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C-61 C-32
Second Session, Thirty-ninth Parliament,56-57 Elizabeth II, 2007-2008HOUSE OF COMMONS OF CANADA
Third Session, Fortieth Parliament,59 Elizabeth II, 2010HOUSE OF COMMONS OF CANADA
BILL C-61 BILL C-32An Act to amend the Copyright Act An Act to amend the Copyright Act
FIRST READING, JUNE 12, 2008 FIRST READING, JUNE 2, 2010
THE MINISTER OF INDUSTRY MINISTER OF INDUSTRY
SUMMARY SUMMARY
This enactment amends theCopyright Actin orderto
This enactment amends theCopyright Actto
(a) update the rights and protections of copyright
owners to better addressthe Internet, in line with international standards;
(a) update the rights and protections of copyright
owners to better addressthe challenges andopportunities ofthe Internet, so as to be in line with
international standards;(b) clarify the liability of Internet service providers; (b) clarify Internet service providers liability and
make the enabling of on-line copyright infringement
itself an infringement of copyright;
(c) permit certain uses for educational and research
purposes of Internet andother digital technologies to facilitate technology-
enhanced learning, inter-library loans, the delivery of educational material
and access to publiclyavailable material on the Internet;
(c) permit businesses, educators and libraries tomake greater use of copyright material in digitalform;
(d) allow educators and students to make greater use
of copyright material;
(d) permit certain uses of copyright material for
private purposes; and
(e) permit certain uses of copyright material by
consumers;(e) amend provisions of the Act relating to
photographs to givephotographers the same rightsas other creators.
(f) give photographers the same rights as other
creators;
(g) ensure that it remains technologically neutral;
and(h) mandate its review by Parliament every five
years.
Also available on the Parliament of Canada Web Site
at the following address:http://www.parl.gc.caAlso available on the Parliament of Canada Web Site
at the following address:http://www.parl.gc.ca
Preamble Preamble
2nd Session, 39th Parliament,56-57 Elizabeth II, 2007-2008HOUSE OF COMMONS OF CANADA
3rd Session, 40th Parliament,59 Elizabeth II, 2010HOUSE OF COMMONS OF CANADA
BILL C-61 BILL C-32
An Act to amend the Copyright Act An Act to amend the Copyright Act
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Whereas theCopyright Actis animportantmarketplace framework lawand cultural policyinstrument that,through clear, predictable andfair rules,supports creativity and innovation and
affects many sectors of the knowledge
economy;
Whereas the Copyright Act is an
importantmarketplace framework lawand cultural policyinstrument that,through clear, predictable andfair rules,supports creativity and innovationandaffects many sectors of the knowledge
economy;Whereas advancements in and
convergenceof the information andcommunications technologies that link
communities around the worldpresentopportunities and challenges that are
global in scope for the creation and use of
copyright works or other subject-matter;
Whereas advancements in and
convergenceof the information andcommunications technologies that link
communities around theworld presentopportunities and challenges thatareglobal in scope for the creation and use of
copyright works or other subject-matter;
Whereas in the current digital era
copyrightprotection is enhanced whencountries adopt
coordinated approaches, based oninternationally recognized norms;
Whereas in the current digital era
copyrightprotection is enhanced whencountries adoptcoordinated approaches,
based on internationally recognizednorms;
Whereas such norms are reflected in theWorld Intellectual Property OrganizationCopyright Treaty and the World
Intellectual PropertyOrganizationPerformances and PhonogramsTreaty,adopted in Geneva in 1996;
Whereas those norms are reflected in theWorld Intellectual Property OrganizationCopyright Treaty and the World
IntellectualProperty OrganizationPerformances andPhonograms Treaty,adopted in Geneva in1996;
Whereas such norms are not wholly
reflectedin theCopyright Act;Whereas those norms are not wholly
reflected in the Copyright Act;
Whereas the exclusive rights in the
CopyrightActprovide rights holders withrecognition,remuneration and the abilityto assert theirrights, and some limitationson these rights existto further enhanceusersaccess to copyrightworks or othersubject-matter;
Whereas the exclusive rights in the
Copyright Act provide rights holders withrecognition, remuneration and the ability
to assert theirrights, and some limitationson those rights exist to further enhance
users access to copyrightworks or othersubject-matter;
Whereas the Government of Canada is
committed to enhancing the protection of
copyright works or other subject-matter,including through the recognition of
technologicalmeasures, in a manner that promotes
culture andinnovation, competition andinvestment in theCanadian economy;
Whereas the Government of Canada iscommitted to enhancing the protection of
copyrightworks or other subject-matter,includingthrough the recognition oftechnological protection measures, in a
manner that promotes culture andinnovation, competition and investment inthe Canadian economy;
And whereas Canadas ability to
participatein a knowledge economydriven by innovationand network connectivity is fostered byencouraging the use of digital
technologies forresearch and education;
And whereas Canadas ability to
participatein a knowledge economydriven by innovationand networkconnectivity is fostered by encouragingthe use of digital technologies for research
and education;
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Now, therefore, Her Majesty, by and with
theadvice and consent of the Senate andHouse ofCommons of Canada, enacts asfollows:
Now, therefore, Her Majesty, by and with
theadvice and consent of the Senate andHouse ofCommons of Canada, enacts asfollows:
SHORT TITLE
Short title 1. This Act may be cited as the Copyright
Modernization Act.
R.S., c. C-42 COPYRIGHT ACT R.S., c. C-42 COPYRIGHT ACT
R.S., c. 10(4th Supp.),s. 1(3); 1994,c. 47, s. 56(3)
1. (1) The definitionsmoral rights
andtreaty countryin section 2 of the
CopyrightActare replaced by the
following:
R.S., c. 10 (4th
Supp.), s.1(3);
1994, c. 47,
s.56(3)
2. (1) The definitions moral rights
andtreaty country in section 2 of the
CopyrightAct are replaced by the
following:
moral rights moral rightsmeans the rights describedinsubsections 14.1(1)and 17.1(1);
moral rights moral rights means the rights described
insubsections 14.1(1) and 17.1(1);
treaty
countrytreaty countrymeans a BerneConventioncountry, UCC country,WCTcountry or WTOMember;
treaty
countrytreaty country means a Berne
Conventioncountry, UCC country, WCTcountry or WTOMember;
(2) Section 2 of the Act is amended byadding the following in alphabetical
order:
(2) Section 2 of the Act is amended byadding the following in alphabetical
order:
WCT country WCT countrymeans a country that is apartyto the WIPO Copyright Treaty,adopted inGeneva on December 20,1996;
WCT
countryWCT country means a country that is a
partyto the WIPO Copyright Treaty,adopted inGeneva on December 20,1996;
WPPT
countryWPPT countrymeans a country that isa partyto the WIPO Performances andPhonogramsTreaty, adopted in Genevaon December 20,1996;
WPPTcountry
WPPT country means a country that is aparty to the WIPO Performances and
PhonogramsTreaty, adopted in Genevaon December 20,1996;
3. Section 2.4 of the Act is amended byadding the following after subsection
(1):
Clarification (1.1) For the purposes of this Act,communication of a work or other
subject-matter to thepublic bytelecommunication includes makingitavailable to the public by
telecommunicationin a way that allows amember of the public tohave access to itfrom a place and at a time individuallychosen by that member of the public.
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2. Subsection 3(1) of the Act is amended
by striking out the wordandat the
end ofparagraph (h), by adding the
wordandatthe end of paragraph (i)
and by adding thefollowing after
paragraph (i):
4. Subsection 3(1) of the Act is amended
by striking out and at the end of
paragraph (h), by adding and at the
end ofparagraph (i) and by adding the
followingafter paragraph (i):
(j) in the case of a work that can be putintocirculation as a tangible object, to sellorotherwise transfer ownership of thetangibleobject, as long as the ownershipof thattangible object has neverpreviously beentransferred with theauthorization of theauthor in or outsideCanada,
(j) in the case of a work that is in the formofa tangible object, to sell or otherwisetransferownership of the tangible object,as long asthat ownership has neverpreviously beentransferred in or outsideCanada with the authorization of the
copyright owner,
1994, c. 47,
s. 57(1); 1997,c. 24, s. 5(2);2001, c. 34, s.
34
3. Subsections 5(1.01) to (1.03) of the
Actare replaced by the following:
1994, c. 47, s.
57(1); 1997, c.24, s. 5(2);
2001,c. 34, s.34
5. Subsections 5(1.01) to (1.03) of the
Actare replaced by the following:
Protection forolder works
(1.01) For the purposes of subsection (1),
acountry that becomes a BerneConventioncountry,a WCT country or aWTO Memberafter the date of themaking or publication of aworkisdeemed to have been a Berne Convention
country,a WCT country or a WTOMember, as the case may be, atthat date,subject to subsection (1.02)andsections33to 33.2.
