
Copyright Act — C-42 44
Definitions 44 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 officer has the meaning assigned by the definition officer in subsection 2(1) of the Customs Act . ( agent des douanes ) duties has the same meaning as in subsection 2(1) of the Customs Act . ( droits ) Minister means the Minister of Public Safety and Emergency Preparedness. ( ministre ) release has the same meaning as in subsection 2(1) of the Customs Act . ( dédouane­ment ) working day means a day other than a Saturday or a holiday. ( jour ouvrable ) R.S., 1985, c. C-42, s. 44; R.S., 1985, c. 41 (3rd Supp.), s. 116; 1997, c. 36, s. 205; 1999, c. 17, s. 119; 2005, c. 38, s. 139; 2014, c. 32, s. 5
Copyright Act — C-42
court means the Federal Court or the superior court of a province. ( tribunal )
Copyright Act — C-42
customs officer has the meaning assigned by the definition officer in subsection 2(1) of the Customs Act . ( agent des douanes )
Copyright Act — C-42
duties has the same meaning as in subsection 2(1) of the Customs Act . ( droits )
Copyright Act — C-42
Minister means the Minister of Public Safety and Emergency Preparedness. ( ministre )
Copyright Act — C-42
release has the same meaning as in subsection 2(1) of the Customs Act . ( dédouane­ment )
Copyright Act — C-42
working day means a day other than a Saturday or a holiday. ( jour ouvrable )
Copyright Act — C-42 44.01
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. 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. 2014, c. 32, s. 5 2020, c. 1, s. 31
Copyright Act — C-42 44.02
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. 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. 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. 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. 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. 2014, c. 32, s. 5
Copyright Act — C-42 44.03
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. 2014, c. 32, s. 5
Copyright Act — C-42 44.04
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. 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. 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. 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. 2014, c. 32, s. 5 2020, c. 1, s. 32
Copyright Act — C-42 44.05
Restriction on information use  — section 44.03 44.05 (1) 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 from the sample, for any purpose other than to give information to the customs officer about whether the importation or exportation of the copies is prohibited under section 44.01. Restriction on information use  — subsection 44.04(1) (2) A person who receives a sample or information that is provided under subsection 44.04(1) shall not use the information, or information that is derived from the sample, for any purpose other than to pursue remedies under this Act. For greater certainty (3) For greater certainty, subsection (2) does not prevent the confidential communication of information about the copies for the purpose of reaching an out-of-court settlement. 2014, c. 32, s. 5
Copyright Act — C-42 44.06
Inspection 44.06 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, importer, exporter and consignee of the detained copies and the owner of copyright an opportunity to inspect the copies. 2014, c. 32, s. 5
Copyright Act — C-42 44.08
No liability 44.08 Neither Her Majesty nor a customs officer is liable for any loss or damage suffered in relation to the enforcement or application of sections 44.01 to 44.04 and 44.06 because of (a) the detention of copies of a work or other subject-matter, except if the detention contravenes subsection 44.04(2); (b) the failure to detain copies; or (c) the release or cessation of detention of any copies, except if the release or cessation contravenes subsection 44.04(3). 2014, c. 32, s. 5
Copyright Act — C-42 44.09
Application to court 44.09 (1) 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 proceedings, (a) impose conditions on the storage or detention of the copies that are the subject of the proceedings; or (b) direct that the copies are no longer to be detained for the purpose of the proceedings, on any conditions that the court may impose, if their owner, importer, exporter or consignee furnishes security in an amount fixed by the court. Minister’s consent (2) If a party applies to have the detained copies stored in a place other than a bonded warehouse or a sufferance warehouse, as those terms are defined in subsection 2(1) of the Customs Act , the Minister must consent to the storage of the copies in that place before a condition to that effect is imposed under subsection (1). Customs Act (3) The court may impose a condition described in subsection (2) despite section 31 of the Customs Act . Continued detention (4) A direction under paragraph (1)(b) that the copies are no longer to be detained for the purpose of the proceedings does not preclude a customs officer from continuing to detain the copies under the Customs Act for another purpose. Security (5) 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 proceedings, require the owner of copyright to furnish security, in an amount fixed by the court, (a) to cover duties, storage and handling charges, and any other amount that may become chargeable against the copies; and (b) to answer any damages that may, because of the detention of the copies, be sustained by the owner, importer, exporter or consignee of the copies. 2014, c. 32, s. 5
Copyright Act — C-42 44.1
Damages against copyright owner 44.1 (1) The court may award damages against the owner of copyright who commenced proceedings referred to in subsection 44.04(3) to the owner, importer, exporter or consignee of the copies who is a party to the proceedings for losses, costs or prejudice suffered as a result of the detention of the copies if the proceedings are dismissed or discontinued. Damages awarded to copyright owner (2) Any damages under subsection 34(1) awarded to the owner of copyright in proceedings referred to in subsection 44.04(3) are to include the charges incurred by the copyright owner as a result of storing, handling or, if applicable, destroying the detained copies. 1993, c. 44, s. 66; 1997, c. 24, s. 27; 2005, c. 38, ss. 142, 145; 2014, c. 32, s. 5
Copyright Act — C-42 44.11
Importation of certain copyright works prohibited 44.11 Copies made outside Canada of any work in which copyright subsists that if made in Canada would infringe copyright and as to which the owner of the copyright gives notice in writing to the Canada Border Services Agency that the owner desires that the copies not be imported into Canada, shall not be so imported and are deemed to be included in tariff item No. 9897.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff , with section 136 of that Act applying accordingly. 2014, c. 32, s. 5
Copyright Act — C-42 44.2
Importation of books 44.2 (1) 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 that (a) copies of the book are about to be imported into Canada, or have been imported into Canada but have not yet been released; (b) copies of the book were made with the consent of the owner of the copyright in the book in the country where the copies were made, but were imported without the consent of the owner in Canada of the copyright in the book; and (c) the copies would infringe copyright if they were made in Canada by the importer and the importer knows or should have known this. Who may apply (2) A court may make an order described in subsection 44.12(3) in relation to a book on application by (a) the owner of the copyright in the book in Canada; (b) the exclusive licensee of the copyright in the book in Canada; or (c) the exclusive distributor of the book. Limitation (3) Subsections (1) and (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 Canada or in respect of the particular sector of the market for which the person is the exclusive distributor. Application of certain provisions (4) Subsections 44.12(3) to (10) apply, with such modifications as the circumstances require, in respect of an order made under subsection (1). 1994, c. 47, s. 66; 1997, c. 24, s. 28; 2014, c. 32, s. 6
Copyright Act — C-42 44.3
Limitation 44.3 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 another exclusive licensee of the copyright in that book in Canada or against another exclusive distributor of that book. 1997, c. 24, s. 28