Protection forolder works
(1.01) For the purposes of subsection (1),
acountry that becomes a BerneConventioncountry, a WCT country or aWTO Member after the date of the
making or publication of awork isdeemed to have been a Berne Conventioncountry, a WCT country or a WTOMember, as the case may be, at that date,
subject tosubsection (1.02) and sections33 to 33.2.
Limitation (1.02) Subsection (1.01) does not confercopyright protection in Canada on a work
whose term of copyright protection in the
country referred to in that subsection had
expired before that country became a
BerneConvention country,a WCTcountry ora WTOMember, as the casemay be.
Limitation (1.02) Subsection (1.01) does not confercopyright protection in Canada on a work
whose term of copyright protection in thecountry referred to in that subsection had
expiredbefore that country became aBerne Conventioncountry, a WCTcountry or a WTO Member, asthe casemay be.
Application ofsubsections(1.01) and
(1.02)
(1.03) Subsections (1.01) and (1.02)apply,and are deemed to have applied,regardless ofwhether the country inquestion became a BerneConventioncountry,a WCT country or a WTOMember before or after the coming into
force ofthose subsections.
Application of
subsections(1.01) and(1.02)
(1.03) Subsections (1.01) and (1.02)apply,and are deemed to have applied,regardless ofwhether the country inquestion became aBerne Conventioncountry, a WCT country or aWTOMember before or after the coming into
force of those subsections.
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1997, c. 24, s. 7 4. Section 10 of the Act is repealed. 1997, c. 24, s.7
6. Section 10 of the Act is repealed.
1997, c. 24,s. 10(1)
5. Subsection 13(2) of the Act is
repealed.1997, c. 24, s.
10(1)
7. Subsection 13(2) of the Act is
repealed.
1997, c. 24, s.
146. The headings before section 15 of the
Act are replaced by the following:
1997, c. 24, s.14
8. The headings before section 15 of the
Act are replaced by the following:
PART II PART II
COPYRIGHT INPERFORMERSPERFORMANCES, SOUND
RECORDINGSAND COMMUNICATION SIGNALS
ANDMORAL RIGHTS IN PERFORMERSPERFORMANCES
COPYRIGHT IN PERFORMERS
PERFORMANCES, SOUND
RECORDINGSANDCOMMUNICATION SIGNALS AND
MORAL RIGHTS IN PERFORMERS
PERFORMANCES
PERFORMERSRIGHTS PERFORMERS RIGHTS
Copyright Copyright
7. (1) Section 15 of the Act is amended
byadding the following after
subsection (1):
9. (1) Section 15 of the Act is amended
byadding the following aftersubsection (1):
Copyright inperformersperformance
(1.1) Subject to subsections (2.1) and
(2.2), aperformers copyright in theperformers performance also consists ofthe sole right to do thefollowing acts inrelation to the performersperformance orany substantial part of it and to authorize
any of those acts:
Copyright inperformersperformance
(1.1) Subject to subsections (2.1) and
(2.2),a performers copyright in theperformers performance consists of thesole right to do the following acts inrelation to the performers performance or
any substantial part of it and toauthorizeany of those acts:
(a) if it is not fixed, (a) if it is not fixed,
(i) to communicate it to the public by
telecommunication,(i) to communicate it to the public by
telecommunication,
( ii ) to perform it in public, if it is
communicated to the public bytelecommunication otherwise than by
communication signal, and
(ii) to perform it in public, if it iscommunicated to the public bytelecommunication otherwise than by
communication signal, and
(iii) to fix it in any material form; (iii) to fix it in any material form;
(b) if it is fixed in a sound recording, to
reproduce that fixation;
(b) if it is fixed in a sound recording, to
reproduce that fixation;
(c) to rent out a sound recording of it; (c) to rent out a sound recording of it;
(d) to communicate to the public bytelecommunication a sound recording of it
in away that allows a member of thepublic toaccess it from a place and at atimeindividually chosen by that memberof thepublic; and
(d) to make a sound recording of it
availableto the public bytelecommunication in a waythat allows amember of the public to haveaccess tothe sound recording from a placeand at atime individually chosen by thatmember
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of the public and to communicatethesound recording to the public by
telecommunication in that way; and
(e) to sell, or otherwise transfer ownership
of, every sound recording of it that can be
putinto circulation as a tangible object
andwhose ownership has neverpreviously beentransferred with theauthorization of theperformer in oroutside Canada.
(e) if it is fixed in a sound recording that
isin the form of a tangible object, to sellorotherwise transfer ownership of the
tangibleobject, as long as that ownershiphas neverpreviously been transferred inor outsideCanada with the authorizationof the ownerof the copyright in theperformers performance.
1997, c. 24, s.
14(2) Subsection 15(3) of the Act is
replacedby the following:(2) Section 15 of the Act is amended by
adding the following after subsection
(2):
Conditions forcopyright
(2.1) Subsection (1.1) applies in the
following cases:Conditions for
copyright
(2.1) Subsection (1.1) applies if
(a) if the performers performance takesplace in Canada;
(a) the performers performance takes
placein Canada;
(b) if the performers performance is fixed
in(b) the performers performance is fixed
in
(i) a sound recording whose maker, at the
time of its first fixation,(i) a sound recording whose maker, at the
time of its first fixation,
(A) was a Canadian citizen or permanent
resident as defined in subsection2(1) oftheImmigration and RefugeeProtectionAct, in the case of a naturalperson, or
(A) was a Canadian citizen or permanent
resident as defined in subsection2(1) ofthe Immigration and RefugeeProtectionAct, in the case of a naturalperson, or
(B) had its headquarters in Canada, inthecase of a corporation, or
(B) had its headquarters in Canada, inthecase of a corporation, or
(ii) a sound recording whose firstpublication in a quantity sufficient to
satisfy thereasonable demands of thepublic occurredin Canada; or
(ii) a sound recording whose firstpublication in a quantity sufficient to
satisfy thereasonable demands of thepublic occurredin Canada; or
(c) if the performers performance istransmitted at the time of its performance
by acommunication signal broadcastfrom Canadaby a broadcaster that has itsheadquarters inCanada.
(c) the performers performance istransmitted at the time of its performanceby a communication signal broadcast
from Canada bya broadcaster that has itsheadquarters inCanada.
(3) Section 15 of the Act is amended by
adding the following before subsection
(3):
Conditions forcopyright
(2.2) Subsection (1.1) also applies in the
following cases:Conditions for
copyright
2.2) Subsection (1.1) also applies if
(a) if the performers performance takes
place in a WPPT country;
(a) the performers performance takes
placein a WPPT country;
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(b) if the performers performance is fixed
in(b) the performers performance is fixed
in
(i) a sound recording whose maker, at the
time of its first fixation,(i) a sound recording whose maker, at the
time of its first fixation,
(A) was a citizen or permanent residentofa WPPT country, in the case of anaturalperson, or
(A) was a citizen or permanent residentofa WPPT country, in the case of a natural
person, or
(B) had its headquarters in a WPPT
country, in the case of a corporation, or(B) had its headquarters in a WPPT
country, in the case of a corporation, or
(ii) a sound recording whose firstpublication in a quantity sufficient to
satisfy thereasonable demands of thepublic occurredin a WPPT country; or
(ii) a sound recording whose firstpublication in a quantity sufficient to
satisfy thereasonable demands of thepublic occurredin a WPPT country; or
(c) if the performers performance istransmitted at the time of its performance
by acommunication signal broadcast
from aWPPT country by a broadcasterthat has itsheadquarters in that country.
(c) the performers performance istransmitted at the time of its performanceby a communication signal broadcast
from a WPPTcountry by a broadcasterthat has its headquarters in that country.
(4) Section 15 of the Act is amended by
adding the following after subsection
(3):
Publication (3) The first publication of a soundrecordingin Canada, a Rome Conventioncountry or aWPPT country is deemed tohave occurred inthat country,despite anearlier publicationelsewhere, if theearlier publication took placeno morethan 30 dayspreviously.
Publication (4) The first publication of a soundrecording is deemed to have occurred in a
WPPTcountry, despite an earlierpublication elsewhere, if the interval
between the publication inthat WPPTcountry and the earlier publicationdoes
not exceed 30 days.
8. The Act is amended by adding the
following after section 17:
10. The Act is amended by adding the
following after section 17:
Moral Rights Moral Rights
Moral rights 17.1(1) In the cases referred to insubsections 15(2.1) and (2.2), a performer
of a liveaural performance or aperformance fixed in asound recording
has, subject to subsection28. 2(1), theright to the integrity of theperformance,andin connection with an actmentioned in subsection 15(1.1) or one
forwhich the performer has a right toremunerationunder subsection 19(1)the right, when it isreasonable in thecircumstances, to be associated with the
performance as its performer byname or
Moral rights 17.1 (1) In the cases referred to insubsections 15(2.1) and (2.2), a performer
of a liveaural performance or aperformance fixed in asound recordinghas, subject to subsection28.2(1), theright to the integrity of the performance,and in connection with an actmentioned in subsection 15(1.1) or one
for whichthe performer has a right toremuneration undersection 19 theright, ifit is reasonable in thecircumstances, to be associated with theperformance as its performer by name or
under apseudonym and the right to
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under a pseudonym and the right to
remain anonymous.
remain anonymous.
No assignmentof moral rights
(2) Moral rights may not be assigned but
may be waived in whole or in part.No assignment
of moral rights
(2) Moral rights may not be assigned but
may be waived in whole or in part.
No waiver byassignment
(3) An assignment of copyright in aperformers performance does not by
itself constitute a waiver of any moralrights.
No waiver by
assignment
3) An assignment of copyright in aperformers performance does not by
itself constitute a waiver of any moralrights.
Effect of
waiver(4) If a waiver of any moral right is made
infavour of an owner or a licensee of acopyright,it may be invoked by anyperson authorized bythe owner orlicensee to use the performers
performance, unless there is an indication
to thecontrary in the waiver.
Effect ofwaiver
(4) If a waiver of any moral right is made
infavour of an owner or a licensee of acopyright,it may be invoked by anyperson authorized bythe owner orlicensee to use the performers
performance, unless there is an indication
to thecontrary in the waiver.
Application
and
term
17.2(1) Subsection 17.1(1) applies onlyinrespect of a performers performancethat occursafter the coming into force ofthat subsection.The moral rights subsistfor the same term as thecopyright in thatperformers performance.
Application
andterm17.2 (1) Subsection 17.1(1) applies only
inrespect of a performers performancethat occurs after the coming into force ofthat subsection. The moral rights subsist
for the same termas the copyright in thatperformers performance.
Succession (2) The moral rights in respect of aperformers performance pass, on the
performers death,to
Succession (2) The moral rights in respect of aperformers performance pass, on the
performersdeath, to
(a) the person to whom those rights are
specifically bequeathed;(a) the person to whom those rights are
specifically bequeathed;
(b) if there is not a specific bequest of
thosemoral rights and the performer diestestate inrespect of the copyright in theperformersperformance, the person towhom that copyright is bequeathed; or
(b) if there is not a specific bequest of
thosemoral rights and the performer diestestate inrespect of the copyright in theperformersperformance, the person towhom that copyright is bequeathed; or
(c) if there is not a person as described in
paragraph (a) or (b), the person entitled to
any other property in respect of which the
performer dies intestate.
(c) if there is not a person as described in
paragraph (a) or (b), the person entitled to
any other property in respect of which the
performer dies intestate.
Subsequentsuccession
(3) Subsection (2) applies, with anymodifications that the circumstances
require, on thedeath of any person who
holds moral rights.
Subsequentsuccession
(3) Subsection (2) applies, with anymodifications that the circumstances
require, on thedeath of any person who
holds moral rights.
1997, c. 24,s. 14; 2001,c. 27, s. 237
9. Subsections 18(2) and (3) of the Act
arereplaced by the following:11. (1) Section 18 of the Act is amended
by adding the following after subsection
(1):
Copyright insound
(1.1) Subject to subsections (2.1) and
(2.2), asound recording makersCopyright insound
(1.1) Subject to subsections (2.1) and
(2.2),a sound recording makers
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recordings copyright in the soundrecording alsoincludes the sole right to do thefollowingacts in relation to the sound recordingorany substantial part of it and to authorize
anyof those acts:
recordings copyright in thesound recording alsoincludes the sole right todo the followingacts in relation to the soundrecording orany substantial part of it and to authorize
any of those acts:
(a) to communicate it to the public by
telecommunication in a way that allows amember of the public to access it from a
placeand at a time individually chosen bythatmember of the public; and
(a) to make it available to the public by
telecommunication in a way that allows amember of the public to have access to it
from a place and at a time individuallychosen by that member of the public andto communicate it to the public by
telecommunication in that way; and
(b) to sell or otherwise transfer ownership
ofit, in the case of a sound recordingmade bythe sound recording maker thatcan be putinto circulation as a tangibleobject andwhose ownership has never
previously beentransferred with theauthorization of thesound recordingmaker in or outside Canada.
b) if it is in the form of a tangible object,
tosell or otherwise transfer ownership ofthetangible object, as long as thatownership hasnever previously beentransferred in or outside Canada with the
authorization of theowner of thecopyright in the sound recording.
(2) Subsection 18(2) of the Act is
replacedby the following:
Conditions forcopyright
(2) Subsection (1) applies only if Conditions forcopyright
(2) Subsection (1) applies only if
(a) at thetime of the first fixation or, ifthatfirst fixation was extended over aconsiderable period, during any
substantial part of thatperiod, the makerof the sound recording
(a) at the time of the first fixation or, if
thatfirst fixation was extended over aconsiderable period, during any
substantial part ofthat period, the makerof the sound recording
(i) was a Canadian citizen or permanent
resident as defined in subsection 2(1) of
theImmigration and Refugee ProtectionAct,
(i) was a Canadian citizen or permanent
resident as defined in subsection 2(1) of
the Immigration and Refugee Protection
Act,
(ii)was a citizen or permanent resident ofa Berne Convention country, a Rome
Convention country,a WPPT country or acountry that is a WTO Member, or
(ii) was a citizen or permanent resident of
a Berne Convention country, a Rome
Convention country, a WPPT country or a
country that is a WTO Member, or
(iii) had its headquarters in one ofthosecountries,in the case of a corporation; or (iii) had its headquarters in one of thosecountries, in the case of a corporation; or
(b) the first publication of the sound
recording in a quantitysufficient tosatisfy thereasonable demands of thepublic occurred inany country referred toin paragraph (a).
(b) the first publication of the soundrecording in a quantity sufficient to satisfythe reasonable demands of the public
occurred inany country referred to inparagraph (a).
Conditions forcopyright
(2.1) Subsection (1.1) applies in the
following cases:Conditions for
copyright
(2.1) Subsection (1.1) applies if
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(a) if at the time of the first fixation or, if
thatfirst fixation was extended over aconsiderable period, during any
substantial part of thatperiod, the makerof the sound recording
(a) at the time of the first fixation or, if
thatfirst fixation was extended over aconsiderable period, during any
substantial part ofthat period, the makerof the sound recording
(i) was a Canadian citizen or permanent
resident as defined in subsection 2(1) oftheImmigration and Refugee ProtectionAct, or
(i) was a Canadian citizen or permanent
resident as defined in subsection 2(1) ofthe Immigration and Refugee Protection
Act, or
(ii) had its headquarters in Canada, in the
case of a corporation; or(ii) had its headquarters in Canada, in the
case of a corporation; or
(b) if the first publication of the sound
recording in a quantity sufficient to satisfy
the reasonable demands of the public
occurred in Canada.
(b) the first publication of the soundrecording in a quantity sufficient to satisfythe reasonable demands of the public
occurred inCanada.
(4) Section 18 of the Act is amended by
adding the following before subsection(3):
Conditions forcopyright
(2.2) Subsection (1.1) also applies in the
following cases:Conditions for
copyright
(2.2) Subsection (1.1) also applies if
(a) if at the time of the first fixation or, if
thatfirst fixation was extended over aconsiderable period, during any
substantial part of thatperiod, the makerof the sound recording
(a) at the time of the first fixation or, if
thatfirst fixation was extended over aconsiderable period, during any
substantial part ofthat period, the makerof the sound recording
(i) was a citizen or permanent resident of
aWPPT country, or(i) was a citizen or permanent resident of
a WPPT country, or
(ii) had its headquarters in a WPPT
country, in the case of a corporation; or
(ii) had its headquarters in a WPPTcountry, in the case of a corporation; or
(b) if the first publication of the sound
recording in a quantity sufficient to satisfy
the reasonable demands of the public
occurred in a WPPT country.
(b) the first publication of the soundrecording in a quantity sufficient to satisfythe reasonable demands of the public
occurred in aWPPT country.
(5) Section 18 of the Act is amended by
adding the following after subsection
(3):
Publication (3) The first publication of a soundrecordingin Canada, a Berne Conventioncountry, a RomeConvention country, aWPPT country or acountry that is a WTOMember is deemed tohave occurred inthat country,despite an earlierpublicationelsewhere, if theearlier publicationtookplace no more than 30 dayspreviously.
Publication (4) The first publication of a soundrecording is deemed to have occurred in a
WPPTcountry, despite an earlierpublication elsewhere, if the interval
between the publication inthat WPPTcountry and the earlier publicationdoesnot exceed 30 days.
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1997, c. 24, s.
1410. Subsection 19(1) of the Act is
replacedby the following:
1997, c. 24, s.14
12. (1) Subsection 19(1) of the Act is
replaced by the following:
Right toremuneration
19.( 1)If a sound recording has beenpublished, the performer and maker are
entitled,subject to section 20, to be paidequitableremuneration for itsperformance in public or its
communication to the public by
telecommunication, except foracommunication in thecircumstancesreferred to in paragraph15(1.1)(d) or18(1.1)(a) and any retransmission.
Right toremuneration
Canada
19. (1) If a sound recording has beenpublished, the performer and maker are
entitled,subject to subsection 20(1), to be
paid equitableremuneration for itsperformance in public orits communication to the public bytelecommunication, except for acommunication in the circumstances
referred to in paragraph 15(1.1)(d)or 18(1.1)(a) and any retransmission.
Right toremuneration
Rome
Conventioncountry
(1.1) If a sound recording has beenpublished, the performer and maker are
entitled,subject to subsections 20(1.1)and (2), to bepaid equitable remuneration
for its performancein public or itscommunication to the public by
telecommunication, except for anyretransmission.
(2) Section 19 of the Act is amended byadding the following before subsection
(2):
Right toremuneration
WPPT country
(1.2) If a sound recording has beenpublished, the performer and maker are
entitled,subject to subsections 20(1.2)and (2.1), to bepaid equitable
remuneration for its performanceinpublic or its communication to the public
bytelecommunication, except for acommunication in the circumstancesreferred to in paragraph 15(1.1)(d) or18(1.1)(a) and any retransmission.
1997, c. 24, s.
14(3) The portion of subsection 19(2) of
the English version of the Act before
paragraph(a) is replaced by the
following:
Royalties (2) For the purpose of providing theremuneration mentioned in this section, a
personwho performs a published soundrecording inpublic or communicates it tothe public by telecommunication is liable
to pay royalties
13. The Act is amended by adding the
following after section 19:
Deemedpublication
19.1 Despite subsection 2.2(1), a sound
recording that has been made available to
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Canada thepublic by telecommunication in a waythat allows a member of the public to
access it from aplace and at a timeindividually chosen by thatmember of thepublic, or that has been communicated to
the public by telecommunication inthatway, is deemed to have been published for
the purposes of subsection 19(1).
14. The Act is amended by adding the
following before section 20:
Deemedpublication WPPT country
19.2 Despite subsection 2.2(1), a sound
recording that has been made available to
thepublic by telecommunication in a waythat allows a member of the public to
access it from aplace and at a timeindividually chosen by thatmember of thepublic, or that has been communicated to
the public by telecommunication inthat
way, is deemed to have been published for
the purposes of subsection 19(1.2).
1997, c. 24, s.14; 2001, c.
27,s. 238(1)
15. (1) Subsection 20(1) of the Act is
replaced by the following:
Conditions Canada
20. (1) The right to remuneration
conferredby subsection 19(1) appliesonly if
(a) the maker was, at the date of the firstfixation, a Canadian citizen or permanentresident within the meaning of subsection
2(1)of the Immigration and RefugeeProtectionAct or, if a corporation, had itsheadquartersin Canada; or
(b) all the fixations done for the sound
recording occurred in Canada.
Conditions RomeConventioncountry
(1.1) The right to remuneration conferred
bysubsection 19(1.1) applies only if
(a) the maker was, at the date of the firstfixation, a citizen or permanent resident of
aRome Convention country or, if acorporation, had its headquarters in a
Rome Convention country; or
(b) all the fixations done for the sound
recording occurred in a Rome Convention
country.
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(2) Section 20 of the Act is amended byadding the following before subsection
(2):
Conditions WPPT country
(1.2) The right to remuneration conferred
bysubsection 19(1.2) applies only if
(a) the maker was, at the date of the first
fixation, a citizen or permanent resident ofaWPPT country or, if a corporation, haditsheadquarters in a WPPT country; or
(b) all the fixations done for the sound
recording occurred in a WPPT country.
2001, c. 27, s.238(2)
(3) Subsection 20(2) of the Act is replaced
by the following:
Exception RomeConvention
country
(2) Despite subsection (1.1), if the
Ministeris of the opinion that a RomeConvention country does not grant a rightto remuneration, similar in scope and
duration to that provided bysubsection19(1.1), for the performance in public or
the communication to the public of a
sound recording whose maker, at the date
of itsfirst fixation, was a Canadian citizen orpermanent resident within the meaning of
subsection2(1) of the Immigration and Refugee
ProtectionAct or, if a corporation, had itsheadquarters inCanada, the Minister may,by a statement published in the Canada
Gazette, limit the scopeand duration ofthe protection for sound recordings whose
first fixation is done by a makerwho is a citizen or permanent resident of
thatcountry or, if a corporation, has its
headquartersin that country.
(4) Section 20 of the Act is amended byadding the following after subsection
(2):
Exception WPPT country
(2.1) Despite subsection (1.2), if the
Minister is of the opinion that a WPPTcountry doesnot grant a right toremuneration, similar inscope andduration to that provided by subsection
19(1.2), for the performance in public orthe communication to the public of a
soundrecording whose maker, at the dateof its firstfixation, was a Canadian citizenor permanentresident within the meaning
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of subsection 2(1)of the Immigration andRefugee Protection Actor, if acorporation, had its headquarters in
Canada, the Minister may, by a statementpublished in the Canada Gazette, limit the
scopeand duration of the protection forsound recordings whose first fixation is
done by a makerwho is a citizen or permanent resident of
thatcountry or, if a corporation, has itsheadquarters in that country.
1997, c. 24, s.14
(5) Subsection 20(3) of the Act is
replacedby the following:
Exception (3) If so requested by a country that is aparty to the North American Free TradeAgreement, the Minister may, by astatement published in the Canada
Gazette, grant the right toremuneration
conferred by subsection 19(1.1)toperformers or makers who are nationals of
that country and whose sound recordingsembody dramatic or literary works.
1997, c. 24,s. 14; 2001,c. 27, s. 239(1)
11. (1) The portion of subsection 22(1)
ofthe Act before paragraph (a) is
replaced bythe following:
1997, c. 24, s.14; 2001, c.
27,s. 239(1)
16. (1) The portion of subsection 22(1)
ofthe Act before paragraph (a) is
replaced bythe following:
Reciprocity 22.(1)If the Minister is of the opinionthat acountry grants or has undertaken to
grant
Reciprocity 22. (1) If the Minister is of the opinion
thata country other than a Rome
Convention country or a WPPT countrygrants or has undertakento grant
1997, c. 24,s. 14; 2001,c. 27, s. 239(2)
(2) The portion of subsection 22(2) of
theAct before paragraph (a) is
replaced by thefollowing:
1997, c. 24, s.14; 2001, c.
27,s. 239(2)
(2) The portion of subsection 22(2) of
theAct before paragraph (a) is replaced by
the
following:
Reciprocity (2)If the Minister is of the opinion that acountry neither grants nor has undertaken
togrant
Reciprocity (2) If the Minister is of the opinion that a
country other than a Rome Convention
countryor a WPPT country neither grantsnor has undertaken to grant
1997, c. 24, s.
1412. Subsections 23(1) to (3) of the Act
arereplaced by the following:
1997, c. 24, s.14
17. Subsections 23(1) to (3) of the Act
arereplaced by the following:
Term ofcopyrightperformersperformance
23.(1) Subject to this Act,copyright in aperformers performance subsists until the
endof 50 years after the end of thecalendar year inwhich the performanceoccurs. However,
Term ofcopyright performersperformance
23. (1) Subject to this Act, copyright in a
performers performance subsists until the
endof 50 years after the end of thecalendar year inwhich the performanceoccurs. However,
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(a) if the performance is fixed in a sound
recording before the copyright expires,
thecopyright continues until the end of 50yearsafter the end of the calendar year inwhich thefirst fixation of theperformance in a soundrecording occurs;and
(a) if the performance is fixed in a sound
recording before the copyright expires,
thecopyright continues until the end of 50yearsafter the end of the calendar year inwhichthe first fixation of theperformance in asound recording occurs;
and(b) if a sound recording in which the
performance is fixed is published before
thecopyright expires, the copyrightcontinuesuntil the earlier of the end of 50years afterthe end of the calendar year inwhich the firstpublication of the soundrecording occurs andthe end of 99 yearsafter the end of thecalendar year in whichthe performanceoccurs.
(b) if a sound recording in which theperformance is fixed is published beforethe copyright expires, the copyright
continues untilthe earlier of the end of 50years after theend of the calendar year inwhich the firstpublication of the soundrecording occursand the end of 99 yearsafter the end of thecalendar year in whichthe performance occurs.
Term ofcopyrightsound
recording
(1.1) Subject to this Act, copyright in a
sound recording subsists until the end of50years after the end of the calendar yearin whichthe first fixation of the soundrecording occurs.However, if the soundrecording is publishedbefore thecopyright expires, the copyrightcontinuesuntil the end of 50 years after theend ofthe calendar year in which the first
publication of the sound recording occurs.
Term ofcopyright sound
recording
(1.1) Subject to this Act, copyright in a
sound recording subsists until the end of50years after the end of the calendar yearinwhich the first fixation of the soundrecordingoccurs. However, if the soundrecording is published before thecopyright expires, the copyright continues
until the end of 50 years afterthe end ofthe calendar year in which the first
publication of the sound recording occurs.
Term ofcopyrightcommunication
ssignals
(1.2) Subject to this Act, copyright in a
communication signal subsists until the
end of50 years after the end of thecalendar year inwhich thecommunication signal is broadcast.
Term ofcopyright communicatio
nsignal
(1.2) Subject to this Act, copyright in acommunication signal subsists until the
end of 50years after the end of thecalendar year inwhich thecommunication signal is broadcast.
Term of right to
remuneration
(2) The rights to remuneration conferred
onperformers and makers by section 19have thesame terms, respectively, asthose provided bysubsections (1) and(1.1).
Term of right
toremuneration
(2) The rights to remuneration conferred
onperformers and makers by section 19have thesame terms, respectively, asthose provided bysubsections (1) and(1.1).
Application ofsubsections (1)
to (2)
(3) Subsections (1)to (2) apply whetherthefixation, performance or broadcast
occurredbefore or after the coming intoforce of thissection.
Application of
subsections (1)
to (2)
(3) Subsections (1) to (2) apply whether
thefixation, performance or broadcastoccurred before or after the coming intoforce of this section.
1997, c. 24, s.
1513. The headingINFRINGEMENT
OFCOPYRIGHT AND MORAL
RIGHTS ANDEXCEPTIONS TO
INFRINGEMENTbefore section 27
of the Act is replaced by thefollowing:
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INFRINGEMENT OF COPYRIGHT
ANDOTHER RIGHTS, ANDEXCEPTIONS
14. Section 27 of the Act is amended by
adding the following after subsection
(2):
18. Section 27 of the Act is amended by
adding the following after subsection
(2):
Clarification (2.1) For greater certainty, a copy madeoutside Canada does not infringe
copyright undersubsection (2) if, had itbeen made in Canada, itwould have beenmade under a limitation or exceptionunder this Act.
Secondaryinfringementrelated to
lesson
(2.1) It is an infringement of copyright for
any person to do any of the following acts
withrespect to anything that the personknows orshould have known is a lesson,
as defined insubsection 30.01(1), or afixation of one:
Secondaryinfringementrelated tolesson
(2.2) It is an infringement of copyright for
any person to do any of the following acts
withrespect to anything that the personknows orshould have known is a lesson,
as defined insubsection 30.01(1), or afixation of one:
(a) to sell it or to rent it out; (a) to sell it or to rent it out;
(b) to distribute it to an extent that the
ownerof the copyright in the work orother subject-matter that is included in the
lesson isprejudicially affected;
(b) to distribute it to an extent that the
ownerof the copyright in the work orother subject-matter that is included in the
lesson is prejudicially affected;
(c) by way of trade, to distribute it, expose
oroffer it for sale or rental or exhibit it inpublic;
(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);
(d) to possess it for the purpose of doing
anything referred to in any of paragraphs
(a)to (c);
(e) to communicate it by
telecommunicationto any person otherthan a person referred toin paragraph30.01(3)(a); or
(e) to communicate it by
telecommunicationto any person otherthan a person referred toin paragraph30.01(3)(a); or
(f) to circumvent or contravene any
measuretaken in conformity withparagraph30.01(5)(b), (c) or (d).
(f) to circumvent or contravene any
measuretaken in conformity withparagraph30.01(6)(b), (c) or (d).
Infringementprovision ofservices
(2.3) It is an infringement of copyright foraperson to provide, by means of theInternet oranother digital network, aservice that the person knows or should
have known is designedprimarily toenable acts of copyright infringement ifan actual infringement of copyright occurs
by means of the Internet or another digital
network as a result of the use of thatservice.
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Factors (2.4) In determining whether a person has
infringed copyright under subsection
(2.3), thecourt may consider
(a) whether the person expressly orimplicitly marketed or promoted the
service as onethat could be used to
enable acts of copyrightinfringement;(b) whether the person had knowledge
thatthe service was used to enable asignificantnumber of acts of copyrightinfringement;
(c) whether the service has significant
usesother than to enable acts of copyrightinfringement;
(d) the persons ability, as part of
providingthe service, to limit acts ofcopyright infringement, and any action
taken by the person to do so;e) any benefits the person received as aresult of enabling the acts of copyrightinfringement; and
(f) the economic viability of the provision
ofthe service if it were not used to enableactsof copyright infringement.
R.S., c. 10(4th Supp.), s. 6
15. Section 28.1 of the Act is replaced
bythe following:R.S., c. 10 (4th
Supp.), s. 6
19. Section 28.1 of the Act is replaced
bythe following:
Infringementgenerally
28.1Any act or omission that is contrarytoany of the moral rights of the author ofa workor of the performer of aperformers performance is, in the
absence of theauthors orperformersconsent, an infringement ofthoserights.
Infringementgenerally
28.1 Any act or omission that is contrarytoany of the moral rights of the author ofa workor of the performer of aperformers performance is, in theabsence of the authors or performers
consent, an infringement of thoserights.
R.S., c. 10(4th Supp.), s. 6
16. The portion of subsection 28.2(1) of
the Act before paragraph (a) is replaced
bythe following:
R.S., c. 10 (4th
Supp.), s. 6
20. The portion of subsection 28.2(1) of
the Act before paragraph (a) is replaced
bythe following:
Nature of rightof integrity
28.2(1) The authorsor performers righttothe integrity of a workor performersperformance is infringed only if the work
or theperformance is, to the prejudice ofits authorsor performers honour orreputation,
Nature of rightof integrity
28.2 (1) The authors or performers rightto the integrity of a work or performersperformance is infringed only if the workor the performance is, to the prejudice of
its authors orperformers honour or reputation,
1997, c. 24, s.18(1)
21. Section 29 of the Act is replaced by
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the following:
Research,private study,etc.
29. Fair dealing for the purpose of
research,private study, education, parodyor satire doesnot infringe copyright.
22. The Act is amended by adding the
following after section 29.2:
Non-commercial User-generated Content
Non-
commercialuser-generated
content
29.21 (1) It is not an infringement ofcopyright for an individual to use an
existing workor other subject-matter orcopy of one, whichhas been published orotherwise made availableto the public, inthe creation of a new work orothersubject-matter in which copyright subsists
and for the individual or, with theindividuals authorization, a member of
their household to use the new work or other subject-
matteror to authorize an intermediary todisseminateit, if
(a) the use of, or the authorization todisseminate, the new work or othersubject-matter is done solely for non-
commercial purposes;
(b) the source and, if given in the
source,the name of the author, performer,
maker orbroadcaster of the existing work or
othersubject-matter or copy of it arementioned, ifit is reasonable in thecircumstances to do so;
(c) the individual had reasonable grounds
tobelieve that the existing work or othersubject-matter or copy of it, as the case
may be,was not infringing copyright; and
(d) the use of, or the authorization todisseminate, the new work or other
subject-matter does not have a substantialadverse effect,financial or otherwise, on the exploitation
orpotential exploitation of the existingwork orother subject-matter or copyof it or onan existing or potentialmarket for it, including that the new work
or other subject-matteris not a substitutefor the existing one.
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Definitions (2) The following definitions apply insubsection (1).
intermediary intermediary means a person or entity
whoregularly provides space or meansfor works orother subject-matter to beenjoyed by the public.
use use means to do anything that by thisAct theowner of the copyright has thesole right to do,other than the right toauthorize anything.
17. The Act is amended by adding the
following after section 29.2:
Reproduction onto Another Medium or
DeviceReproduction for Private Purposes
Reproductiononto another
medium ordevice
29.21(1) It is not an infringement ofcopy-right for an individual to reproduce
a work orother subject-matter that is aphotograph or iscontained in a book,newspaper, periodical orvideocassette, orany substantial part of such awork orother subject-matter, onto another
medium or device, if the following
conditionsare met:
Reproductionfor private
purposes
29.22 (1) It is not an infringement ofcopyright for an individual to reproduce a
work orother subject-matter or anysubstantial part of awork or other subject-matter if
(a) the copy of the work or other subject-
matter of which the reproduction is made
isnot an infringing copy;
(a) the copy of the work or other subject-matter from which the reproduction is
madeis not an infringing copy;
(b) the individual legally obtained the
photograph, book, newspaper, periodicalor videocassette, otherwise than by
borrowing it orrenting it, and owns themedium or device onwhich it isreproduced;
(b) the individual legally obtained the
copyof the work or other subject-matterfromwhich the reproduction is made,other thanby borrowing it or renting it,and owns or isauthorized to use themedium or device onwhich it isreproduced;
(c) the individual, in order to make the
reproduction, did not circumvent atechnological measure or cause one to be
circumvented,within the meanings of thedefinitionscircumventand
technological measurein section 41;
(c) the individual, in order to make thereproduction, did not circumvent, as
defined insection 41, a technologicalprotection measure, as defined in that
section, or cause oneto be circumvented;
(d) the individual
(i) reproduces the work or other subject-
matter no more than once for each device
that the individual owns, whether the
reproduction is made directly onto the
device or is made onto a medium that is to
be used with the device, and
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(ii) prints no more than one copy of the
work, if the work is in digital form;
(e) the individual does not give the
reproduction away; and(d) the individual does not give the
reproduction away; and
(f) the reproduction is used only for
privatepurposes.(e) the reproduction is used only for
privatepurposes.
Meaning ofmedium ordevice
(2) For the purposes of paragraph (1)(b), a
medium or device includes digital
memory inwhich a work or subject-matter may be storedfor the purpose ofallowing the telecommunication of the
work or other subject-matter throughtheInternet or other digital network.
Limitation audio
recordingmedium
(3) In the case of a work or other subject-matter that is a musical work embodied in
asound recording, a performersperformance ofa musical work embodied
in a sound recordingor a sound recording in which a musical
workor a performers performance of amusicalwork is embodied, subsection (1)does not apply if the reproduction is made
onto an audiorecording medium asdefined in section 79.
Contract
prevailsin case ofinconsistency
(2) If the individual has downloaded the
work or other subject-matter from the
Internetand is bound by a contract thatgoverns theextent to which the individual
may reproducethe work or other subject-matter, the contractprevails oversubsection (1) to the extent of any
inconsistency between them.
Limitationdestruction ofreproductions
(3) Subsection (1) does not apply if the
individual gives away, rents or sells the
photograph, book, newspaper, periodical
orvideocassette without first destroyingall reproductions of the work or other
subject-matter thatthe individual hasmade under that subsection.
Limitation destruction ofreproductions
(4) Subsection (1) does not apply if theindividual gives away, rents or sells the
copy of thework or other subject-matterfrom which the reproduction is made
without first destroying allreproductionsof that copy that the individualhas madeunder that subsection.
Limitationpurpose ofreproduction
(4) Subsection (1) does not apply if the
reproduction is made for the purpose of
doingany of the following in relation tothe work orother subject-matter:
(a) selling or renting out, or by way of
tradeexposing or offering for sale orrental;
(b) distributing, whether or not for the
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purpose of trade;
(c) communicating to the public by
telecommunication; or
(d) performing, or causing to be
performed,in public.
Reproduction
ofmusic
29.22(1) It is not an infringement ofcopyright for an individual to reproduceonto amedium or device a musical workembodied ina sound recording, aperformers performance ofa musicalwork embodied in a sound recording,or asound recording in which a musical work
ora performers performance of amusical work isembodied, or anysubstantial part of such a workor othersubject-matter, if the following conditions
are met:
(a) the sound recording is not an
infringingcopy;
(b) the individual legally obtained the
soundrecording, otherwise than byborrowing it orrenting it, and owns themedium or device onwhich it isreproduced;
(c) the individual, in order to make the
reproduction, did not circumvent atechnological measure or cause one to be
circumvented,within the meanings of thedefinitionscircumventandtechnological measurein section 41;
(d) the individual reproduces the sound
recording no more than once for each
devicethat the individual owns, whetherthe reproduction is made directly onto the
device or ismade onto a medium that is tobe used withthe device;
(e) the individual does not give the
reproduction away; and
(f) the reproduction is used only forprivatepurposes.
Contract
prevailsin case ofinconsistency
(2) If the individual has downloaded the
sound recording from the Internet and is
boundby a contract that governs theextent to whichthe individual mayreproduce the sound recording, the
contract prevails over subsection (1) to
the extent of any inconsistency between
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them.
LimitationPart VIII
applies
(3) Subsection (1) does not apply if the
reproduction is made onto a medium that
isgoverned by Part VIII.
Limitationdestruction ofreproductions
(4) Subsection (1) does not apply if the
individual gives away, rents or sells the
soundrecording without first destroyingall reproductions of it that the individual
has made underthat subsection.
Limitationpurpose ofreproduction
(5) Subsection (1) does not apply if the
reproduction is made for the purpose of
doingany of the following in relation tothe musicalwork, performersperformance or sound recording:
(a) selling or renting out, or by way of
tradeexposing or offering for sale orrental;
(b) distributing, whether or not for the
purpose of trade;
(c) communicating to the public by
telecommunication; or
(d) performing, or causing to be
performed,in public.
Fixing Signals and Recording Programs
forLater Listening or Viewing
Fixing Signals and Recording Programs
forLater Listening or ViewingReproduction
forlaterlistening orviewing
29.23(1) It is not an infringement ofcopyright for an individual to fix a
communicationsignal, to reproduce awork or sound recordingthat is beingbroadcast or to fix or reproduce a
performers performance that is being
broadcast,in order to record a programfor the purpose oflistening to or watchingit later, if the followingconditions aremet:
Reproductionfor laterlistening orviewing
29.23 (1) It is not an infringement ofcopyright for an individual to fix a
communicationsignal, to reproduce awork or sound recordingthat is beingbroadcast or to fix or reproduce a
performers performance that is beingbroadcast, in order to record a programfor the purpose of listening to or viewing
it later, if
(a) the individual receives the programlegally;
(a) the individual receives the programlegally;
(b) the individual, in order to record the
program, did not illegally circumvent a
technological measure or cause one to be
illegally circumvented, within the
meaningsof the definitionscircumventandtechnological measurein section41;
(b) the individual, in order to record theprogram, did not circumvent, as definedin section 41, a technological protection
measure,as defined in that section, orcause one to becircumvented;
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(c) the individual makes no more than one
recording of the program;(c) the individual makes no more than one
recording of the program;
(d) the individual keeps the recording no
longer than necessary in order to listen to
orwatch the program at a moreconvenient time;
(d) the individual keeps the recording no
longer than is reasonably necessary in
orderto listen to or view the program at a more
convenient time;(e) the individual does not give the
recordingaway; and(e) the individual does not give the
recording away; and
(f) the recording is used only for private
purposes.
(f) the recording is used only for privatepurposes.
Contract
prevailsin caseof
inconsistency
video-on-demand
services
(2) If the individual receives the program
under a video-on-demand service and is
boundby a contract that governs theextent to whichthe individual may recordit, the contractprevails over subsection
(1) to the extent ofany inconsistencybetween them.
Limitation (2) Subsection (1) does not apply if theindividual receives the work, performersperformance or sound recording under an
on-demandservice.
LimitationInternetsimulcast
(3) Subsection (1) does not apply to the
recording of a program that is
communicatedover the Internet, unless itis communicatedsimultaneously via radioor television.
Limitationpurpose ofreproduction
(4) Subsection (1) does not apply if the
program is recorded for the purpose of
doingany of the following in relation tothe program:
(a) selling or renting out, or by way of
tradeexposing or offering for sale orrental;
(b) distributing, whether or not for the
purpose of trade;
(c) communicating to the public by
telecommunication; or
(d) performing, or causing to be
performed,in public.
Exceptionnetworkpersonalvideorecorder
services
(5) Nothing in subsection (1) authorizes
therecording of programs under anetwork personalvideo recorder service.
Definitions (6) The following definitions apply in thissection.
Definitions (3) The following definitions apply in this
section.
broadcast broadcasthas the same meaning as inthedefinitionbroadcastingin
broadcast broadcast means any transmission of aworkor other subject-matter by
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subsection 2(1) oftheBroadcasting Act. telecommunicationfor reception by thepublic, but does not includeatransmission that is made solely for
performance in public.
networkpersonal video
recorderservice
network personal video recorder service
means a service that allows a person to
storerecordings of programs in a serviceprovidersnetworked facility in order toaccess them at anytime.
video-on-demand
service
video-on-demand servicemeans aservice thatallows a person to receiveprograms at times ofhis or her choosing.
on-demandservice
on-demand service means a service thatallows a person to receive works,
performersperformances and soundrecordings at times oftheir choosing.
Backup Copies
Backup copies 29.24 (1) It is not an infringement ofcopyright in a work or other subject-
matter for aperson who owns or has alicence to use a copy of the work orsubject-matter (in thissection referred toas the source copy) to reproduce thesource copy if
(a) the person does so solely for backuppurposes 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 thereproduction, did not circumvent, as
defined insection 41, a technological protectionmeasure, as defined in that section, or
cause oneto be circumvented; and
(d) the person does not give any of the
reproductions away.
Backup copybecomes
sourcecopy
(2) If the source copy is lost, damaged or
otherwise rendered unusable, one of thereproductions made under subsection (1)
becomesthe source copy.
Destruction
(3) The person shall immediately destroyallreproductions made under subsection(1) afterthe person ceases to own, or tohave a licenceto use, the source copy.
1997, c. 24, s.18(1)
23. (1) Subsection 29.4(1) of the Act is
replaced by the following:
Reproductionfor instruction
29.4 (1) It is not an infringement ofcopyright for an educational institution or
a personacting under its authority for the
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purposes ofeducation or training on itspremises to reproduce a work, or do any
other necessary act, inorder to display it.
(2) Subsection 29.4(3) of the Act is
replaced by the following:
If workcommerciallyavailable
(3) Except in the case of manual
reproduction, the exemption fromcopyright infringement provided by
subsections (1) and (2) doesnot apply ifthe work or other subject-matter is
commercially available, within the
meaning ofparagraph (a) of the definitioncommerciallyavailable in section 2, in a medium thatis appropriate for the purposes referred to
in thosesubsections.
1997, c. 24, s.18(1)
24. (1) Paragraph 29.5(b) of the Act is
replaced by the following:
(b) the performance in public of a sound
recording, or of a work or performersperformance that is embodied in a soundrecording, as long as the sound recording
is not aninfringing copy or the personresponsible forthe performance has noreasonable groundsto believe that it is aninfringing copy;
(2) Section 29.5 of the Act is amended
byadding and at the end of
paragraph (c)and by adding the following after that
paragraph:
d) the performance in public of acinematographic work, as long as the
work is not aninfringing copy or theperson responsible forthe performancehas no reasonable groundsto believe thatit is an infringing copy.
1997, c. 24, s.18(1)
25. (1) The portion of subsection 29.6(1)
of the Act before paragraph (a) is
replacedby the following:
News andcommentary
29.6 (1) It is not an infringement ofcopyright for an educational institution or
a personacting under its authority to
1997, c. 24, s.18(1)
(2) Paragraph 29.6(1)(b) of the Act isreplaced by the following:
(b) perform the copy in public before anaudience consisting primarily of students
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of theeducational institution on itspremises for educational or trainingpurposes.
1997, c. 24, s.18(1)
(3) Subsection 29.6(2) of the Act isrepealed.
1997, c. 24, s.18.
26. Paragraph 29.9(1)(a) of the Act is
repealed.
18. The Act is amended by adding the
following after section 30:
1997, ch. 24,par. 18(1)
27. The Act is amended by adding the
following after section 30:
Definition of
lesson30.01(1) For the purposes of this section,lessonmeans a lesson, test orexamination, orpart of one, in which, orduring the course ofwhich, an act is donein respect of a work orother subject-matter by an educational institution or a
person acting under its authority that
would otherwise be an infringement ofcopyright but is permitted under any of
sections 29.4to 29.6 and subsection29.7(3).
Meaning oflesson
30.01 (1) For the purposes of this section,
lesson means a lesson, test or
examination, orpart of one, in which, or during the course
ofwhich, an act is done in respect of awork orother subject-matter by an educational
institution or a person acting under itsauthority thatwould otherwise be aninfringement of copyright but is permittedunder a limitation or exception under thisAct.
Application (2) This section does not apply so as topermit any act referred to in paragraph (3)
(a),(b) or (c) with respect to a work orother subject-matter whose use in the
lesson constitutes aninfringement ofcopyright or for whose use inthe lesson
the consent of the copyright owner isrequired.
Application (2) This section does not apply so as topermit any act referred to in paragraph (3)
(a), (b)or (c) with respect to a work orother subject-matter whose use in the
lesson constitutes aninfringement ofcopyright or for whose use inthe lessonthe consent of the copyright owner is
required.
Communicatio
nby telecom-munication
(3) Subject to subsection (5), it is not an
infringement of copyright for an
educationalinstitution or a person actingunder its authority
Communicatio
nby
telecommuni-cation
(3) Subject to subsection (6), it is not aninfringement of copyright for aneducational institution or a person actingunder its authority
(a) to communicate a lesson to the public
bytelecommunication for educational ortrainingpurposes, if that public consistsonly ofstudents who are enrolled in acourse ofwhich the lesson forms a part orof otherpersons acting under theauthority of theeducational institution;
(a) to communicate a lesson to the public
bytelecommunication for educational ortraining purposes, if that public consists
only ofstudents who are enrolled in acourse ofwhich the lesson forms a part or
of other persons acting under the authorityof the educational institution;
(b) to make a fixation of the lesson for the
purpose of the act referred to in paragraph
(a); or
(b) to make a fixation of the lesson for the
purpose of the act referred to in paragraph
(a); or
(c) to do any other act that is necessary
forthe purpose of the acts referred to inparagraphs (a) and (b).
(c) to do any other act that is necessary
forthe purpose of the acts referred to inparagraphs (a) and (b).
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Participation by
telecommunica
-tion
(4) For the purposes of sections 29.4 to
29.6and subsection 29.7(3), a studentwho isenrolled in a course of which thelesson formsa part is deemed to be aperson on the premisesof the educationalinstitution when the studentparticipates in
or receives the lesson by meansofcommunication by telecommunicationunderparagraph (3)(a).
Participation
bytelecommunica
-tion
(4) A student who is enrolled in a course
ofwhich the lesson forms a part isdeemed to be aperson on the premises ofthe educational institution when thestudent participates in or receives the
lesson by means of communicationbytelecommunication under paragraph (3)
(a).
Reproducinglessons
(5) It is not an infringement of copyright
fora student who has received a lesson bymeansof communication by telecommunication
underparagraph (3)(a) to reproduce the lessonin order to be able to listen to or view it at
a moreconvenient time. However, the student
shall destroy the reproduction within 30days after theday on which the studentswho are enrolled inthe course to whichthe lesson relates have received their final
course evaluations.
Conditions (5) The educational institution and anyperson acting under its authority, except a
student, shall
Conditions 6) The educational institution and anyperson acting under its authority, except a
student,shall
(a) destroy any fixation of the lesson
within30 days after the day on which thestudentswho are enrolled in the course
have receivedtheir final courseevaluations;
(a) destroy any fixation of the lesson
within30 days after the day on which thestudentswho are enrolled in the course to
which thelesson relates have receivedtheir final courseevaluations;
(b) take measures that can reasonably be
expected to limit the communication by
telecommunication of the lesson to the
persons referred to in paragraph (3)(a);
(b) take measures that can reasonably be
expected to limit the communication by
telecommunication of the lesson to the
persons referred to in paragraph (3)(a);
(c) take, in relation to the communication
bytelecommunication of the lesson indigitalform, measures that can reasonablybeexpected to prevent the students from
fixingor reproducing the lesson, orcommunicatingit other than as they maydo under thissection; and
(c) take, in relation to the communication
bytelecommunication of the lesson indigitalform, measures that can reasonablybe expected to prevent the students from
fixing,reproducing or communicating the lessonother than as they may do under this
section;and
(d) take, in relation to a communication
bytelecommunication in digital form, anymeasure prescribed by regulation that is
applicablein the circumstances.
(d) take, in relation to a communication
bytelecommunication in digital form, anymeasure prescribed by regulation.
Exception 30.02(1) Subject to subsections (3) to (5), Exception 30.02 (1) Subject to subsections (3) to (5),
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digitalreproduction of
works
itis not an infringement of copyright foraneducational institution that has areprographicreproduction licence underwhich the institutionis authorized tomake reprographic reproductions of
works in a collective societys repertoire
for an educational or training purpose
digitalreproduction of
works
it is not an infringement of copyright foran educational institution that has areprographic reproduction licence under
which the institutionis authorized tomake reprographic reproductions ofworks in a collective societys repertoirefor an educational or training purpose
(a) to make a digital reproductionofthesame general nature and extent as thereprographic reproduction authorized
underthe licenceof a paper form ofany of thoseworks;
(a) to make a digital reproduction of
thesame general nature and extent as thereprographic reproduction authorizedunder the licence of a paper form of
any of thoseworks;
(b) to communicate the digital
reproductionby telecommunication for aneducational ortraining purpose to personsacting under theauthority of theinstitution; or
(b) to communicate the digital
reproductionby telecommunication for aneducational ortraining purpose to personsacting under theauthority of the institution; or
(c) to do any other act that is necessary
forthe purpose of the act s referred to inparagraphs (a) and (b).
(c) to do any other act that is necessary for
the purpose of the acts referred to inparagraphs (a) and (b).
Exception (2) Subject to subsections (3) to (5), it isnotan infringement of copyright for aperson actingunder the authority of theeducational institutionto whom the workhas been communicatedunder paragraph(1)(b) to print one copy of thework.
Exception (2) Subject to subsections (3) to (5), it is
notan infringement of copyright for aperson acting under the authority of theeducational institution to whom the workhas been communicated under paragraph
(1)(b) to print one copy ofthe work.
Conditions (3) An educational institution that makes a
digital reproduction of a work underparagraph(1)(a) shall
Conditions (3) An educational institution that makes a
digital reproduction of a work underparagraph(1)(a) shall
(a) pay to the collective society, with
respectto all the persons to whom thedigitalreproduction is communicated bythe institution under paragraph (1)(b), the
royalties thatwould be payable if onereprographic reproduction were
distributed by the institution toeach ofthose persons, and comply with the
licence terms and conditions applicable to
areprographic reproduction to the extentthatthey are reasonably applicable to adigitalreproduction;
(a) pay to the collective society, with
respectto all the persons to whom thedigital reproduction is communicated by
the institutionunder paragraph (1)(b), the royalties that
would be payable if one reprographicreproduction were distributed by the
institution toeach of those persons, andcomply with thelicence terms andconditions applicable to areprographicreproduction to the extent thatthey arereasonably applicable to a digital
reproduction;
(b) take measures to prevent the digital
reproduction from being communicated
bytelecommunication to any persons whoarenot acting under the authority of theinstitution;
(b) take measures to prevent the digitalreproduction from being communicated
bytelecommunication to any persons whoarenot acting under the authority of theinstitution;
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(c) take measures to prevent a person to
whom the work has been communicated
under paragraph (1)(b) from printing
morethan one copy, and to prevent anyotherreproduction or communication ofthe digitalreproduction; and
(c) take measures to prevent a person to
whom the work has been communicatedunder paragraph (1)(b) from printing
more thanone copy, and to prevent anyother reproduction or communication of
the digital reproduction; and
(d) take any measure prescribed byregulation that is applicable in the
circumstances.
(d) take any measure prescribed byregulation.
Restriction (4) An educational institution may notmakea digital reproduction of a workunder paragraph(1)(a) if
Restriction (4) An educational institution may not
makea digital reproduction of a workunder paragraph (1)(a) if
(a) the institution has entered into a digital
reproduction agreement respecting the
workwith a collective society underwhich theinstitution may make a digitalreproduction ofthe work, may
communicate the digitalreproduction bytelecommunication to persons acting
under the authority of theinstitution andmay permit those persons toprint at leastone copy of the work;
a) the institution has entered into a digital
reproduction agreement respecting the
workwith a collective society underwhich the institution may make a digital
reproduction ofthe work, may
communicate the digital reproduction bytelecommunication to personsactingunder the authority of the institutionandmay permit those persons to print at least
one copy of the work;
(b) there is a tariff certified under section
70.15 that is applicable to the digital
reproduction of the work, to thecommunication of the digital reproductionby telecommunication to persons acting
under theauthority of the institution and
to the printingby those persons of at leastone copy of thework; or
(b) there is a tariff certified under section
70.15 that is applicable to the digitalreproduction of the work, to the
communication ofthe digital reproductionby telecommunication to persons acting
under the authority ofthe institution and
to the printing by thosepersons of at leastone copy of the work; or
(c) the institution has been informed by
thecollective society that is authorized toenterinto reprographic agreements withrespect tothe work that the owner of thecopyright inthe work has informed it,under subsection(5), that the ownerrefuses to authorize thecollective societyto enter into a digitalreproductionagreement with respect to thework.
(c) the institution has been informed by
thecollective society that is authorized toenterinto reprographic agreements withrespect tothe work that the owner of thecopyright inthe work has informed it,under subsection(5), that the owner refuses to authorize the
collective society to enter into a digitalreproduction agreement with respect to
thework.
Restriction (5) If the owner of the copyright in a workinforms the collective society that is
authorizedto enter into reprographicagreements withrespect to the work thatthe owner refuses toauthorize it to enterinto digital reproduction agreements with
respect to the work, thecollective society
Restriction (5) If the owner of the copyright in a work
informs the collective society that is
authorizedto enter into reprographicagreements with respect to the work thatthe owner refuses to authorize it to enter
into digital reproductionagreements withrespect to the work, the collective societyshall inform the educational institutions
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shall inform the educationalinstitutionswith which it has entered into
reprographic reproduction agreements
withrespect to the work that they are notpermittedto make digital reproductionsunder subsection(1).
with which it has entered intoreprographic reproduction agreements
with respect to thework that they are notpermitted to make digitalreproductionsunder subsection (1).
Deemingprovision
(6) The owner of the copyright in a workwho, in respect of the work, has
authorized acollective society to enterinto a reprographicreproductionagreement with an educationalinstitutionis deemed to have authorized thesocietyto enter into a digital reproduction
agreement with the institutionsubjecttothe same restrictions as a reprographicreproduction agreementunless theowner hasrefused to give this
authorization under subsection (5) or hasauthorized another collectivesociety toenter into a digital reproduction
agreement with respect to the work.
Deemingprovision
(6) The owner of the copyright in a workwho, in respect of the work, has
authorized acollective society to enterinto a reprographicreproductionagreement with an educational institutionis deemed to have authorized the societyto enter into a digital reproductionagreement with the institution subject
to the samerestrictions as a reprographicreproductionagreement unless the owner has
refused togive this authorization under
subsection (5) orhas authorized anothercollective society to enter into a digital
reproduction agreement withrespect tothe work.
Maximumamount that
maybe recovered
(7) In proceedings against an educational
institution for making a digital
reproduction of apaper form of a work,or for communicatingsuch a reproductionby telecommunication foran educationalor training purpose to personsactingunder the authority of the institution, the
owner of the copyright in the work maynotrecover an amount more than
Maximumamount that
mayberecovered
(7) In proceedings against an educationalinstitution for making a digital
reproduction of apaper form of a work, orfor communicating such a reproduction by
telecommunication foran educational ortraining purpose to personsacting underthe authority of the institution, theowner of the copyright in the work may
not recover an amount more than
(a) in the case where there is a digital
reproduction licence that meets the
conditionsdescribed in paragraph (4)(a)in respect of theworkor, if none existsin respect of thework, in respect of awork of the samecategorythe amountof royalties thatwould be payable underthat licence inrespect of those acts or, ifthere is more thanone applicable licence,
the greatest amount ofroyalties payableunder any of those licences;and
(a) in the case where there is a digitalreproduction licence that meets theconditions described in paragraph (4)(a)
in respect of thework or, if none existsin respect of thework, in respect of awork of the same category the amount
of royalties that wouldbe payable underthat licence in respect ofthose acts or, ifthere is more than one applicable licence,the greatest amount of royalties payable
under any of those licences; and
(b) in the case where there is no licence
described in paragraph (a) but there is a
reprographic reproduction licence in
respectof the workor, if none exists inrespect ofthe work, in respect of a workof the samecategorythe amount ofroyalties thatwould be payable under that
(b) in the case where there is no licencedescribed in paragraph (a) but there is areprographic reproduction licence in
respect of thework or, if none exists inrespect of thework, in respect of a workof the same category the amount of
royalties that wouldbe payable under that
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licence inrespect of those acts or, if thereis more thanone applicable licence, thegreatest amount ofroyalties payableunder any of those licences.
licence in respect ofthose acts or, if thereis more than one applicable licence, thegreatest amount of royalties payable underany of those licences.
No damages (8) The owner of the copyright in a workmay not recover any damages against a
personacting under the authority of theeducationalinstitution who, in respect ofa digital reproduction of the work that is
communicated to theperson bytelecommunication, prints one copyof thework if, at the time of the printing, it was
reasonable for the person to believe that
thecommunication was made inaccordance withparagraph (1)(b).
No damages (8) The owner of the copyright in a work
may not recover any damages against a
personacting under the authority of theeducational institution who, in respect of adigital reproduction of the work that is
communicated to theperson bytelecommunication, prints one copyof thework if, at the time of the printing, it was
reasonable for the person to believe that
thecommunication was made inaccordance withparagraph (1)(b).
Royaltiesdigital
reproductionagreement
30.03(1) If an educational institution haspaid royalties to a collective society for
thedigital reproduction of a work underparagraph30.02(3)(a) and afterwards theinstitution entersinto a digitalreproduction agreement describedinparagraph 30.02(4)(a) with any collective
society,
Royalties digital
reproductionagreement
30.03 (1) I